Principles

i

DENNIS C HEFFERON Barrister

Telephone 416

Solicitor

Facsimile

864-7385

416 864-7404

E-mail dhefferon@hefferonlaw ca

Royal

Bank

Plaza South Tower

200 Bay Street Suite 2600 O Box 186 P TOronto Ontario MSJ 2J4

July 13

2006

BY COURIER Mr David Crome

u 7

Director of Planning Services

Municipality of Clarington 40 Temperance Street Bowmanville ON L1C 3A6

zoos

MUNICIPALITY OF CLARINGTON

Dear David

Re

Principles of Understanding between the Municipality and Halloway Holdings Limited dated March 1 2006 As discussed I enclose herewith

to section 71 of the Land Titles Act

in the Notice

as

having

as

one

of Clarington

copy of the Notice entered

Instrument No DR513890 The

been indexed in the land

Registry

Office

as

the

register pursuant Principles are referred to on

Instrument No WHT658

Yours very

Jt

truly

r

V

bg DCH Encl

Dennis C Hefferon

1

1

Black I Sutherlandr Lr Banisters

Solicitors

TrademarkAgents

Telephone

3 416 1500 61

Facsimile

3 416 1674 61

Robin Peacocke E-mail

Direct 416 1339 840

com reacocke@blacksutherland

DELIVERED BY HAND June

27

2006

Dennis Hefferon Barrister and Solicitor 200

Bay Street Suite 2600 South Tower Royal Bank Plaza Toronto ON MSH 2J4

Dear Sir

Re

The Inc

Corporation -Principles

of the

Municipality

of Understanding

requested please find attached June 27 2006 as Instrument No As

of Clarington and

Halloway Holdings

Agreement

Notice under S 71 of the Land Titles

Act registered

DR513890

Please note that the agreement is not Notice but is indexed in the attached to this Registry Office as No WHT658 and referred to in the Notice

We

are

also

returning

an

original

copy of the

Principles

of Understanding

Agreement

for

MSH

Canada

your file Yours

truly

BLACK SUTHERLAND LLP

Robin Peacocke Real Estate Law Clerk

rcp encl

130

Adelaide

0 Box Street West Saite 3425 P

34 Toronto ON

3P5

LRO

Notice Under 7 5 1 Of The Land Titles Act

40

Receipted

as

DR513890 on

The applicant s hereby applies to the Land Registrar

2006 06 27 yyyy

mm

dd

at 10 21

Page

1 of 3

Properties 26613

P1N

0106 -

LT

Description

PT LT 16 CON 1 DARLINGTON PT 12 PL 40R16730 EXCEPT PT 4 PL 40R22125 TNV RT OVER PT 19 PL 40R1673D UNTIL LAND IS DEDICATED AS A PUBLIC HIGHWAY AS IN DR228538 CLARINGTON REGIONAL MUNICIPALITY OF DURHAM

Address

CLARINGTON 26613- 0107

PIN

LT

Description

17 PL 40R16730 EXCEPT PTS 1 8 2 PL PT LT 16 CON 1 DARLINGTON PTS 14 16 472476 3 PL 40R22125 SIT 1 D497170 SR 40R17612 AND EXCEPT PTS 1 2 EASE OVER PT 1 PL 40R2D458 AS IN DR30209 TNV RT OVER PT 19 PL 40R16730 UNTIL LAND IS DEDICATED AS A PUBLIC HIGHWAY AS IN DR228538 CLARINGTON REGIONAL MUNICIPALITY OF DURHAM

Address

CLARINGTON 26613- 0033

P1N

LT

Description

PT LT 16 CON 1 DARLINGTON PTS 1

Address

CLARINGTON

26613- 0034

PIN

2 40R17563 SR N19497 CLARINGTON

LT

PT LT 16 CON 1 DARLINGTON AS IN D481374 CLARINGTON

Address

CLARINGTON

26613

PIN

-

Description

0035

LT

Description

PT LT 16 CON 1 DARLINGTON AS IN D373949 CAARINGTON

Address

CLARINGTON

Consideration Consideration

00 0

s Applicanf The notice is based on or affects

a

valid and existing estate right interest or equity in land

Name

THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON

Address for Service

40 Temperance Street Bowmanville Ontario L1 C 3A6

This document is not authorized under Power of Attorney

This document is being authorized by

a

by

this

municipal corporation

party

John Mutton -Mayor and Patti L Barrie -Municipal Clerk

Statements

This notice is for

an

indeterminate period

Schedule See Schedules This document is

supported by evidence

which is indexed at the Land

Registry Office

as

index number WHT658

Signed By Nicholas

Timothy

Macos

130 Adelaide Street West Suite 3425 PO Box 34

acting for Applicant s

Signed

20D6 06

27

Toronto M5H 3P5 Tel

4163611500

Fax

4163611674

Submitted By BLACK SUTHERLAND LLP

130 Adelaide Street West Suite 3425 PO Box 34

Toronto M5H 3P5 Tel

4163611500

Fax

4163611674

2006 06 27

LRO

40

Notice Under 5 71 Of The Land Titles Act

The applicant s hereby applies to the Land Registrar

Payment Taxes Fees Statutory Registration

Fee

Tofal Pard

00 60

00 60

File Number Applicant Client File Number

7648

Receipted

as

DR513890

on

2006 06 27 yyyy

mm

dd

at

21 10

Page

2 of 3

Instrument

Form

Statement

61

Page

Act

Application

to

Register Notice of

of

the

71

Section THE

LAND

I Nicholas

Unregistered Estate

Right

Interest

or

Equity

Act

REGISTRAR

T

an

Macos

FOR

am

THE

the

LAND

TITLES

solicitor

for

DIVISION

The

OF

DURHAM

No

of

the

Corporation

40

Municipality

of

Clarington I confirm

in

the

that

26613-0106

PIN

26613-0107

PIN

26613-0033

PIN

26613-0039

PIN

26613-0035

The

lands

are

under

apply register

The

the

for

71

in

of

the

the

for

unregistered estate

name

Land

of

service

Temperance Street L1C Bowmanville ON

right

interest

or

equity

Limited and I hereby entry of a Notice in the

Halloway Holdings

Titles

Act

for

the

said parcels

notice will be effective address

an

as

registered

Section the

has

applicant

lands described

PIN

This

of

16

Land Titles

T0

3

90

3A6

of

the

for

an

indeterminate

applicant

is

time

3

PRINCIPLES OF UNDERSTANDING

THESE PRINCIPLES OF UNDERSTANDING

March

Principles made

as

ofthe

15 day

of

2006

BETWEEN

HALLOWAY HOLDINGS LIMITED

hereinafter

called the

Owner OF THE FIRST PART

-and-

THE CORPORATION OF THE

MUNICIPALITY OF CLARINGTON

hereinafter

Municipality

called the

OF THE SECOND PART

WHEREAS

A

At its

meeting

held

on

March

Plan Amendment Nos 43 and 44 Amendment Nos 2006-046 OPA

43

OPA 44

OPA

and 2006-047

Zoning By-law

the Council of the

1 2006

43 and OPA

as

Municipality adopted

44

recommended in

and

Report

Official

passed Zoning By-law PSD-027-06

Copies

of

are

contained in

of the lands described under PINS

26613-0106

Amendment Nos 2006-046 and 2006-047

Schedule A hereto

B

The Owner is the

26613-0107 26613-0033 Registry

owner

in fee

simple

26613-0034 and 26613-0035 for instruments

Office for the Land Titles Division of Durham

registered

in the Land

No 40 Land Registry Office

2

These lands 44

They

are

are

bounded

No 2 to the

by Highway

Stevens Road Extension

as

shown

Green Road to the north and

on

south

Green Road to the west the

Exhibit A to OPA

The Owner s interest in the lands under PIN 26613-0107 is Nova

notice of which is

Scotia

registered

as

planned

between Durham Road 57 and

44

Boulevard to the east

Clarington

Exhibit B to OPA

designated by

within the Bowmanville West Town Centre

Commercial

s Owner

subject

to

lease to The Bank of

a

Instrument No D545540 A

Lands

copy of Exhibit A to

OPA 44 is contained in Schedule B attached hereto

C

The Owner has

D

A copy of the

agreed

to

its lands to

develop

proposed concept plan

the urban

satisfy

for the

E for

Subject

to the submission and review of detailed

Development

meeting

on

was

March

1

endorsed in

2006

by

the

The Stevens Road Extension

Municipality Stevens has

the Owner

Road Extension

agreed

Players

Municipality planned

dated March

Business Park Ltd

has

agreed

to fund

Clarington

one

hundred

Stevens Road Extension from

the

Municipality

Concept at its

Plan

special

2006 has been executed

1

and West Diamond

In the Stevens Road Extension

to contribute to the cost of construction of the

Extension between the west side of

drawings

Development

hereto

Agreement

Agreement

for

of Resolution C-114-06 A copy of Resolution C-

114-06 is contained in Schedule D attached

F

and

the Council of the

principle by passing

Concept Plan

plans

of OPA 44

of the Owner s lands referred

development

to in Recital B is contained in Schedule C attached hereto

design policies

portion

Inc

Properties

Agreement

of the

by the

planned

the Owner

Stevens Road

Boulevard and the east side of Green Road The

100 percent

Regional

of the cost of

Road 57 to the west

Boulevard A copy of the Stevens Road Extension

Agreement

constructing

side

of

the

Clarington

is contained in Schedule E

hereto

G

The

Owner has

Division Committee

applied

pursuant

to the

Regional Municipality

to secfion 53 of the

described in Recital B into two

ownership

Planning Act

of Durham

Durham

Land

for its consent to divide the lands

units Consideration of the

application

has been

3

deferred

pending

Final

Amendment 2006-046 and Commercial Lands

imposition by

hereafter

Approval as

Zoning By-law

defined

of OPA 43 OPA

Amendment 2006-047

Planning Documents

The

Owner has

the Durham Land Division Committee

as

as

44 Zoning By-law

they apply

agreed

to the Owner s

object

not to

of the conditions of its

one

consent to the aforesaid division of its lands that aSubdivision Consent Agreement

defined

be made

by

the Owner with the

appropriate provisions Extension

H

any

agreed

portion

among other

with the

Municipality to

submit

Planning Act

for site

applications for any

provisions

Concept

Plan for

an

Development except

require

any

as

Assumption Agreement as

hereafter

applications

provided below

purchaser mortgagee

or

on

shall be

in these Principles

long-term

with the

defined

plan approval

development proposed

of the Owner s Commercial Lands Plans submitted with the

The Owner will also

enter into

hereafter

as

the Owner s covenants contained in the Stevens Road

to section 41 of the

Municipality pursuant

consistent with the

I

implement

contains

provisional

Agreement

The Owner has

to the

to

which

Municipality

to the

lessee from it to

Municipality

on

the terms

set out below

J

The Owner has Plan for

Concept in these

K

repair

and maintain Private Road C shown

Development including streetscaping improvements

The Owner has

buildings

agreed

Private Road C

below in these on

4times the 0

to

grant

on

Municipality

or

Y shown

ofthe Precinct in which such

Principles

for

a

on

the

the terms set out below

nominal consideration exercisable

when the ratio of the Total Floor Area

either of Precincts X area

the

including streetscaping improvements

Principles

The Owner has

in these

to construct

Principles

purchase

L

agreed

agreed

with the

on

the

buildings

Municipality

that

Concept Plan aze

respecting

for

option

to

the terms set out

hereafter

defined

of

Development exceeds

located

subject

to the

it will enter into arrangements with Durham

s Durham responsibility

as

on

an

provisions

concerning

set out below

matters within

the urbanization of Highway No 2 between Green Road and

4

Clarington Boulevard including as

the construction of a traffic control barrier

on

Highway No 2

all

required by Durham

M

The Owner has

00 000 200 obligations

to pay to the

Clarington

payment is subject

to Final

Approval

The execution of these

Mayor

and the

Municipal its

of the

Principles

are

on

00 2

each of the

is

the other

parties

parties

as

by the Municipality

and other

of certain contractual

the extension of

referred to below in these

on

behalf of the

by By-law

Uptown

Principles

Avenue

and which

Municipality

2006-050

of

passed by

Clarington by

the

the Council of the

March 1 2006

NOW THEREFORE in consideration of the TWO DOLLARS

of Two Hundred Thousand

sum

Planning Documents

Clerk is authorized

Special Meeting

the

Municipality respecting

Boulevard which

N

Municipality at

Municipality

consideration for the release

as

of the Owner to the

from

westerly

Dollars

agreed

good

premises

herein contained and the

and valuable consideration

hereby acknowledged

each of the

parties

the receipt

sum

whereof

of

by

hereto covenants and agrees with

follows

Recitals

1

Each ofRecitals C to the

operative part

effect

as

M inclusive

of these

and the Schedules hereto

Principles

covenants contained in these

Recital and the

following pazagraphs

are

hereby incorporated

Each of the Recitals shall be construed and

Principles

If there is

the text of the

an

paragraph

given

inconsistency between shall

prevail

into

any

to resolve the

inconsistency

Unwindine

2

a

of Princinles of Understandine

These

Principles

Zoning By-law

shall unwind and have

no

force

or

Amendment 2006-046 and 2006-047

effect if OPA

as

43

they apply to

OPA

44

the Owner s

5

Commercial

b

Lands subject only

are

Permitted Amendments

the

sCouncil on or Municipality

If

any

one

adoption

appeals

or more

or

of the

passing

as

are

Disposition as

in

approval

final

modifications

Principles

or and

hereafter

defined

before March

31

Documents

hereafter

of the

adopted

Municipal the

shall unwind and have

that

no

are

force

or

passed by

of such

sdoes appeal

Permitted effect

Board from the

s Council Municipality

Planning Documents subject

amendments

or

2006

by

defined

not

are

made to the Ontario

Planning

and the Final the

to such modifications and or amendments that

not result

only

to

Amendments

such these

the date of such Final

on

Disposition

c

For the purpose of these

i

the term

Principles

Permitted Amendments

amendments to any

one

or more

Amendment 2006-046 and

1

means

of OPA 43 OPA 44

Zoning By-law

the

development

is either

proposed by

Municipal Board days

Amendment 2006-047

the

on

the

Owner

which

Municipality

and which either

or

prior

is made to

the Owner notifies the

modification

the term Final

or

amendment is

Disposition means

the withdrawal of all

Municipality

acceptable

the latest to

appeals

to

it

occur

or

of

or

or

of such modification and or amendment

made

1

Zoning By-law

Owner Commercial Lands of the s

imposing additional obligations

ii

of and or

do not have the effect either of imposing any additional restrictions on

2

any modifications

in

by

the Ontario

within

thirty 30

being proposed writing

and

of

or

that such

6

2

if any

appeal

appeal

from

is not

or

judicial review

by the Ontario Municipal

if

an

Court

Board in

for leave to

application

the issuance of

appeal

the issuance of

application

dismissing

the

if leave to

appeal

is

Divisional Court in

4

if

an

from

Appeal

in clause

a

4

dismissing is

respect

application is made

granted

the

an

judicial

a

decision

appeal

appeal

for leave to

final order

appeal

or

or

the issuance of

of the

a

review to the

by

the Ontario

order by the Divisional Court

for leave to

granted

ofthe

respect

Ontario Divisional Court is made from

Municipal Board

for leave to

application

an

ofthe decision order of the Board is

made to the Ontario Divisional

3

unless

withdrawn

a

judicial review final order

by

or

the

and

to the Ontario Court of

appeal

decision of the Ontario Divisional Court referred to the issuance of

application

issuance of

a

an

order

the Court of

by

for leave to

appeal

final order

by

or

if leave to

the Court of

Appeal appeal

Appeal

in

means

the

respect of the appeal

iii

For the purposes of these latest to

1

occur

expiration

Approval

of all

Planning

Documents

by the Municipality

appeal periods therefrom

without any

and

appeals

been filed and

having

if any

the term Final

of

the enactment of the the

2

Principles

appeal

result in the

subject

to

is filed the Final

Planning

only

Disposition

Documents

of all such

coming into

appeals

full force and

effect

or amendments that such modifications and

Permitted Amendments

that

are

d

Irr the event there is any

Municipal Board the Ontario and

on

i

Board

hearing

under

Municipality Players

the Owner will not

Municipality

Owner shall

iii

the

West Diamond and

8

as

to the

survive the

repeal

Halloway

if Final

Approval

the

to

e

day

foregoing provisions

unwinding pursuant

therefrom is

given

Board

to the

1n the event that there is any

March

with the Ontario

costs that

maybe by

Board and there is

of clauses

1 2009

the Owner

awarded

the Owner

Documents had been

paragraph

8

are

given by

2 i d i and iii which shall

iv these Principles d 2

to this clause

hearing

no

further force

or

in any Court

or

effect

on

participate in

proceeding arising

Municipality

appeal

no

that the

Municipality required by

that the Owner s written notice ofits election not to

Municipal

2006

and

Owner

the Ontario

Municipal

proceed

Planning

of the

the

Documents if the

result of the aforesaid election

payment

1

and

shall cease

Planning

that the releases referred to in

to the

dated March

proceeding provided

shall be deemed to have unwound and have the

hereto

Municipality against

as a

between

Agreement

of the

the Court

or

shall make the

Municipality

Subject

the

Municipality

received provided the

hearing

indemnify

the Owner

paragraph

iv

Indemnity

to the

slegal Municipality

share of the

in its sole discretion decides not to

Board

Municipal

therefrom

Municipality to that effect

the

object

Ontario

participate in

proceeding arising

in Schedule I copy of which is contained

against

to the

Documents

Planning

any Court

to pay its

obligation costs

consulting

ii

or

of a written notice to the

s the Owner

a

of the

the Owner in its sole discretion may elect not to

Municipal

receipt

appeal

Final

of the

Planning

Disposition

hereby irrevocably

Documents to the Ontario

of all such

appeals

consents to the

on or

repeal

before of the

8

Documents and these

Planning effect

or

on

the

If these

Principles

Municipality

that the latest of the aforesaid

day

unwind

3

or Consent

with the Owner in

hereafter

which it

the

or

e

the

expunging

any

they

defined

or

paragraph

referred to in

have been

7

after the date

registered

effect

building to

prior

s Commercial Lands Owner

transfer of the lands shown

that

structure

permits

on or

under the Ontario

develop

any

portion

the event of an

the effect of which will be to

on

of the

the final consent of the Durham Land

Planning Act or in

Boazd

Precinct Y

as

or

obtaining

Division Committee under section 53 of the

Municipal Board

the issuance of

request

or

Code Act to construct any

the Ontario

passed by

Renuired Before Construction

The Owner shall not construct

Building

on

unwinding takes

which such

cooperate

Option as

from the title to the lands

Plan of Subdivision

is

repeals

further force

pazagraphs 2 a c d

to

pursuant

will consent to and

Notice of them and the

on

no

Council

s Municipality

f

shall unwind and have

Principles

the

Concept

Plan for

appeal to the

pernrit

Development

Condition to Consent

4

a

The Owner will not

provisional

object

Consent Subdivision section

to

consent

12 53

to the

divide

Agreement

of the

imposition

Planning

referred

be made Act

by

as a

to

condition of the in

it with the

contain

Plan

for

Development

provisions respecting

Consent The Subdivision

the Owner s Commercial Lands which Directors of

Planning

provisions respecting

Services and

are

that

Agreement as

shown

Agreement

servicing

satisfactory

Engineering

of

to the

and

a

a

Municipality pursuant

The Subdivision Consent

among other matters the

3

paragraph

show the lands of the Owner divided into Precincts X and Y

Concept

granting

to

shall

on

the

shall

grading

of

s Municipality

Services It shall also contain

the construction of works the maintenance and

guarantee

of

9

the

works

approval by

the Director

of

Engineering

of works cost

estimates and revised works cost

estimates

performance guarantee covering

the cost of construction ofthe works

by

the aforesaid Directors It shall

provide

and the

Funded Section of the Stevens Road Extension Extension

Agreement

as

Development Charges of these

provisions

considers to be

In these

owner

Act

appropriate

shall

that the

in order to

the context

as

either

mean

of land with the

Further

an

to be made

Municipality

an owner

shall

required

Municipality by the

Developer-

for in the Stevens Road

meaning

contain

as

of section 59 of the

replication

a

of such

sSolicitor acting reasonably Municipality protect

the

sinterests Municipality the term

requires

as a

and

26

of land with the

Consent Subdivision

approval

or

an

12 53

of

a

draft

by

an

plan

of

agreement which is

Municipality

to subsection

to be made

required

condition of

25 51

granted pursuant

consent

provisional

by

provided

agreement which is

subdivision pursuant to sections

required

it

and release ofthe

use

constructing

local service within the

Principles

Principles

Agreement

a

deposit

for the payment to the

the Owner of the Owner s share of the costs of

b

Services

as

of the

a

condition of

Planning Act

a

A

Consent Agreement in order to Subdivision

implement these Principles

the

form when the Subdivision Consent

sthen Municipality

Agreement

current standard

shall be in

is made

Urbanization of HiehwaV No 2 between Green Road and Clarinnton Boulevard

5

Prior to the

granting

Precinct Y

on

the

of

a

final consent to the Owner to transfer the lands shown

Concept

approval by the Municipality the

building

on

improvement Amendment for the

including

2006-047 portion

and

Development

under section 41 of the

Precinct Y shown

store

cost or a

Plan for

on

the

associated

Planning

the Owner shall enter into

to the

as

an

granting

Act for the

Plan for

Concept

facilities

prior

of site

as

plan

development of

Development

as

a

home

permitted by Zoning By-law

arrangement with Durham to pay

ofthe cost ofthe urbanization of Highway No 2 between the east

side of Crreen Road and the west side of of a traffic control median

on

Highway

Clarington

Boulevard

including

the construction

No 2 to the satisfaction of Durham The Owner

to

will not

object

to the

imposition

subdivision referred to in

of a condition to the

paragraph

4 in

provisional

order to

consent

give effect

or

draft

plan

to the intent

of

of this

paragraph

Construction Renair

6

a

and Maintenance of Private Road C

The Owner shall construct at its cost Private Road C shown for

Development

shown

on

The construction shall include the

Drawings

hereto subject

that may be set out in

Municipality

on

for

plan

Planning

of site

Planning Act

requiring

that it

the Owner to

maintain it in

b

The Owner will not

plan approval

a

keep

enter into

Private Road C shall also be shown of

Survey

deposited

object an

Registry

weeks e a r the date of the

to the

approval

imposition

a

proper state of

of the

under section of

a

condition

Municipality repair

and to

manner

as

Parts

16 17

40R-24257 The Reference Plan of in the Land

Act The Owner shall

agreement with the

Private Road C in

reasonable and proper

contained

development of any portion

s Commercial Lands which the Owner submits for Owner 41 ofthe

Drawings

agreement between the Owner and the

an

the first site

Concept Plan

to any revisions of the Cross-Section

made pursuant to section 41 of the

show Private Road C

the

streetscaping improvements

and shall be in accordance with the Cross-Section

in Schedule F attached

on

Office

by

21 and 22

Survey

on

Reference Plan

shall be

prepared

the Owner at its cost within six

and

6

Principles

Option to Purchase Private Road C

7

a

The Owner

Option 24257 for

hereby

grants to the

Municipality

Private Road C described a

nominal

consideration

as

an

irrevocable option

Parts 16 17 21 and 22

in fee

simple absolute

for in Schedule G The

Option

on

purchase

Plan 40R-

free and clear of all

encumbrances and restrictions except Permitted Encumbrances

defined provided

to

as

hereafter

shall be exercised

by

the

11

the Owner

Municipality giving lands

been exercised

at any time

Council acting reasonably of one

defined

on

the

deemed to have entered into on

15 day period

Upon exercising

its

maintain the road

as a

that

option public

which has at

Municipality without

the

of Precinct Y shown

b

either

either Precinct X

to

Exercise

Option

the

adjustment

on

the

the

completed

the

purchase

the

to any

adjustment being

22

on

the

on

portion

the

access

for

application

portions

Concept

additional reference to the

of the

of such

Option

of expiry

shall

of

been

Day

operate and

approved by

for site

plan approval on

the

Engineering

either for

area

of survey

prior

building

Plan

for the

16 17

or

21 and

release of its

to the

Option

or

deposited

in

and if

accordingly

adjustment

and

for

to make

nominal consideration

prepared by

Office at the cost of the Owner

owner

that involves

C

of Parts

shall be amended

required

hereunder shall be

a

a

appropriate

In the latter case the

Development

the

Services and Director

of Private Road

portion

of

Concept

shall execute any transfer

lands

Day

Development

alignment

equivalent

Plan for

plans

day

hereto

and egress shall not be altered

Precinct Y shown

Municipality

for other lands of

necessary the

Registry

shall be

Exercise

Option

Municipality

made to the boundaries of any

40R-24257

interest in relevant

subject

On the

written consent of the Owner and the then

an

of the

area

Day

which is the

day

Exercise

Option

Concept Plan

or

on

commences

sDirector Municipality

an

exchange

Precinct Y

Municipality

of Planning Services agree with the Owners that it would be

Plan

or

hereafter

as

agreement of purchase and sale of Private

road and that

prior

Precinct X

Development

any

s Municipality

exceeds 0 4 times the

the Vendor and the

which

If in the context of considering on

which the

on

that it has

the terms and conditions set out in Schedule G attached

of the fifteen

from

on

located

are

binding

a

the term that it shall be

including

day

Development

aforesaid

as

in title of it of the

Vendor written notice

the

located

buildings

Option

or successors

determines that the Total Floor Area

Plan for

Concept

exercise of the

following

buildings

or more

Precinct in which such

Road C

successor

which such Private Road is located

on

shown

the

or

All

of the lands

in the Land

Municipality granting

the

12

The transfer to the

required release any

portion

free

and

clear

Encumbrances

of

provided

meaning 84-63

Commercial area

of

a

C8 Zone

2006-047

to the

established

permitted garden

added to the aforesaid

buildings

that in the

amended except

as

for

simple absolute Permitted

except

the term Total Floor Area has the

Principles

it has for the purposes of the

as

restrictions

and

exchanged

for in Schedule G

For the purpose of these

c

Payment

encumbrances

all

of any lands to be

of Private Road C shall be in fee

alignment

of the

Municipality

By-law

sZoning By-law By-law Municipality case

of lands within

defined in section

as

84-63

by

Large

a

Format

Amendment 2006-047 the

by Zoning By-law

centre

same

viwhich a 1 22A

section 2 of Zoning

is

Amendment

By-law

shall be excluded from the calculation of the Total Floor Area of

or

provided

structures

Municipality

that the

required parking

is provided

Consideration for the Release of

as

Contractual Obli ations RespectinE the Uptown Avenue Extension

8

On

or

Final be

before the

Approval

developed

symbol

of the

the

from the

on

of

shall

the

permit

to

pay

by

the

Zoning By-law

Concept

home

a

200 Dollars in 00 000 the release

Documents to

of

provisions

plan approval Owner

Planning

for retail commercial and service uses

Precinct Y shown site

after the latest to

thirty 30 days

that is

day

Plan for

improvement

the

cash

or

Municipality

Municipality

2 the

the date of

1

removal of the H

Amendment 2006-047

building

the

sum

by negotiable cheque of the Owner s

of

the Owner s Commercial Lands to

Development

store

occur

applies

to

granting of

fmal

the aforesaid Precinct

Y

and

on

it

as

Holding

3

of Two

the

Hundred

Thousand

The payment is consideration for

obligation

to dedicate

a

portion

of the

lands referred to in Recital B and to construct thereon at its cost the extension of Uptown Avenue are

westerly

from

contained in the

Limited

and

Clarington

Boulevard The contractual

Servicing Agreement between

Clarington

Amending Agreement Industries Limited and

Place Limited dated

between the as

the

Municipality

May 24 1994

Municipality Clarington

further amended

by the

obligations

Second

as

of the Owner

Willsonia Industries

amended

by

the First

Place Limited and Willsonia

Amending Agreement

between

13

the

Municipality

the

Servicing Agreement

the Owner and Willsonia Industries Limited dated June 13 2003 and the First

Amending Agreement

G in Instrument No D472409 The

Servicing Agreement

and the Second

Amending Agreement the

as

As

Servicing Agreement is

Agreement

registered

Registry

of the aforesaid payment the

receipt

contained in Schedule aznended

as

Amending Agreement collectively

Amended

in the Land

are

A

Office

copy of the as

and in any event

documentation from the

Servicing Agreement

no

Owner

As

later than

execute

a

respecting

and valid release ofthe

good

may be

required

to

the

limitation and

Municipality the

passing

its

the intent of this sentence

registration

of such

of any

registration

documentation

instruments from title to Precinct Y Instrument Nos D540060 and may be

amended

by

by-laws

provisions

Upon the

Y

the

reasonably

the

required

deposit

maybe required

releasing

s Municipality

to lands that on

are

the

as

following

amended

DR228472

to

without

implement

each

by

as

it

the intent

registered

on

the aforesaid Instruments from title to

Director

a

reference

Municipality

disbursements in connection with the

requesting payment

is

of

Planning Services acting

Servicing Agreement

as

Amended

not included within Precinct Y The Owner shall

title at its cost

Y The Owner shall pay the

written notice

No

3

the execution

permit

to release

ii Instrument

considers to be necessary to preserve the

application

prepare and

as

aze

to

Owner

paragraph

including

Instrurent No D472409

as

of the

and the Owner shall execute such amendments to the

Municipality

aforesaid Instruments

required by-laws

as

and

of

transfer of Precinct

documentation and other documents shall be

the Owner at its cost Prior to

Precinct

in their

LT970915

and such other documents

ofthis sentence The title

i

shall

request

prepared by the

shall prepaze and execute all such documents

and

Amending

the aforesaid

Y with the consent of the Durham Land Division Committee pursuant to

above

refereed to

the dedication and construction of the

Amended respecting

implement

the First

Municipality

thirty 30 days following

aforesaid extension of Uptown Avenue and such other documents as

are

Second

extension of Uptown Avenue shall be deemed to be released and the

forthwith

by

Instrument No DR228472 On

of the Owner

obligations

Both

its

plan

reasonable costs for

implementation

given by

the

of survey which shows Precinct

of this

pazagraph

Municipality to the

legal

fees and

forthwith after

Owner

14

Implementation of Concept Plan for Development Throueh Site Plans

9

a

The Owner will prepare

will

or

require

s Commercial Lands to prepare site Owner that

aze

consistent with the

the Owner

nrevocably

Plan

appropriately or

authorize the

and after

acting reasonably Concept

for

made

plan approval

defined pursuant submitted to the

the Owner

by

site

the

in each site

plan approval

agreed

for

generality

for

Precinct

Y

other than

The

Municipality will

Development Owner refer for

or

appeal

Development

through

Concept

to

of this

the

that

any site the

provisions

Development

of

to be made

Planning as

paragraphs

condition of any

part of the site plan approval

with

Municipality

Municipal

improvement

store

on

Plan for

Concept

the

respect their

Concept

to approve

Boazd

provided

or

for

will the

Concept that

or

needs

Plan

nor

in respect of either Precinct X

development

the

6

Act It is understood and

home

proposed

as a

that is not consistent with the

paragraph 9 a of the

Planning Act

referable to Private Road C shall be

consistent

are

plan

shall be

seek to accommodate the needs of tenants

Ontario

completion

Plan for

terminate

the

hereafter

as

plans

under section 41 of the

submissions

The Owner will not ask the

implementation Y

Owner

Act The site

Planning

respond

to

sstaff Municipality

Owner by making decisions that will

decisions

making

it

upon applications for site

Assuming

foregoing

the

the

Services

to amend the

Owner

will make its submissions consistent with the

prospective tenants of the while

an

under section 41 of the

buildings

Development

by

Principles

subsequent

Owner

commenting

approval

of the

the

plan agreement srequired

that the Owner in

process

or

to section 41 of the

Municipality

limiting

and

by

and

Municipality

by revising

necessary

reviewing

and 7 and Schedule F of these

repeated

if

The

of the

of its lands

Director of Planning

with the

prior consultation

part

development

Development

s Municipality

to issues that may be raised

in

for the

plans

Plan for

Development

commenting agencies

Without

Concept

in title of any

successors

on

Plan the

Precinct

thereof in accordance with the

requirement

of this

paragraph 9 a

shall

is

b

The

Municipality acknowledges

6 2006 Drawing A3 0 December

c

20

that

revised

Drawings A-100

February 27 2006

2005 which show the

centre associated facilities landscaping

parking

with the

it

Concept Plan

for

Development

The Owner covenants with the

i

to build

a

home in

Leadership System by the

ii

before

version 1 0

requesting

1

proof

of

Council 2

copies

a

to

issuance

building

on

January

Drawing A7 1 revised

Precinct Y shown

require

on

transferee ofPrecinct

Green

Building Rating

for LEED basic certification

CaGBC

of

a

building permit

Precinct Y

to

for

submit

a

registration

CaGBC

of the

project

with the Canada Green

Building

and

of the LEED

information and the LEED

Scorecard Checklist

from

LEEDS

architect

the list of items

including

identifying

copies the

home

with their

registration

submit

it

Precinct Y which meets

Design

0 1

a

on

building permit

construction and

iii

Council

dated

and elevations are consistent

building

Canada-NC

Building

the

store

for

application

store

it will

4

improvement store garden

applies to

and Environmental

LEED

Canada Green

improvement

Municipality

improvement

Energy

as

and

home

proposed

Revision

operation

the

Accredited

incorporated

to meet LEED Canada-NC

of all Technical Reviews of the

Preliminary

LEED Review

forthwith after each Technical Review of the

and

project

is

Professional

in the

design

0 1

project by

Final

Project

CaGBC

LEED Review

made

and

16

iv

to

provide

panels

all the architectural

and store

facings

enhancements including

set out in the letter to the

John Mutton from Brent Clarkson dated

agreed

to

by

the

s Mayor Municipality

July 13 2005

sDirector Municipality

of

brick pre-cast

Planning

unless otherwise

Services

a

copy of

this letter is contained in Schedule J attached hereto

provided Y

that

through

Concept

on

the

the

implementation

completion

Plan for

of the

Development

of this

c paragraph 9

development

the

in respect of Precinct

thereof in accordance with the

requirements

of this

paragraph 9 c

shall

temvnate

Release of Certain Reserves

10

Subject

to

compliance

with the

and agrees with the Owner

discretion of Final

that

authorizing

of the

the transfer

thirty 30 days

not sooner than the

Owner and the

by

the

Municipality

the

Reserve

Municipality

set out in

in fee

duly stamped

with the Certificate of

simple

by

Owner for

legal

a

as

may be

disbursements

Transfer Tax if any

Municipality

Lands

after the date

shall pass

a

by-law

described in

The transfer shall be effected not

Approval

ofthe

Planning Documents

8 hereof has been

register

Municipality

Compliance required

required

nominal consideration

fees and

the

thirty 30 days

legislative

performed by

such documents

to the Owner for

a

as

but the are

nominal

free and clear of any encumbrances The transfer shall be

2001 for the transfer of the Reserve Lands

things

the

paragraph

covenants

it in the exercise of its

shall prepare execute and

consideration

Municipality hereby

to the Owner of the lands

after the date of Final

obligation

the

that not later than

parties

to transfer the Reserve Lands

further acts and

fettering

Planning Documents

Instrument Number DR228537

required

without

it is the intention of the

Approval

later than

Municipal Act 2001

as

as

pursuant to

aforesaid The

Municipality

shall do such

in order to transfer the Reserve Lands to the

aforesaid The Owner shall pay the

not to exceed

Municipal Act

00 The 300

s Municipality

Owner shall pay GST and Land

17

Holdine Provision

11

Pursuant

to section 23 3 of the 4

Municipality

3 of the Bowmanville West Town Centre 2 17 have been

applied to

2006-047 to

ensure

Plan and OPA 44

satisfactorily

are

a

2006-047

addressed

result of the

a

enactment of

Amendment

Secondary Plan

that the matters referenced in the

Stevens Road Extension

44

Agreement

the

the

Concept

the

Owner will ofOPA

c

the

planning

Holding symbols

to

of

Clarington

development

execution of these

s adoption Municipality

Amendment No Official

of the Owners

Principles

and the

of OPA 43 and OPA and

Zoning By-law

that

documents will

ensure

achievement of all those

s Municipality

Official Plan and section

44

for

Development

plan approval

ensure

and

the

provisions

under section 41 of the

of these

Planning

Principles

Act show that the

achievement of all of those matters set out in section

a 4 2 17

44

Municipality

will be satisfied that

all ofthose matters

d

Municipality

Municipality acknowledges

Plan

site

respecting

the H

Zoning By-law Amendment 2006-046

these contractual and

3 of OPA 2 17

Official Plan and section

by Zoning By-law

prior

parties

matters set out in section 4 23 of the 3

b

Clarington

the Owner s Commercial Lands

Commercial Lands As

and

of

required by

the

following

the

holding symbols

are

the

section

only conditions from

the

appropriate arrangements

will be made for

17 ofOPA 44 b 4 2

that must be satisfied

zoning applicable

prior

to the removal of

to the Owner s

Commercial

Lands

i

the

by

granting

of

a

final consent to divide the s Owner Commercial Lands

the Durham Land Division Committee

issued pursuant to section

plan

of

subdivision

the

12 53

of the

granting

as

evidenced by

Planning Act

of the

approval

or

a

in the

of the

certificate case

final

of a

plan

of

18

subdivision to in these

ii

the

having

execution

the

iv

by

the

terms

deposit by

Guarantee

granted

Principles having

containing the

iii

been

been provided

Owner

provided

of

a

for

Municipality

v

X and or Y of

an

the

Municipality

required by paragraph

the

entering

vi

e

without

proposed

sub-lessee of Precinct

Assumption Agreement as hereafter defined

into of arrangements

16

with

hereof

satisfactory

to Durham as

respecting

provided

in

the

paragraph

hereof

the

the

of Notice of these

registration

Commercial

vii

Agreement

or

urbanization of Highway No 2 and related works 5

of the Performance

transferee of Precinct Y and any

transferee mortgagee chargee lessee assignee

as

Agreement

Principles

Stevens Road Extension

by the proposed

the conditions referred

case

Consent Subdivision

for in these

the Owner with the

required by the

the execution

and in either

Lands

registration

fettering

acknowledges Documents

the

to amend

Holding symbol Development

is

title to the Owner s

to the lands to which it

legislative authority

intention subject

to Final

Zoning By-law Amendment

as soon as

condition referred to in

Option on title

exercise of its

from the

on

and

of the

its present

Principles

zoning

reasonably practicable

the

Approval

on

the

and

Municipality

of the

2006-047 to

of Precinct Y shown

applies

Planning

remove

Concept

the H

Plan for

after the satisfaction of the last

paragraph 11 d to be satisfied

is satisfied

19

Notice

12

If any notice

by

other document is

or

any official of the

these

post

Principles

or

delivered

Municipality

to be

or

maybe given by

Owner

or

by

required to the

such notice shall be transmitted

the

the Owner to the

by telefax

mailed

by

Municipality or Municipality by

first class

prepaid

to

To the Owner

Halloway Holdings Limited 177

Nonquon Road

h 20

floor

Oshawa

ON L1G 3S2

OR

To the

Municipality

The Municipality of Clarington 40 Temperance Street Bowmanville ON L1C

3A6 Attention Director of Planning Services Fax

or

905-623-0830

such other address of which the Owner has notified the

such notice

so

terms of these

mailed

or

Municipality

in

writing Any

delivered shall be deemed good and sufficient notice under the

Principles

and shall be effecfive from the date which it is

so

mailed

or

delivered

Actinc Reasonably

13

All discretionary decisions shall be deemed to be

Chances in Number

14

These

or

Principles

context

by

officials of the

qualified by

the words

Municipality referred

to in these

Principles

acting reasonably

Gender

shall be read with all

changes

of

gender

or

number

required by

the

zo

Successors

15

These their

Principles

respective

shall

enure to

successors

and

the benefit of and be

binding

on

the

parties hereto

and

assigns

Assumption of Oblieations

16

a

The Owner covenants and agrees with the

indispensable

and

condition of any

including entitlement or

portions

more

sublease of such to

renew

lands

prior

as

the

leasable interest with or more

may

to and conditional

in these

be on

obligations

Principles

has entered into

the termination in

and covenants

to the extent

have been

discharged by performance

save

and

Planning

Act

assignment for

provisions

oflease

financing

or

ofthe

except to the

sublease of

then such

or

or

a

a term

any one

assignment

any

portions

one or more

agreement with the

of such or

sub-

Municipality

question taking place assuming

those

each

satisfaction of the

for

ofwhich such

respect

obligations

and covenants that

Municipality or to section 51

are

or

the title to such lands which the

considers to be enforceable

against

of the Owner s Commercial Lands

Act Where

a

leasehold interest is

assume

or

including entitlement

mortgage

given by

mortgagee chazgee lessee assignee

covenants unless and until such

possession

portion

Planning

thereunder shall not be bound to

takes

an

registered against

in title to the relevant

to the

term

to the lands in

sSolicitor acting reasonably Municipality

pursuant

or

Consent Agreement made pursuant Subdivision

section 53 of the

successors

any

lease for

Assumption Agreement provided

applicable

being acquired

a

or

or a

either of the whole

unexpired

an

of the whole

interest is

included in

more

charge

general

a

proposed transferee mortgagee chazgee lessee assignee

case

of the relevant

or

or

of the Owner s Commercial Lands

of 21 years

that each

lessee

a

sale mortgage

to renew of 21 years

that it shall be

Municipality

such of the Owner s

charge lease

way of security or

obligations

mortgagee chazgee lessee assignee

control of the property pursuant to such

sub-lessee

or

security

and

sub-lessee

Where any

zl

of the

obligations

Municipality have or

sub-lessee

portion

and covenants of

to these

party

may

a

portion

ofthe Owner sCommercial Lands and entered into

Assumption Agreement

with the

Municipality

Party

Similarly

if

an

such

Assuming Party

proposes to enter into

Assumption Agreement conditional

provisions

on

is

required

b

apply

with

Municipality

the

delivery

form and

acting reasonably requires to restrict the

the

Assuming Party

as

or

prior the

in

weeks

specified

prior

to the date

charge lease assignment may be The written

Municipality

an

so

Assuming

paragraph

Municipality prior

an

to and

In the latter case the

changes being

necessary

shall

an

such terms

penultimate

sentence

case

satisfied

may

and

ii

the

Owner

application duly the

as

the

to

executed

by

sSolicitor Municipality

lease of the s Owner Commercial Lands written consent of the

case may

writing given to

be

the

or

Municipality

sublease of

of the

the Land

Municipality

a

Registry Office

The Owner

not later than three

leasehold shall

interest be

of that fact

be provided

that

any necessary

Assumption Agreement

i

any

3

proposed transfer mortgage

Municipality

the

or

shall request the consent of the

in the notice of the

of lease

consent

notify

Principles by

proposed transfer mortgage charge lease assignment the

have been

made pursuant to section 118 of the Land Titles Act

Municipality by notice

as

all

case

and covenants

in title of

effect to the

Municipality

containing

transfer charge

portion thereof without

the

give

of these

it shall deliver to the

registerable

or an

with

the

an

paragraph 16 a

Concurrent

it in

successor

question taking place

considered to have been made in order to of this

covenants

to be made with the

shall

paragraph

or a

obligations

and

Owner

land as

transaction referred to in this

a

the transaction in

of this

its

obligations

then the

in title of that

shall be deemed to be released from

hereunder to the extent that assumed

other than the

unconditionally by atransferee lessee assignee Assuming Party as the case maybe who has acquired all or a

Assuming Party or an Assuming Party s successor be

Principles

been assumed

of the title to

the aforesaid

a

provisions

of

as

granted

prior

of lease

the

case

and the

to the date of or

sub-lease

paragraph 16 a

has been made

by

are

the

z2

proposed transferee mortgagee chargee lessee assignee case maybe

c

Paragraph 16 a shall

Development may

be

Precinct as

the

is

case

development

Municipality be

may

to

Any

Registry

or

implement

in

applying

the

Concept

the entire Precinct

completion

shall cooperate with the Owner

the

of

Y

Plan for the

as

case

development

or an

of a

Assuming Party

to expunge the Notice under section 118 of the

paragraph 16 b

necessary reference

accomplish

to

Forthwith after each such

Land Titles Act referred to in Precinct

of it

of the entire Precinct X

completed

the

as

terminate with respect to the land within either Precinct X

Precinct Y when

or

sub-lessee

or

this end shall be

plan

of survey

prepared

Office at the cost of the Owner

or

and

from the title to the relevant or

amendment thereto

deposited

Assuming Party

on

as

required

title in the Land

the

case

maybe

Status Statement

17

Within ten shall

10 days

provide

standing

a

of

receiving

a

written request from the

written statement either

confirming

and not in default of any provisions of this

and extent to which such

requesting

that the

Owner

the

Municipality

requesting Owner

Agreement

or

setting

is in

good

out the manner

Owner is in default

Withdrawal of Appeals

18

On

or

prior

to Final

046 and 2006-047 as

Approval

they apply to

Owner will withdraw its

PL040131

of OPA

appeals

43

OPA

44 Zoning By-law Amendment

the Owner s Commercial Lands

to the Ontario

Municipal

2006-

being received

the

Board under OMB File No

23

Authority of Municipality

19

The Owner these

Principles

enforceable reliance

Registration

20

acknowledges

the

on

that every

the

by

parties

hereby

on

registration

consents to the

Principles

agreement

are

by

executed

ofthe Owner

authority

to enter into

the law

by

the

and is

fully

Municipality

in

aforesaid

as

of the

of

registration

a

Notice of these

Principles

as a

charge

to the Owner s Commercial Lands The Owner also consents

Option

on

Payments to the Municipality to Assist to

has

Title

agreement against the title to the

and that these and

Municipality

hereof is authorized

provision

acknowledgement

of Principles

The Owner

and agrees that the

the title to the lands to which it

applies

BIAS and or

Implement Community Improvement Plans

21

a

On

or

before the

date of Final

day

which is

on

the

Plan for

Concept

provisions

of Zoning

s Commercial Owner to be

proposed

Lands

developed

the Owner s Commercial

000 7 00 funds in of any

one or

programs

fund

or

or

to

more

plan approval or

service

the Owner shall pay the

Municipality

Busifess

provide

to assist in the

Municipality

final site

The

as

Improvement

Municipality

assistance to the Business

funding

as

Plans

applicable

the Council of the

to any

of the first any

the

building

portion

of

of Seven Thousand

shall

deposit

such

management

Municipality

to fund

or to and

implement the provisions

one or more

Murricipality

developed

they apply to

Improvement Area

of grant programs to

the

Holding symbol

uses on

sum

Areas in the

1

Zoning By-

to be

account for future disbursement to the boards of

Community Improvement the

Lands

proposed

the removal of its H

for retail commercial

Dollars to the

a reserve

3

lands

as

of

to the Owners lands

Amendment 2006-047

By-law

and

2

they apply

as

Development

for retail commercial and service uses from the

occur

of Official Plan Amendments 43 and 44 and

Approval

law Amendments 2006-046 and 2006-047 shown

after the latest to

thirty 30 days

of

business centres in

in its discretion considers to

24

adjustments nine

ten

paragraph

or

Seventy

Thousand

which the first

Municipality

b

The second

as

to

discretion

Municipality by

a shall paragraph 21

an

amount

equal to

they

by are

provided

c

to make the first

for in this

be

payment

on

required to

a paragraphs 21

and

b 21

Bowmanville Business

Improvement Area

appeal

to the

the

sum

day

on

application

000 7 00

is to be made

by

the Owner

yeaz-to-year percentage changes prices

the

or

make any

of all items on

annual

9

as

of the year

payments

ofthe date shall be

Municipality

in

published by

January ls

anniversary

if any

payment

the Orono Business

Improvement

filed by any other person

against

to the

of the boards

Improvement Area

of such Business

Zoning By-law

the

plus

on

to be

which

adjusted

as

b paragraph 21

Owner shall not be

one

pursuant

the Owner to the

by

a and 21 b but subject Notwithstanding paragraphs 21

any

each of

adjusted annually commencing

the CPI in effect

Municipality

on

of Seven Thousand

payment

the

no

is made Each of the nine

paymenrt

the Owner to the

being

Dollazs

single payment

have

subsequent payment

Statistics Canada with the base

made

a

aforesaid is to be made

the Consumer Price Index for Toronto for all

in which the first

on

the Owner may pay the entire

Dollazs in

of the year in which the first

the

to

All payments shall be made in cash

b shall pazagraph 21

and each

pursuant

January ls

to the

00 000 70

in which cash

Dollars made on

At its sole

payment

2nd

subject

shall be made

00 000 70

Thousand

b pazagraph 21

for in

provided

by negotiable cheque

of

each

intend that the aggregate of the

Municipality

equal Seventy

will

to the

payments

of the date of the first payment that is to be made

The Owner and the

10 payments

adjustments

21 Each payment paragraph b

described in

9 anniversaries

to this

additional

Dollars

Thousand 00 000 7

of Seven

Municipality

9

The Owner shall make nine

appropriate

be

paragraph 21 d the

Municipality pursuant of

management

the Newcastle

Improvement Area Areas files

any

Amendments 2006-046

to

one

an

or more

Village or

appeal

to

of the

Business

any member of or

supports

an

of OPA 43 OPA 44 and

and 2006-047

as

they apply

to

the

25

s Commercial Lands Owner

and

such

is not withdrawn

s appeal person

in

or support and

appeal

writing

on

or

Municipal

d

do not support

an

appeal

the

Ontario

total of five

subject

to

the purposes set out in in

specified

The

00 000 14 of the date

Lands

against

any one

and if any such

is not withdrawn in

established

writing

single payment

on

the

the Owner to the

apply with

day

four

for

4

d fully paragraph 21

annual

payments

on

first

payment

the first

or and

prior

to

hearing before

shall

pay to the

00 000 14 in

The

4 subsequent

payment

provisions

under this

anniversaries

discretion

70 Dollars 00 000

as

For

in

a

aforesaid is to be made

of paragraph

a 21

and

b 21

deemed to have been made to

paragraph 21 d

under

under that

of Fourteen Thousand

is to be made At its sole

changes being

duty

shall be made at the

1St payment

payments

the four

which the first

satisfies the

a and payment paragraph 21

as

b totaling paragraph 21

of Seventy Thousand

Municipality

effect to the intent of this

Owner to make

sum

all necesAary

Owner

for in

making

1St payment

on

the

on or

of

00 Dollars subject to adjustments for 000 70

paragraph 21 a

which the frst

appeal

or more

appeal

of Fourteen Thousand

a The paragraph 21

remaining

Improvement

Amendments 2006-046 and 2006-047

adjustments provided

the Owner may pay the entire

shall

any other person

Dollars each shall be made

on

Business

Village

Area and their members do not

5 payments

Thousand

aggregate Seventy

paragraph

Board is

Municipal

Dollars each

by

before the Ontario

conference at which the commencement date of the

a

time

by

s appeal person

of such other

Municipality

the

filed

to the Owner s Commercial

pre-hearing

the

Improvement

Zoning By-law

OPA 43 OPA 44 and

they apply

of the Newcastle

management

Area and the Orono Business

support

pre-hearing

Board is established

If the boards of

or

to the

prior

hearing

conference at which the commencement date of the

of such other

clarity payment

give

under this

of the Owner to make payments under

pazagraph 21 a fully d paragraph 21

satisfies the

duty

ofthe

26

Termination After Final

22

a

Approval Owner has not received

In the event that the subdivision in

and has not commenced construction of

to

date of Final

Municipality

time after the

period

of three

given

expiry

the

are

Municipality

3

of three

provided

3

referred to in

If notice of termination is

as

if the

the

pazagraph 3 hereof

that

their

present

the

case

given pursuant

sCouncil in the Municipality

as

aforesaid

at any

Approval

of the

Municipality

are

referred to in

on

the date

to

legislative discretion

Municipality

will

the

repeal

months thereafter The Owner will not

Municipality repealing

the

Planning

Municipality adopting

Zoning By-law

Amendment

same terms as those

the

that

applicable

were

Uptown

passing

payment provided

shall not be shown

for in

as a

as

public

paragraph 8

public

or

in

parties

the

object

part

street

the

state

Planning to the

and will not

Official Plan Amendment and

prior

to the Final

Approval

that the Official Plan Amendment shall

Extension

to the

to the Owner s Commercial Lands in the

the map contained in Schedule L attached the

an

in effect immediately

Planning Documents except

for Street C and the

Documents in whole or

given

The

a without fettering paragraph 22

6

to the

of these

c paragraph 22

which it is

give

maybe

exercise of its

intention to be that the

on

may

provisions

Docurents within six

object

the

give

c paragraph 22

notice of termination

notice of termination shall be effective

b

years from the

of these

years from the date of Final

provisions

Municipality or to the Owrier

thereon

provisions

the Owner written notice that it has elected to terminate the those

for

that the Owner has not commenced construction

in accordance with

Principles except

provided

the Owner may

Planning Documents

those provisions that

Documents

building

a

a

of

building

a

written notice that it has elected to terminate the

Owner has not

of

of the

Approval

Principles except

Planning

art any time within

paragraph 3

plan

draft

a

s Commercial Lands as to divide the Owner

or a consent

paragraph 3

contrary

of

approval

provide

streets in the locations shown

hereto

in which

of

on

unless the Owner has made case

the

Uptown

Extension

27

The

c

provisions

terminate is

of these

given

Principles

under

that will not terminate if

a

notice of election to

paragraph 22 a are the following

Parasraphs and Schedules 8 26 and

19 21 22 23 24 25 L Schedule

Expungement of Principles From Title After Satisfaction

23

Without

derogating

the last of the

provisions

provisions

of these

of paragraph 2 of these

Principles

Principles

forthwith after

to be satisfied has been

will consent to and co-operate with the Owner in

Municipality or

from the

satisfied

expunging the Principles

Notice thereof and the Notice under section 118 of the Land Titles Act if not

expunged

in accordance with

it have been out in

registered provided

that the

a7 b and 7 c paragraphs 7

title to the lands which

Municipality under

paragraph 16 c

paragraph

and Schedule

required

which they

or

to be

registered

on

the

have not been transferred to the

they

to be made

on

already

the terms and conditions set

G continues

Private Road C if

comprise

and the payment

from the title to the lands

Option including

the

by

the Owner to the

Municipality

8 has been made

Further Assurances

24

The

parties hereby

parties

to

forthwith

assurances as

with the

execute

may be necessary

true intent ofthese

the lands

covenant and agree after

subject

presents

to this

provisions

and or

provide

required

request in writing by one party all

further

registration against

of such notices

Agreement

documents

in order to carry out

and to effect the

Agreement

of this

a

or

to the other

instruments

and give

effect

to

and the

and release from title to

other instruments in accordance

zs

Time of Essence

25

Time shall in all respects be of the

essence

of these

Principles

Enurement

26

These

Principles

respective

shall

successors

enure

and

to the benefit of and bind the

assigns

parties

hereto and their

29

IN WITNESS WHEREOF the

parties

hereto have hereunto have set their hands and

seals the

day

and year first above written and the

corporate

seals

by

SIGNED

the hands of their proper officers

SEALED AND

DELIVERED

parties

duly

hereto have hereunto affixed their

authorized in that behalf

THE CORPORATION OF THE

OF CLARINGTON Y MUNICIP

In the presence of John

Cleric

HALLO

t HOLDINGS LIMITED

J e Nam Name

Title

Title

A SCHEDULE

Copy

of OPA 43 OPA 44 and

Zonine By-law Amendment Nos 2006-046 and 2006-047

Attached

IdO AMENDMENT 43 TO THE CLARINGTON OFFICIAL PLAN March

1

2006 the recommendations of the

To implement P-JRPOSE

Commercial P

Review clicy

Secondary Plan Review Amendment 43amends the Clarington Official Plan the Bowmanvil e East Main Central Area Secondary Plan the Courtice and the Bowmarivil e

West Main

CentraLArea

Sub-Central Area Secondary Plan the Newcastle Village Main Central Area Secondary Plan and the South-West Courtice Secondary

Plan This

BASIS

isbased on the Clarington Commerciat Policy Review Final Report -Recommended Policy Changes dated May 30 2005 and the Bowmanvil e West Main Cenfral Area Secondary Plan Review dated May 30 2005 prepared by Meridian Planning Consultants Inc the supporting analysis by market urban design and

Amendment

transportation

and engineering sub-consultants and further revievred by municipal staff ACTUAL

AMENDMENT The Clarington

Plan The Official

Clarington

Official Plan

By

adding a

new Section

is hereby

amended as follows 1

4 2 as 9

To minimize light pollution 9 2

follows

from

4 existing

and

new development

2 Byadding

anew Section The Municipality 6 3

43 as 6

will seek

follows

4

to minimize light

pollution by a

all forms of development developing lighting standards for to ensure community safety while minimizing negative impacts from lighting b

utilizing appropriate street-lighting and c retrofit ing existing street-lighting luminaries over time 3 In

Section 5

by replacing 6 3

the words Main orSub-Central

with the words Town and Village

In

Centres

Areas

4

Section 9 3 a 5

by

deleting the number

100 in Sub-section

with the number 500

1

a and replacing it

by deleting the words is not located on in Sub-section c and replacing them with the words does not have direct

b

access

to

c

by deleting the word and at the end of Sub-section b and inserting it at the end of Sub-section c

d

by adding

the following-new

sub-section

d parking shall be located -

at the

side

or rear

of the

building - In Table 9-t by replacing the words Central Areas with the 5

--

6

-

words

Town

or

Village Centres

Bydeleting-Table

2 and-replacing 9

it with

Table 9-2 as

a-new

follows Table 2

Urban Area N e l g h hou d ioods

-

-

Housing Uruls

-

-

Housing Targets by Neightwurhoode

Medlran

y

Figh

Tatal

Intensifiption

CourSce N1

Town l entre

0

0

250

10D

N2

West ShoppingDistrid

0

0

0

350

350

N3

Wonlen

1175

125

0

100

1400

N4

-Highland

-

350

D

75

1400

550

535

0

50

1135

N6

Hanmdc

850

100

0

25

N7

Avondale

825

200

0

275

9300

N8

Emily Stowe

1475

275

0

550

2300

N9

Penfamd

1075

75

0

75

1225

N10

Darlington

450

25

0

383

N71

Bayview

300

125

N12

Farewell

-

100

Glenview

-

1225

N5

-

1150

Helghfs

858

50

1825

2033

12918

-

-

8775

1735

375

0

700

225

275

1200

-

TOTAL

875

Bowrnanvipe -

N1

EaslTown Centre

N2

WestTovm Centre

N3

Mertwrial

N4

Central

N5

Veuant Massey

NB

Apple Blossom

N7

25D

1500

0

1750

-0

250

350

1575

-425

125

75

75

700

1025

200

0

175

1400

1300

225

0

125

1650

Elpin

1025

200

50

150

1425

N8

Fenwidc

1325

525-

D

100

1950

N8

Knott

1450

300

175

125

2050

N10

NorOtglen

975

250

50

50

1325

N11

tl Brooklu

1325

350

0

75

1750

N12

Darlington

700

175

D

125

1ODD

N13

Weslvale

1025

375

275

75

1750

Ni4

Waverly Purl Darlington

1075

275

50

75

1475

550

450

175

25

1200

N15

Green

-

-

-

-

-

-

0 975

2

2825

1800

200 22

75

225

13175

4400

0

100

50

1075

100

0

100

1275

1450

200

0

125

1775

500

325

250

0

1075

1050

250

0

960

0

0

0

960

300

350

6660

-

-

-

TOTAL

N2

Graham

N3

FosYr Port of Newcastle

N5

North VGIa -

NB

Wdmol

1350

-

Pk

-

Vdlape Centre

-

N7

-

-

Vitlag9 Newcastle

TOTAL

7

975

5035

In Section 9 5 c by replacing the words Local Central Areas with the words Neighbourhood Eentres

8 and

Chapter 10 by deleting the words Central Areas replacing them with the words Town Village and

In

in the

4itle

Ne Centres ghbourhood Section 10 1 by deleting the words Central Areas and replacing them with the words Town and Village Centres 9

In

Section 10 2 by deleting the words other types of 1 specialized commercial uses to meet the needs of residents and by 10 In

the words a full range of choice in services for local residents and businesses

replacing them with 11 In Section

3 1 10

appropriate locations

appropriate 12

by deleting the words and

goods and

and direct them to

replacing them wiih

the words in an

manner

By adding 4 1 10

the

following

new

section

To protect and foster the role of downtowns

1 by deleting the words Main Central Areas 2 Section 10 and replacing them with the words Town Centres East and West 13 In

14 In Section 10 2 by deleting the words Central Area and replacing them with the words Town and Village

Centre

15 In Section

3 2 10

-and replacing them the words Central Areas with the words Town Village Neighbourhood and the Port of Newcastle Harbourfront Centres

a by deleting

b by deleting walkways

c

the word and between the words parks and and replacing with a commas and

adding words by the

and

building forms

reflect the character of the

commuriity

and

at the

styles

that

end of the

sentence 16 In Section 10 5 by 2

building

forms to the end

adding

the words and auto-oriented

of the sentence

3

17 By

adding the following new section

6 2 10

To

provide opporturiities for and to encourage future intensification and infill with new development

18 In Section 10 3 by the section s titte

deleting

the words for Central

Areas from

19 By deleting Section 10 1 in its entirety replacing 3 and it with the

following

new section

1 Town 3 10

and Village Ceritres Neighbourhood Centres Highway Commercial Districts the Courtice West Shopping District and the Port of Newcastle Harbourfront

-

Centre

are shown on

indicated 20

on

Map

By renumbering Section following changes to

the

a

by deleting and

2 as Section 3 10

5 and by making 4 10

the renumbered Section 10 5 4

the words

replacing

Map A -with population allocations

E

Central Areas in the first

them with the words Town and

Centres b

sentence

Village

in

Sub-section c by inserting the words municipal squares before the words pocket parkettes and

by

word- street-related buildings after the pocket parkettes

inserting

c

in

the

Sub-section d by deleting

replacing them

the words

d

by adding

the

CentraLAreas

with the words Town and

and

following

new

sentence

words

and

Village Centres

at the

end of the

Section

Urban design principles the urban design

policy

will be further elaborated

for

through specific Town and Village

Centres as set out in Section 10 6 of the OfficiaF 4 Plan and Secondary Plans Development shall comply with area

21

By adding

specific urban design guidelines

a

2 No 3 10

new Section 10 2 3

as

follows

Town or Village Centre Shopping District or Highway Commercial District or expansion to any of these Centres or Districts shall be permitted unless approved as part of the comprehensive review of the Official Plan It is the Municipality s policy to seek new

additional

development and intensification of the Bowmanville East and WestTown Centres priorlo the of considering expansion of existing Centres or Districts or designating new Centres or Districts Notwithstanding the above new Neighbourhood Centres

4

maybe designated through process 22

By deleting

23

By adding 3 10

neighbourhood planning

a

6 inclusive 3 3 to Section 10 Sections 10

a new

3 as follows Section 10

amend the

Applications

to

significantly

any Town

Plan to expand

Official

Village or Neighbourhood Centre Shopping District or Highway Commercial District or to designate any new Neighbourhood Centre -may require a retail impact study as determined by Council in their sole discretion to assess the

on

-

expenseof-the applicant

-

24

impact

the planned function of Town and Village Centres The retail impact study shall be prepared by an independent at the qualified consultant retained by the Municipality -

a By adding 4 3 10

new

The

follows

Section 10 4 as 3

ongoing health in

Centres

and

particular

vitality of Town and Village

the historic

downtowns

will be

encouraged by a phasing major retail growth iri accordance

growth population

in

Clarington

b municipal investment c municipal programs investment in and

adaptive

with

public infrastructure

in

encourage private sector

to

and the restoration historic buildings

redevelopment reuse of

senior levels d participation inappropriate programs of

government preparation of community improvement plans

of

e

f fostering and assisting merchant groups and associations and

g encouraging joint marketing 25 By adding a 5 3 10

new

efforts

Section 10 5 as follows 3

integral part of good community design and image It is municipal policy Signage

is

recognized as

an

that

a

the

design and scale of Signage shall complement

rather than dominate the

b

it shall be

building

incorporated

or

landscape

as

an

integral part

site layout wherever possible

5

of a

c it will hot unduly detract from the overall visual attractiveness of the built environmenffor bath

pedestrians d

it will be

and

motorists and

designed

and located

so

pedestrians

hazardous for either

as not to or

be

motorists

More specific guidance regarding signage shall be provided through urban design policies and the s Sign By-law Special signage Municipality may be defined for the historic areas of the unique oiherand nfovcns dour

requirements

-

26

Municipality

By adding

6 3 10

a

new

6 as 3 10 follows

Section

s programof streetscape Municipatity improvements developers or owners of commercial the creation of properties will be encouraged to assist in a high quality public realm through contributions to street tree planting and street furniture in addition to landscaping improvements on private lands As part of the

Tis renumbered 3 27 Section 10

Section 10 6 and 4 amended as

as

follows

a

b

words In the review of development applications and replacing with the words In Town or Village Centres where detailed urban design guidelines have not been prepared

by deleting

the

by deleting

the

words forCentral Areas and of 10 5 4

them with the words

c

by adding and

approval

shall be

d

of

through the

development applications after

implemented

in

be

achieved

Sub-section

d by adding

screening parking shade for

areas

visible to the

and

pedestrians

words with

particular regard to

street providing

heat effects mitigating island

by inserting f

g

a new

-

the end of the clause

f

review the words

by deleting from Sub-section c the word and now between the words commercial and residential and by adding the words and community use before the words shall

e

words and punctuation

the

replacing

Sub-section

lighting impacts will

energy

efficient

maximizes the

be

of

as

follows

minimized

orientation which alternative or renewable

design

use

f and g

and

energy such as solar and wind energy and the mitigating effects of vegetation wall be encouraged wherever

possible 6

at

and

all

by renumbering

subsequent Sub-sections of the

6 accordingly 4 renumbered Section 10

g

Sub-section h by adding the words wherever possible and in all other situations within separate buildings of similar design to the principal building on the lot

in renumbered

at

the end

of the clause

word and words and the and after the word unobtrusive adding anticipated noise impacts will be mitigated the

inSub-section i by deleting the h renumbered

punctuation

areas will be

-28words Main Central Areas in the deleting 4fiy Sectiorr10 rr the title and replacing them with the words Town and Village Centres 2

In

a

Section

1 4 10

Main Central Areas shall be planned and in the first sentence and replacing them with the words Centres shall be Town and

by deleting the words Village

activities within the Municipality b by deleting the words

replacing

them

with

the words

activity in

each

and

community

with the Town Centres

second sentence - by deleting the words They shall in the c and replacing them with the words Town and Viflage

Centres will 30

2 4 By deleting Section 10

a new

in its

entirety

and

by replacing it with

2 as follows 4 Section 10

2 4 10

Each Town and Village Centre will have a distinct character and function generally in accordance with the

fallowing a

Town Centres will be

larger in scale provide goods

and services for a large segment of population and will develop with a

s Clarington

higher overall

density

Village Centres

than

b Bowmanville

Town Centres

planned and developed significance providing the

East and

West will

be

centre of regional highest level of retail and

as a

service

uses

and shall be the

primary focal point of

cultural community recreational and institutional -uses

in

Clarington

c tillage Centres will developed

in scale be

at similar densities as the historic

shall serve and services and

downtowns and

goods

be smaller

7

primarily local needs for

d Town

Village Centres

and

will maintain and enhance

the historic character of each 31

By adding

follovrs

new Section 10 3 as 4

a

coinmunity

The Municipality will seek to achieve the following targets for Town and Village Centres

3 4 10

Centre

Gross Leasable

Maximum Floor

Floor Space for

Space

Index

s

Bowmanville East

-

-

-Uses -

-

-

Retail and Service k

uare metres 000 80

5 1

000 100

5 1

Town Centre West

Bowmanville Town Centre

Courtice

000 30

5 1

OOD 20

75 0

Town Centre Newcastle Villa

a

Centre

Orono Villa

a

4 0

500 7 Centre

The maximum floor space index shown in Table 10 1 is the maximum floor

space permitted on

a

net

32 By deleting Section 10 4 in its entirety the following new Section 10 4 4 10

Town

arid Village

developed

development parcel

and

Centres-shall be

in accordance

shall encourage and

by replacing

it with

comprehensively

withSecondary Planswhich

provide

for

and mixed use developments in a residential or

order

to achieve higher densities and reinforce the objective of achieving a diverse mix of land uses

b

redevelopment of

c 33 By adding a

uses

and intensification with a wide

within the Town

or

other uses that are complementary commercial functions new Section

7 4 10

7 Drive-through facilities 4 10

Village

as

array

Village Centre and to the intended

follows

are not

desirable in Town arid

Drive-through facilities will be areas and appropriately regulated other areas to minimize impacts on roads and the pedestrian environment to ensure compatibility with Centres

prohibited in certain

in

uses and to

achieve the built-form objectives of this Plan and the Secondary Plans The following

adjacent

policies

shall

apply to the development ofdrive-through

facilities where they

S

are

permitted

on a lot a -any drive-through facility must be located to all activities sized accommodate sufficiently associated with the

drive-through facility

b all-buildings containing drive-through facilities shall be oriented to the primary street fro ritage No portion of the stacking lane and no parking spaces drive aisle shall be located within the setback

or

area -

c drive-through facilities shall be sufficiently separated from residential

uses

to avoid issues of land

use

compatibility d adrive-through-facility-will-have-sufficient dedicated stacking lane to prevent vehicles from interfering with and off-site vehicular on-site

circulation

and

e any additional policies as may be contained in Secondary Plans 34

3 as Section 10 4 8 and 4 By renumbering Sectiom 10

a by deleting b

by deleting replacing it

Central Area in the first Centre

the words Main

sentence and

replacing

them with the words Town

the second sentence with the

iri

its

entirety and by

following new sentence

land use policies for the Courtice provided for in a Secondary Plan

Detailed be

35 In

Centre

Town

Section 10 5 by deleting the-words Sub-Central Areas

title and

replacing them

with the words

Courtice West

will

in the

Shopping

District 36

1 in its entirety 5 By deleting Section 10 the following revised section 1 The Courtice 5 10

West Shopping

and

by replacing

District

erves

it with

the

the provision of uses through which complement the Courtice Town Centre including retail service office residential cultural community and recreational uses urban

surrounding

areas

37

2 and 10 5 3 5 By deleting Sections 10

38

2 5 10 and 10 3 5 By adding new Sections 2 In 5 10

conjunction

with the

adjacent

as

follows

lands in the

City of

Oshawa the- Courtice West Shopping District shall be

developed

and function

serving portions

of the

primarily as

Oshawa

a

shopping district

and Courtice

urban

areas

3 5 10

Specific development policies provided

for in the

Secondary comply with

uses shall

be

Courtice West Shopping District

Plan Alt the

and land

proposed development shall 6 c to k 4 provisions of Section 10

39

In Section 6 10 by deleting the words Local Central Areas in the title and replacing them with the words Neighbourhood

Centres 40

By deleting

Section 10 1 in its 6

the following

new

entirety

and

by replacing

it with

section

Neighbourhood Centres

1 6 10

are to serve as focalpoinis for residential communities and provide for day to

day They shall be planned and developed in a comprehensive manner The maximum amount of gross leasable floorspace in any retail and service

one

needs

Neighbourhood

Centre shall be

000 square 5

41 In Section

62 10

-

metres --

a by deleting from

the words Local Central use develop areas containing commercial residential replacing them with the wotds

Areas shall

the first as

sentence

mixed

Neighbourhood Centres are intended to be developed with adjacent areas as transit nodes containing higher density residential

uses

b by deleting the 42

In

and wherever

possible

and

second sentence

Section 10 3 6

a by deleting first the sentence and replacing

it with the

following An

in

a

appropriate range of retail and service uses will be identified the Zoning By-law in accordance with the following will

uses

adjacent b

be

appropriate

to be located in

c drive-through restaurant

uses will not

d mixed-use development will b by deleting Table 10-1 the

to

will be limited in scale

uses

43 By deleting

proximity

residential areas

in its

be

be

permitted

and

encouraged

entirety

Section 10 4 in its entirety and 6 new Section 10 4 6

following

by replacing it

with

4 In the review of 6 10

development applications the following development and urban design criteria will be implemented site

a a floor space index for retail uses on 30 exceeding 0 b

a

any

ite not

maximum combined floor space index of 0 50

where there

are

uses

10

second

storey office

or

residential

with the

c

exception

of

grocery a storelsupermarket

a

square metres of

maximum of 500

gross leasable

floor area for any individual store

d street-related building forms are preferPed but as a minimum direct pedestrian access will be provided the street to some stores withiri 4 m of the

from

streetline 10 b to i and6 e compliance with Section 4

f provision of

a

public square

in

accordance

with

6 5and 10 6 10 Sections

44

In Section

-a -

5 6 10

the first by deleting the words Local Central Areas in sentence and replacing them with the words Neighbourhood Centres

b by deleting

the words for the

in the first

community

sentence and

c

by deleting the words For public square requirement

those Local

Central Areas with

a

on Table 10-1 a publicly be shall constructed either as a public accessible square parkette or as part of a commercial development from the second sentence and replacing them with the words Public

high quality urban environment with such amenities as appropriate paving landscaped areas benches refuse container bicycle stands lighting public art and other elements that enhance

squares vJill

be

the social and

45 By

deleting

designed

physical

as a

environment

entirety and replacing

Section 10 6 in its

it

with

the

following 6 10

Public squares shall be constructed either as

of a commercial

parkette or as part right of the public the

to

access

public development with a

the square secured by are required at the

Public squares

appropriate means following Neighbourhood

Centres

BloodPrestonvale

Liberty Longworth Regional Road 57lConcession Road ConcessionlMearns

3

Post of Newcastle

Any

new

Centres Neighbourhood

amendment to this 46

7 By deleting Section 10 following

in its

19

identified

by

Plan

entirety

and

replacing it with the

T 10

Port of Newcastle Harbourfront Centre

1 The Port of Newcastle Harbouriront Centre is identified 7 10 on Map A4 The Harbourfront Centre shall be planned and developed as a community focal point and part of the tourism node at the Port of Newcastle The Harbourfront Centre will be a high quality urban environment that builds on the existing natural setting marina and park

development and

views of the

waterfront

Qf l 2 0 n C drgnt larhou ths r y a uses OLithin ietytraye permitted which are compatible with the marina and District Park including multiple- residential retail and services of

uses professional offices

entertainment

community

and

facilities

a

I sma

recreational

Retail

uses

will be

neighbourhood appropriately designed

and scaled to meet The hotel hall be

or

hotel places

cultural and

appropriate

for

tourism needs and

scaled for

small town harbourfront location The- maximum number of multiple residential units in the Harbourfront Centre is 250 a

3The Harbourfront Centre 7 10

shall

be

developed

to the

highest design standard In the review of development applications the following urban design and site development criteria shall be implemented a buildings

should

style

architectural

be

harmonious in form and have a consistent setback from the

street and

b c

d

valley and shall be oriented to provide views of the waterfront and the marina buildings will have a maximum height of five storeys on the front and or street facades the maximum floor space index for any site shall not

exceed 7 0 5 a safe well-defined pedestrian walkway system will link to the Waterfront Trail the marina area and the District Park with attractive to enhance the

landscaping

pedestrian experience

and

signage

e

a consistent design and use of materials will be used for all signage benches and light fixtures

f

convenient

parking

landscaping

areas

shall

be

throughout by

screened

g loading

spaces shall be strategically located to minimize the visual and noise disturbances and all refuse containers shall be fully enclosed and

h outdoor amenity areas associated with residential development shall be designed with quality landscaping safe pedestrian walkways appropriate

12

lightirig

and other elements

square component of the

shall

be

overall

development

character of any residential

4A public 7 10

to enhance the

designed

as

iritegral

an

Harbourfront Centre It shall serve as a neighbourhood gathering place and a centre ofi attraction for tourists The public square shall be designed and developed in accordance with the

following it

shall

with

public square- provisions of -Seetiorts-106 6 10 and it in shall be located association with commercial and b -hotel uses

a

comply

c itshall

--

d 47

48

be

physically

defined

by building facades and shall provide opportunities fo views vistas and pedestrian lirikages to the surroundings area it

By deleting Section

8 in its 10

entirety

By renumbering the

Section 10 9 as Section 10 8 by renumbering 8 accordingly and Sub-sections of renumbered 10 by

deleting the words Highvvay Commercial Areas from the title to Section 10 8 in the Section and replacing them with the words Highway Commercial Districts 49

By deleting the text of the renumbered replacing it with the following

Highway

Section 10 1 and 8 -

--

---------

Commercial Districts are to serve the on an occasional basis

needs of residents

specialized

Highway

Commercial Districts generally require large parcels of land to accommodate certain types of large format retailers which require exposure to traffic and may require outdoor storage and display Permitted uses may include motor

establishments home improvement centres large format home furnishing stores and other similar large format retailers garden centres and nurseries restaurants motels hotels and service stations but do not include motor vehicle body shops department

vehicle sales and service

stores food stores banks clubs 50 In the renumbered Section

and warehouse

2 8 10

a by deleting the word Areas in the first replacing it with the word Districts b

in clause

c Bullet

c

in clause

c

d

merchandise

sentence and

l

by adding

a

semi-colon at the end

Bullet 2

by adding

a

semi-colon

in clause c Bullet 3 and at the end

by adding

a

semi-colon and theword

at the

end

e f 51

c

in clause

d by deleting

replacing

it with

bydeleting

the word and at the end of and period and

a

clause

e

In the renumbered Section 10 3 8

-

a by deleting the word Areas from the first sentence and replacing it with the words and figures Districts in Section 2 8 10 b 6y deleting clauses d f and g as

and

dand clause

renumbering

clause

e

c

53

c by adding a new clause e as follows e compliance with the provisions of 4 10 c to i 6 Iri renumbered Section 10 4 bydeleting the word Areas 8 the first sentence and replacing it with the word Districts By deleting renumbered Section 10 5 in its entirety 8

54 By renumbering Section second sentence and

Service

stations

10 as

from

Section

by replacing it

9 by deleting the 10 with the following

establishments which primarily sell associated automotive products A service station may include accessory uses such as the repair of

gasoline

vehicles

are

and

a

carwash restaurarits

and

a

store 55 In

small convenience

renumbered Section 10 2 9

a by adding the word

that after the word

b bydeleting aa

Sub-section a and replacing maximum of one 1 service station

at

provided it with the may be

following

permitted

ahy intersection with the exception that in a Highway Commercial District or Employmerit Area a maximum of two 2 service stations may be permitted opposite each other

c

e

any

intersecfiori

new

Sub-section

b

it is not

b

as

adjacent

follows

to

or

opposite schools

or

public

facilities

in

Sub-section c by deleting the words locations shall and replacing them with the words it does

bydeleting

Sub-section

following e primary

access

e

and

replacing

is taken from

road and

f

diagonally

bydeleting Sub-section b and replacing it with the following recreation

d

at

byadding

a

newSub-section fl

14

as

an

it with the

orcollector arterial

follows

it has

f

no

undue

residential 56

adverse-effect on adjacent

uses

By deleting the renumbered Section 10 3 and replacing 9 the following 3 9 10

Notwithstanding Section 10 92 a service not be

permitted

Village Centres

at

By renumbering Section

prominent intersections in Town or locations which Councifdeems

4 9 10

significance

as

5 9 10

Service stations

will be

forgateways to

and by adding

S ection 10 4 as follows 9 4 9 10

stations will

other

or

to have importarit visual communities 57

it with

designed

with

the

considerations

a new

following

a high quality architectural design landscape treatment corner

and

fencing treatment

with

particular

attention to

b lots should be sufficiently large to accommodate the proposed uses and provide appropriate buffers to adjacent uses c

points to each site shall be limited in and shall not impede traffic flows Internal access to adjacent commercial shall be properties access

number

provided

wherever

possible

d convenience retail uses shall be sensitively designed to the context have high quality finishes facing the street generally have less than 250 metres of floor area the street corner and in urban areas

square

generally be sited

pedestrian

access

from the

on

provide direct

sidewalk

e ancillary drive-through facilities-are prohibited in Town and Village Centres and in all other areas will be

sufficiently separated from

residential uses

f garbage will be accommodated internally or within a separate and fully enclosed structure with architecture that matches the principle building g fencing landscaping and architectural treatments and other appropriate measures will be used to

mitigate

any noise

study

h signage i

shall be

impapts identified by

minimized

a

noise

and

lighting and glare will be minimized in accordance with municipal policy and appropriate road authority requirements

15

58 In Section 11 2 by deleting the last sentence that reads Large 5 scale retail warehouses may be permitted amendment to this

Plan subject

59

by

to the

provisions

of Section 10 5 9

In Section 12 1 by adding the words service stations after 4 the words arts and craft shops in the third sentence and by adding the following new sentence at the end of the Section

Service stations

Sectiori 60 In Section

shall also be

subject to

the

policies of

9 of this Plan 10

5 by adding 2 16

the

following

after the first sentence

The manna area is to be fully integrated-with the designated Harbourfront Centre and shall be developed in accordance with

the

following

a an integrated system connect the District

b

Park

the marina

of

publicly accessible walkways

will

Harbourfront Centre with the marina area the

and the Waterfront Trail

development

Distript Perk vrith

will

be

fully integrated

with

complementary recreation facilities

the and

amenity areas joint access arrangements and shared parking facilities marina clubhouse will have complementary architectural the c style and form and shall incorporate common streetscape elements and landscape themes with the Harbourfront Centre

development

and

d off-season boat storage

adjacent 61

In Section

shall be

only

to the marina

1 by replacing 7 16

the word

tricts Di

permittedimmediately

Areas with the words

62

In Section 16 2 by replacing the words Main and Sub8 Central Areas with the words Towri and Village Centres

63

In Section 16 0 by deleting the entire section and 1 with the following notation

10 Special Policy Area 16

H deleted

replacing

R

by Amendment 43

Sections 17 1 and 17 2 2 by deleting the words Main -from these Sections and by replacing them with the Area words Town Centre

64 In

Central

65

66

In

Section 18 4 by replacing the words Main Central Areas 5 with the words Town and Village Centres Ln Table 19-1 by replacing the words Central Town and Village Centres words

Areas with

the

67 In Section 19 4 5

a by deleting the words Main

and Sub-Central Areas and the Orono Local Central Area shall reflect from the third

16

sentence and by replacing them with Village Centres

the

words Town and

b by deleting the words reflect the in the third sentehce and by replacing them with the words be consistent with

deleting

the words East Main Central Area in th4last sentence and by replacing them with the words Town

c

by

Centre e by deleting the words Main Central Area after the words Village in the last sentence and by replacing Newcastle them

with

the word Centre and

by deleting the words Local Central Area in the last sentence and replacing them with the words Village

f

Centre 68

By adding

a new

5 as follows Section 19

5The 19

Municipality will urideltake a streetscape improvement program with particular attention tb

Town

Village Centres the Regional Transit Spine on Highway 2 and gateway locations to each urban and

community In

Section 19 5by

with the

new

amendirig

the

references

for Town and

designations

to correspond Village Centres such

that Table 99-2 reads as follows

TABLE 79-2 EXCEPTIONS TO ARTERIAL ROAD STANDARDS IN TOW N AND VILLAGE CENTRES AND HAMLETS

Town or Village Centro Hamlet

Road

or

From

To

Rightof-way Width

Bowmanville East Town Centre

King Street

Newcas6e Village Centre

Kinp Street

South limit a

North limit of Town Centre

30 m

Bovnnanvi4e Creek

Meatus Avenue

26m 20

West Limit of Villa a Centre

MiA Street

26m 20

Mill Street

East limit d Villa a Centre lknitof Norlh Villa eCentre

2630 m

North Gmfl of Villa a Centre

20-26 m

East limit of the Hamlet

36 m

North limit of llro

36 m

-

-

Town

King Street Street

-

Mip

Centre

South limit of eCenfre Station Street

Villa

Orono Village Centre

Mill Street

Enfield

Reg Rd 20

Reg

Rd 34

WestlimilW Oro Hamlet South limit of the Hamlet

-

Trolls Road

-

CourOCe Town Centre

26 m 20

Hamlet

-

Enniskillen

Reg

Brownsvi0e

Hwy 2

Newlonville

Hwy

Rd 3

2

-

Reg Rd

17

1B

West

limit of the Hamlet Wesl I unit of the

East linlil oT the Hamlet

30 m 26

Easl Iknit of tlro Hamlet

30 m

Hamlet Wesl limit of the Hamlet

East limit of the Hamlet

South limit of the

North Ilm6 of tiro

Hamlet

Hamlet

-

69

26 m 26 m

70

By adding 36 19

nevi Section 19 3 6

a

Notwithstanding

as

follows

the

above provisions on the future Brookhill Boulevard private individual accesses to detached and semi-detached dwellings aril street townhouses will not be permitted

71 In Section 8 19 by replacing the words Main Central Area 1 the words West Town Centre 72 In

Section

3 by replacing the 2 21

the words Town and

As

part

Central

Areas with

Village Centres

73 Deleting Section 23 2 and 8

2 - -a 2

words Main

with

replacing

it

with

the

following

of a submission for

Municipality requires

site plan approval the the proponerii to demonstrate how the organization of the site and

that

the

proposed design and buildings a implements the urban design policies of the Official Plan and any relevant Secondary Plans in Town and Village Centres and in Residential b Neighbourhoods contributes to compact urban and pedestrian-oriented form and function that enhances pedestrian and transit accessibility traffic impacts c safely addresses vehicular d implements sustainable development objectives including protection of the natural heritage system energy efficiency minimizing light pollution-and water consumption stormwater management controls tree planting and other enhancements to the natural e f

environment protects enhances

restores the

s built Municipality heritage integrates with surrounding ultimate land uses and addresses impacts due to noise traffic overshadowing or

and wind effects

g provides landscaped consistent and

areas and

urban amenities planned land uses

with the context of the

the Municipality slandscaping design

and

amenity

h

requirements makes appropriate provision

i

services- including the construction of infrastructure service the site and implements any other relevant policies of this Plan

18

for

sequential staging of to

74 In Section 24 by adding

a

definition

for LEER Rating System

as

follows

LEED-Rating System -refers

to the

Leadership in Energy and

Environmental Design Green Building Rating System established

by the Canada

Green

Building

Council

as

amended from time to

time

75

Iri Section 24 by deleting the definition for Retail Uses and replacing it with the following definition Retail

Uses

lJses -

where

are sold such as home furnishings

goods or merchandise

food apparel hardware -general-merchandise -specialty retail beer liquor and wine automotive products and home improvement products including department stores and nermarkets 76

24 by

In Section

deleting the

definition for Retail Warehouse in its

entirety 77

24 by deleting the definition for Personal Service Uses replacing it with the following definition

In Section and

restaurants hair salons dry cleaners stores tailors laundromats repair travel agencies photographers veterinary clinics fitness and health clubs medical and dental offices legal and real estate offices financial and insurance offices bank kiosks appliance Service Uses -Uses such as

video rental

shoe

repair shops

and

personnel agencies

the words

78

By adding 3a 4 23

79

By amending Map

including roads to the end of Sub-section

A2 -Land

Use Courtice as

shown

on

Exhibit

A 80

By amerding Map A3

Larid -

Use

Bowmanville

as shown on

Exhibits B and Bi

81

By amending Map

A4 -Land Use Newcastle

Village as shown

on

Exhibit C

82

By amending Map A5 -Land Use Orono

83

By amending Map

as shown on

-Transportation Bowmanville

B3

Exhibit D

as

shown on

Exhibit E 84

By amending Map Ei as

85

shown on Exhibit F

By amending Map E2 Bowmanville

86

Neighbourhood Planning Units Courtice -

as

-

shown

Planning Units Neighbourhood

on

Exhibit

G

Neighbourhood Planning Units Newcastle By amending Map E3 Village as shown on Exhibit H -

19

Bowmanville East Main Central Area The

Secondary Plan

Bowmanville East Main Central Area

follows 1

2

Secondary Plan

is

hereby amended

as

By renaming the Secondary Plan as the Bowmanville East Town Centre

Secondary

Plan

By deleting

all references to East Main Central

and replacing them Area

nCentre E s rvof thQ and astTov by deleting all references to West Main Central Area and replacirig them with the words West Town with

Centre 3

2 By amend Section 3 them with the word

by delete

words provide for and replacing delete the word establishments and encourage it with the words and service businesses and to delete the replace words in merchandise cafegories such that it reads as follows to

2 To encourage the vitality of 3 a regional market

4

By deleting 42

Section 4 2

and

retail

replacing

metres of retail

b East Business District

000 45

By inserting

a new

Future

Section

commercial

By adding

as

metres

Section 4 6

determine the intensification additional residential and emerging Provincial

Centre for consistent with

Town

development

and the

a new

the East

square

follows

studies will be undertaken to

potential within policy

5 as 4

5 4

historic character of the

community

Section 4 7 as follows

For the purpose of Section 10 9 3 of the Official Plan and in of land use and urban design objectives of this the intersections of King Street with Libeiy Street

consideration -

serve

following

000 square metres 35

6

7 4

it with the

a Downtown

By renumbering the existing Section

7

service businesses which

000 square approximately 80 as follows floorspace generally

5

5 4

and

This Plan provides for and service

-

the

Plan

Simpson

Avenue and Ivlearns Avenue are prominent intersections which Council deems to have important visual significance 8

9

In Section 5 2

by deleting the word personal before the word service In Section 5 3 by deleting the word personal before the word service and by adding the words and the portion of the East Business Dis4-ict west of Liberty Street such that Section 5 3 reads as follows 3 5

Nohnrithstandingthc above no drive-through retail or service establishments are permitted in the Street Related Commercial

20

Area

in the

Downtown and

the

portiori the of

East Business

District west of Liberty Street 10

By de-eting the title ofSectiori 6and replacing itwith the

title

General Commercial

Area 11

62 by deleting the word

the word senrice 12

Section

By

c 13 deleting the word and at the end ofSub-section 7 3

By

renumbering Sub-section 7

By

adding a d 3

--

additions

new

personal

before

In

d 3

to

d Sub-section 73

should en

Sub-section

as

73 e

follows

14

7

han ofthe streetscape character pedestrian the

and 15 By

deleting fhe title - 16

By

renumbering Section

By

adding a

new

of Section

replacing 9and

itwith

the title Parks and

Squares

93 as Section 9 4 17

Section

as follows 9 9 3

will endeavour fo enhance the social and physical environment of the Downtown by creating a target functional civic square in proximity to the Municipal Administrative

The 3

Municipality

Centre 18 In

Section 10 5 by adding

words

and private corporations after

of government

19

Sub-section 12 3 b by

adding the words

senior In

the

levels

architectural and

the words

after the words

historic 20 By

Downtown by deleting the words East Main Central Area from the title block and replacing them with the words East Town Centre 21

By

amending Map B

amending Map A -Land Use

-Land

Use East

Business

District as shown

onExhibit

IThe

Courtice Sub-Central

Courtice Sub-Central By

Area

Plan The

Area Secondary Plan is hereby amended as follows 1

deleting the title West Shopping

By

Secondary

itwith the following District Secondary Plan 2

of the Plan and replacing

deleting all references to the

Courtice

new

title Courtice

Sub-Central Area sand replacing them

with the words Courtice West Shopping

District 3

In

deleting the words and figures permits amaximum of 28 square metres and replacing them with the words provides for approximately 000 square metres 4 30 000

By

adding a new

Section 4 2 by

Section

as 45

follows

5 4

For the purpose of Section 10 9 3 of the Official Plan and in consideration of land use and urban design objectives of this

Plan

the intersection of King Street with Varcoe Darlington Road Boulevard is a prominent intersection which Council deems to have important visual significance 5

In Section

by deleting the words Primary Commercial 5

replacing them

with the words

Area and

General Commercial Area

6

In Section 2 5 by adding a fifth bullet and the words drive-through development in accordance with the policies contained in Section 10 7 4 of the Official Plan

7

In Section

2 by adding 6

development

in

a fifth bullet and the words -through drive accordance with the policies contained in Section 10 7 4

of the official Plan 8

in Section

1 8

a by deleting the words and figures Section 10 2 of the Official Plan 3 and replacing them with the words Section 10 5 of the Official Plan 4 b by

deleting

and

the words and figures Section 10 7 of the Official Plan 3 replacing them with the words Section 10 6 of the 4

Official Plan

and

c by deleting with 9

the

the words Primary Commercial Area words General Commercial Area

By amending Map A

as

shown

and

replacing them

on Exhibit J

Th a Newcastle Main Central Area Secondary Plan The Newcastle Main Central Area

follows 1

By deleting

Secondary

the title of the Ptan and

Village Centre Secondary Plan

Plan is

hereby

replacing it with the

2

By deleting

ail references to words Village Centre the

Main Central Area and

3

By deleting

King Street

words

and

title Newcastle

replacing

them with

replacing them with the

Avenue

Section 1 by deleting the

4

words in the eastern portion them with the words to the-east of the historic downtown

5

In Section

6

In

King

all references to

amended as

and replacing

2 by deleting the words permits a maximum of 15 4 000 square metres of retail and personal service floor space by 2016 and the words and figures provides for replacing them with approximately 000 square metres of retail and service floorspace 15 Ih Section

3 by deleting the word 4

of Newcastle and

replacing

Neighbourhood

it with the words

22

after the words Port

Harbourfront Centre

7

By adding

In

as

follows

Section 5 2 3 1 by deleting the number 10

number 9

new Section 4 6

For the purpose of Section 10 9 3 of the Official Ptan and in consideration of land use and urban design objectives of this Plan the intersections of tang Avenue with North Street Mill Street and Arthur Street are prominent intersections which Council deems to have important visual significance

6 4

8

a

and

replacing

with the

it

5 4 10

By deleting the

title

of Section 6 and

replacing

it

with

the title

General

Commercial Area 10

In Section

a in

2 6

the first

of

bullet by deleting the cPs replacing them with and

words the

retail personal services

and

words retail and service uses

b by changing the second bullet and text to be the third and by adding a new second bullet as follows -

bullet

and text

professional offices and c

in the

changed third bullet by adding after service stations the 9 of the Official following words subject to the provisions of Section 10 Plan

t1

In Section

3 6

a by deleting the

words

Strip Commercial

Area and

replacing

them with

General Commercial Area

b by deleting the words conform with

the site development criteria of them with the words conform to the site replacing of Section 6 4 10 criteria

Section 117 3 and 8

development 12

In Section

2 7

a by deleting the

replacing

second

bullet retail service and office uses and small-scale retail and personal

it with the bullet worded

service uses

b by deleting the third bullet retail service and office uses replacing it with the bullet worded professional offices 13

By adding 3 7

14

Section 7 3

Notwithstanding

as

follows

the

above nodrive-through facility shall be permitted in the Mixed Use Area

By adding 4 7

a new

and

a new

Section 7 4

as

follows

Redevelopment within the Mixed Use Area will generally comprise the conversion of existing residential structures subject to the following criteria

a

the

existing

residential

additions at the

facade

of

a

rear or side of the

23

house will be maintained with any

dwelling

b all

effort will be made

dwellings

to restore and preserve the historic character of identified as heritage buildings on Map A

c all development and redevelopment will maintain the es ablished building setback and reinforce the- pedestrian character of the street by providing streetscape enhancements and pedestrian amenities

d parking

will

be

located

front

at the side or the reap of the In no case shall

property behind the parking 6e permitted in

fagade of the building the front of the building

e consolidation

of

land parcels will be encouraged and smaller

-gj-all-development-wilt-comply-with-Section 1t j-to-ij-of-tfie-Official 4-6 Plan

15

In

Section 3 11 by deleting

16

words Section 10 2 3

the

of the Official Plan of Section 3J 10 of the Official Plan and replacing them with the words Section 10 5 of the Official Plan the site 4 criteria of 6 4 10 of development Section the Official Plan

-the sitedevelopment

In Section

4 12

criteria

1 by deleting 12

the Section and

replacing

it

with

the

following

Council shall ensure the continued

operatioris

on

consider the

safe and efficient traffic King Avenue and subject to budgetary approval may

following measures a improving road geometry rationalizing lane arrangements

centre medians where appropriate and other installing raised design modifications

b

widening sidewalks and incorporating streetscape

enhancements to improve the pedestrian environment c

reviewing regulations for on-street parking

d

adding additional traffic signals

e

encouraging investigating

the

access road

under the

private 17

designation

as

of King Avenue

Municipal Act 2001

as

a

controlled

and the

closing

of

follows

The

Municipality may require a traffic impact study for any proposal for development or redevelopment to ensure that it does not negatively impact operation safety and capacity of the road network

18

devices

private accesses

accesses

By adding a new Section 12 4 4 12

traffic control

the relocation of undesirable

and

f

or

By amending Map A Land Use

as

24

shown on Exhibit K

25

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43

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4

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EXHIBIT C To Official Plan Amendment No 43

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-

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PUBLIC

ELEMENTARY SCHOOL SPECIAL STUDY

AREA 3

M6AP A5 LAND USE NO URBAPI AREA OR OFFICIAL PLAN MUNICIPALITY OF CLARINGTON FEBRUARY 6 2008

EXHIBIT

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EXHIBIT F To fficial Plan

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43

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EXHIBIT G To fficial Plan Amendment No 43

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NEIGHBOURHOOD SECONDARY PLAN FEBRUARY 6 2006

44 AMENDMENT N0 TO THE

CLARINGTON OFFICIAL PLAN

March 1 2006 PURPOSE

To

implement the

recommendations

of the

Commercial Policy Review Area Secondary Plan Review

and

the Bowmanville West Main Central the renaming of this Main Central Area to the Bowmanville West

including

boundaries of the West Town Centre lands for commercial development designating additional

Town Centre expanding

the

and

applies to lands in-Part of Lots 14 to 17 Concessions and 2 former Town of Bowmanville and former Township of Darlington bounded generallyon the south by the St Lawrence and Hudson CP the Bowmanville railway and to the north by the Brookhill tributary to Creek-and a future road to be known as Brookhill Boulevard

LOCATION

This amendment

BASIS

This Amendment is based

4

Caarington Commercial Policy Review Final Report- Recommended Policy Changes dated May 30 2005 and the Bowmanville Wesi Main Central Area Secondary Plan Review dated May 30 2005 prepared by Meridian Planning Consultants Inc the urban design and transportation and supporting analysis by retail market engineering sub-consultants and further review by municipal-staff on

the

ACTUAL AMENDMENT

The Bowmanville amended

1

as

West Main

Central

Secondary

Plan is

hereby

follows

By renaming the Bowmanville the

Area

Bowmanville

West Main Central

West Town Centre

Area Secondary

Plan as

Secondary Plan Area

2

By deleting all references to the Bowmanville West Main Central and replacing them with references to the Bowmanville West Town Centre and by deleting all references to the Bowmanville East Main Central Area and replacing them with references to the Bowmanville East Town Centre

3

In

Section 1

with the figure 74 a by deleting the figure 55 and replacing lt 57 and Green b by deleting the words Martin Road Regional Road Road and replacing them with the words the CP Rail overpass and the east limit of the Urban Boundary 4

4 as follows Add a new goal 2

4 2

comprehensively market land use urban design and transportation objectives in the consideration of any application for To consider the

development of land

in the Bowmanville West Town Centre

5

In Section 3 7 by 1

deleting

the words

beyond

the initial

allocation in

order 6

1 and 3 2 as Sections 3 and 3 By Sections 3 ing renumbe 4 new and 1 3 and 2 3 Sections as follows respectively adding 1 To 3

promote and enhance the function of King StreetJHighway 2 the Main Street of the Bowmanville West Town Centre

2 To 3

provide

connected

a

enhance movement and

improve emergency 7

grid of public and private streets to access options reduce congestion

and

access

1 and 4 By deleting Sections 3

2 and 4 3

replacing

1 Distinct 4 3 Sense of Place to create

an urban

new

as

them with the

following

sections

architectural treatments and site

2 4 3

quality interest at a pedestrian scale Connective Street Network to provide

character through high planning that provides visual

efficient grid street network as the basic organizational structure for the area The grid street network should define an urban block pattern provide maximum pedestrian bicycle and vehicular connectivity and route choices and facilitate access to existing and proposed transit -

an

4 3

Urban Street

to ensure development provides

physical public spaces through appropriate placement and design of buildings parking-areas and landscaping padicularly along King Street Highway 2 Clarington Boulevard and Green Road -

to streets and

Plan for Infill

to

ensure that development

initially permitted in Secondary Plan is designed in such away so as to facilitate redevelopment a greater intensity in the longer term Block patterns for development should be designed to ultimately -

accordance with this

-

accommodate 64 3

Environmentally

-

designed 8

In Section

By deleting 2 4

-

mixed-use

a

the

design policies

Section 4 2 and

No

development

ensure that development is high degree of environmental sustainability

Sustainable

to achieve

1 by replacing 4

and the urban 9

denser

-

to

figure

9 with the words and of Section 13

replacing

it with

figures 11

the following

expansion to the limits of the Bowmanville West Town Centre and no redesignation of additional lands for General Commercial or

-

2

-

definifion

5 4 3

Edge

-

Pedestrian Access to ensure direct safe and efficient pedestrian accesssupported by sidewalks situated along all roads and drive aisles walkways located within parking areas and designated crosswalks

-

4 3

-

services

Street-Related

Commercial is permitted review of the Official Plan after 2011 10

By deleting

3 and Section 4

replacing

prior

it with the

to

a

comprehensive

following

new

Section

3 4 3 Retail Limits for the Bowmanville West Town Centre 4

a

In order to in

that retail and

ensure

fashion that sufficient

a

service developmentproceeds population exists to support the and Village Centres and to ensure

planned function of Town ongoing redevelopment potential within

the Bowmanville East

Bowmanville-West Town Centre riew retail development Town Centre will be linked to the growth of population in the Municipality of Clarington in the

b

The

development

and service floor space in the Town Cehtre will proceed in an incremental

of retail

Bowmanville West fashion Until such time as the 000 persons the maximum 91 space in the

Bowmanville

Clarington population permitted

West Town Centre is as follows

Floor Space

i

Retail

ii

Service

Floor

reaches

retail and service floor

Space

For the purpose of this section Retail floor space includes

000 square 73

metres

000 square 7

metres

department

stores and stores

merchandise e g apparel

type selling department home furnishings sporting goods and hardware supermarkets specialty food stores beer liquor or wine stores automotive products and home improvement store

stores

restaurants personal shops rental stores and financial institutions Floorspace not included in the above limits are medical or dental offices business and professional- offices government offices places of entertainment private clubs community facilities and gas stations Service floor space includes

service

allocation of total gross leasable floor space includes retail service anii all other commercial floor

c The following which

space is made

i

Clarington

square metres for the lands bounded by Boulevard Prince William Boulevard Green Road and

600 18

Highway 2

3

ii

8 0 00 square metres for the lands bounded by Clarington Boulevard Prince William Boulevard Pethick Street and

Highway 2 iii 4 000 square metres for the

Boulevard

north of

lands

east of Clarington

Highway 2

iv 18 000 square metres for the lands bourided

v

by Clarington

Boulevard the Highway 2

Stevens Road

extension Green

500 square 34

metres for the

lands

north of

Road and

Highway 2

between Green Road and Boswell Drive extension provided that no more than 30 500 square metres is permitted in the General Commercial Area and provided that the zoning by law shall contain restrictions to ensure that the fret full year of operation of the retail and service floor area in the General Commercial Area shall not be earlier than 2008

d Development of land will be released through site specific amendments to the Zoning By-law in accordance with the policies of this Plan The implementing zoning by-laws s may incorporate restrictions on the type amount and location of retail and service floorspace minimum and maximum store sizes and other similar requirements to define the role of the Bowmanville West Town Centre in relation to historic downtowns and to implement the urban design and energy conservation objectives of this Plan e The floorspace limits identified in Section 4 3 b may be amended through a comprehensive review of the commercial floorspace in the Municipality In addition to any other appropriate planning urban design and traffic studies the Municipality shall conduct an independent market analysis at the expense of the applicant for such

permission which addresses the

following

the impact of development that has

occurred

West

Town Centre

in

the

Bowmanville

since 2003 on the

Bowmanville East Town Centre including the historic downtown and other designated Town and Village Centres in Clarington changes in consumer expenditure pattems from the patterns documented

in

previous studies and

the

anticipated impact of any proposed development on the s and of viability existing retail service uses in Claririgton and the planned growth and function of Town and Village Centres 11

By deleting Sections 4

12

By renumbering Sub-section

and

4 2 5 2e 5

words Retail Commercial and

as

Section 4 and

replacing

Commercial and Street-Related Commercial

4

by deleting

them with the words

the

General

13

By deleting

the word

personal from

in between the-words

and and

service and 14

By deleting the words and numbers Section with the words and numbers Section 4 3

15

By adding 5 4

a new

Section 4 5

as

provision

of this

financial institutions are

service Bowmanville West Town Centre banks

16

By adding 6 4

a

riew

or

Section 4 6 as

For the purpose of

replacing them

follows

any other

Notwithstanding

4 and 2 5

Plan only

permitted

iwo full-

the in

follows

3 of the Official Plan and in 9 Section 10

consideration of land use and urban design objectives of thisPlan the intersections of King StreeUHighway 2 with Regional Road 57 Claringfon Boulevard and Green Road are prominent

intersections significance 17

18

which Council deems to have

In Section 5 by changing General Commercial

important visual

the Section title from Retail

Commercial

to

5 by deleting the words Retail Commercial and replacing 1 General Commercial by adding the words larger format after the words to concentrations of and by deleting the second sentence in its In Section

with

entirety 19

In Section

a

1 2 5

in Sub-section

a

i by deleting the words Retail and personal service uses including and replacing them with the words Certein retail and services uses such as ii by deleting

the words

provided

store a food retail warehouse

drug retail

that

clothing

warehouse shall not be

iii by adding a second sentence

i

as

a

general merchandise

retail warehouse and

permitted

a

and

follows

For the purpose of clarity retail and services large format home improvement centre

uses

do not include

a

b

by deleting Sub-section b and renumbering Sub-sections c and d as Sub-sections b and c respectively

c

in renumbered Sub-section

business or b by inserting the words

training schools words day care and

between the words cultural

d

in

facilities and the

renumbered Sub-section c by deleting the words provided that the parcel of land bounded by Highway 2 Clarington Boulevard

on

Prince William Boulevard and Green metres

may

be located on the

5

ground

Road up floor

to 929 square

e

By deleting the existing subsection e and replacing it with the

following 1 a and 6 2 1 a a large format 2 Notwiths 5 anding

improvement

store

square metres

is

having

a

permifted

maximum total

on the lands

home

floor

space of 9 175 designated General

and Street-Related Commercial located on the west Commercial side of Clarington Boulevard and the south side of Stevens Road extension subject to the following i

The home

improvement store

will

be

certified under the LEED

the store will stone pre-cast panels

be

finished with

Rating System -

ii

The exterior walls of

iii The enclosed

outdoor display area garden centre metres and

exceed

1630 square shall not exceed 930 square iv The enclosed outdoor

the seasonal

brick and

shall

garden

not centre

metres

storage

areashall not exceed 820

square

metres v

outdoor display area and the Any enclosed garden centre outdoor storage area located along the street-edge will contain a high quality finish comprising decorative fencing and pre cast panels similar to the main building

Vi No

outdoor storage and display

is permitted outside of the fence centre outdoor garden display area save-and except for an outdoor display area no greater than 80 square metres adjacent to front entrance of the building provided there is no display or storage of building materials dumpsters sheds or enclosed-

large equipment vii The

provisions

of

Section 13 2 shall

not

apply

The street viii

edge of Clarington Boulevard shall be defined with high quality landscape treatment including seating areas and the provision of a decorative fencing consistent with the architectural character of the building and

ix

20

1the primary building fagade shall 3 Notwithstanding 13 contain 20 transparent glazing and the rear building fagade on Stevens Road shall contain 10 transparent or opaque glazing

In Section

2 by 5

deleting

the word Retail and

replacing

it with the-

woad General 21

By deleting

Section 5 4 and 2

replacing

it

with

the

following

4 Council may corisidec limitations on the size of large format stores 2 5 with the objective of encouraging compact built form and energy efficient buildings

6

22

Section 5 2

In

a by deleting

the word Retail and

replacing it with the word

General and by deleting all references to Bowmanville Boulevard and replacing them with references to Prince William

3oulevard b by deleting Sub-section a and replacing

a Development will comply

with the

it with the

following

applicable Urban Design

Policies of Section 13 2 5

cg

and

h

and

renumbering Sub

-

c by deleting Sub-sections section

5 2 Section-5 das Sub 2 5 c

d by numbering the second paragraph of the newly numbered Sub section c beginning with the words In orderto facilitate as a new Sub-section d and by adding thereto the words and numbers and the

in Section 15 3 afferthe 2

contained policy

implementation of

this

23

By renumbering

the

24

By renumbering

Section 2 5 as 6

25

By adding

original

a new Section 6

words

policy Sub-section 5 2 f as a new

a

new

Section

8 4

Section 6 3 2

titled Street-Related Commercial

6

STREET-RELATED COMMERCIAL

1 6

PURPOSE

as

follows

designated Street-Related Commercial on Map A of this Secondary Plan are intended to provide specific areas dedicated to smaller scale -pedestrian-oriented retail and personal service uses Lands

in

particular uses that contribute to an cafes restaurants and smaller shops

active street life such as

2 POLICIES 6 1 2 6

The

permitted

a Retail

uses

shall be

service uses including specialty food stores stores convenience retail stores bideo retail stores liquor stores restaurants taverns barber shops beauty salons dry cleaners art studios travel agencies and financial institutions provided that and

retail

general

i any

one store has a

1000 square

ii

no

cultural

c

uses

floor area of

metres and

drive-through facility

b community and

maximum leasable

is

permitted

including social recreational and or training schools day care

facilities business nursery facilities

medical

offices business professional and or 7

administrative offices

provided they are located second or upper levels above ground floor and

d

residential dwelling units provided they second

2 6

or upper

levels above the

are

ground

on the

located

on

the

floor

following policies shalt apply to the development of lands designated Street-Related Commercial in the Bowmanville The

West Town Centre

a Highway 2 and Clarington Boulevard shall provide a focus for development in the Bowmanville commercial West Town Centre The implementing Zoning By-law and the Urban Design policies provide direction regarding the relationship of buildings to the street landscape treatment and parking areas as required to achieve a high quality pedestrian retail environment 1 a i Council may consider 2 b Notwithstanding Section 6 additional store size limits on a site specific basis to distinguish the role of street-related retail development between in the Bowmanville West Town Centre and to mitigate the impact on historic downtowns and the

Bowmanville

c Buildings

grade

East Town Centre

designed to be located generally at adjacent sidewalk on the public or private

shall be

with

the

street

d Access to parking and loading facilities shall be established which will minimize disruptiori to the pedestrian use of the streets Adequate welt-designed off-street parking loading and service areas shall be required on the site of each commercial development e Development will comply with the applicable Design Policies of Section 13 26

By renumbering Sections 6 7 8 11 respectively

27

By deleting the word personal in the first and last renumbered Sub-section 7 1d 2

28

By deleting renumbered

29

By deleting the word personal in Section 7 2

8

9 and 10

Urban

to Sections 7 8 9

Sub-sections 7 1 2

f

and

10

and

sentences of

g

the last sentence of renumbered

30

In renumbered Section

1 8

paragraph the A before the word High sentence and replacing it with the words The Mid

in the second

a by deleting

from the first

Rise and

b by deleting the words as well as the parcel abufting King Street from the first sentence of the second paragraph and replacing them with the words whereas a Low Rise High Densty designation is

provided for orrlands

north of

the

General Commercial

west of

Green Road 31

In renumbered

replacing 32

1 2 Section 8

it with the

c by deleting

the word uses and

word facilities 1 e and 2 8

By deleting renumbered Section

it with the

replacing

following e Limited retail and service floor of 33

uses

maybe

permitted on the ground

residential apartment buildings

By deleting following 2a 8

with the a and replacing it 2 8

renumbered Section

Development

on

lands

designated

Medium

minimum of 31 Lnits per net residential hectare Residential shall be

34

By inserting

a

a

Density and a maximum of 60

3 as follows and renumber accordirigly 2 new Section 8

3 Low Rise 2 8

High Density Residential

a Development

on lands

designated

Low Rise

Residential shall be a minimum of 50 and per net residential hectare

b Permitted dwelling types

shall include

and low rise

In

High Density maximum of 80 units

townhouses

apartment buildings

townhouses 6 storeys in height 35

a

not

stacked

exceeding

renumbered Section 8 4 2

a by adding the words Mid Rise before Residential in the title of the section

b by deleting them with

a

the

words High Density

4 a and 2 renumbered Sub-sections 8

b and replacing

the following

Development Residential

on lands

shall

be

a

designated Mid Rise High Density minimum of 50 and a maximum of 300

units per net residential hectare

b 36

In

six

Apartment buildings may

be up to twelve

12 stories

height renumbered Section 8 5 2

a by renumbering Section 9

5 2 8

as

5 2 Sub-section 8

f

in

b by adding

the

following a4

the

beginning of the

section

The

following policies shall apply to the development of lands designated for residential purposes in the Bowmanville West Town

Centre c by inserting minimum

the

letter and parenthesis a before the words A begin a new sub-section and

of 30 to

d by adding-new Sub-sections b c d and e as follows b Development will comply with the applicable urban design standards of Section 13 and the energy conservation policies of Section 14

Indoor and outdoor amenity areas shall be provided in accordance with the Municipality sArnenity Guidelines for

c

Medium and

d

High Density Residences

Appropriate separation through the creation of Rail

a

from the

railway corridor is necessary

30 metre setback

as

required by the

CP

guidelines

the inclusion within that setback of

a

10 metre

landscaped zone adjacent railway corridor to include landscape elements and the design and siting of buildings so as to minimize visual and noise impacts from the railway corridor Secured communal storage rooms and bicycle storage rooms should be provided in apartment buildings to the

e 37

In renumbered Section 10 2by adding the words of the before the words Bowmanville Creek

38

By

4 as 2 renumbering Section 10 Section 10 4 as follows 2

Brookhill

Tributary

Section 10 5 and by adding 2

a new

4 It is the 2 10

s policy to have a small publicly accessible Municipality an appropriate location on the north side square established at

of Highway

2 between

Clarington Boulevard

and Green Road

39 In renumbered Section 1 2 by GO and

by adding

adding the word Rail after the word the words and transit terminal after the-word

Station 40

By deleting the renumbered Section 11 3 2

41

By deleting original Section 11 titled Special Policy Area No entirety and renumbering the following Sections accordirigly

42

By deleting renumbered new

Section 13 in its

Section 13 as follows

10

entirety

and

1 in its

replacing

it with

a

Desigh Policies

13

Urban

1 13

Purpose

Achievement

of the

s Municipality

Bowmanville West Town to

ensure

Centre

urban

design vision for highest priority

is of the

this vision is achieved the Plan

provides

In order

for levels of

design policies in Section 3 4 of the Plan aspects of the broad statements of the intent and

Urban-Design Objectives found

a

are

key

design policies Detailed Site Design Policies for Commercial bevelopment 2 relate to a variety of site development issues iri Section 13 including parking buffering landscaping pedestrian access

b

service

areas

and

signage

for Commercial Development iri of building form and design elements Section 13 3 deal with Site and Building Design Policies for Residential

c

Building Design Policies

d

variety ofsite development and building form and design issues The Demonstration Plan in Schedule A is a plan for the Bowmanville WesfTown Centre demonstrating an application of the urban design policies Illustrated Urban or besign Policies in Schedule B provide explanations examples of the application of the urban design policies Development

e

Urbah

4 deal in Section 13

design principles detailed

design policies evaluation

rezoning

of

are

Detailed

1 2 13

Street

by

this

a

design criteria and building

Plan in order to assist

in the

development proposals through the integration of

and site

2 13

provided

site

with

Site

plan processes Design Policies foi Commercial Development

and Pedestrian

Network

open grid of public and private streets and major private lanes will form the basic organizational structure for the area which should define an urban block pattern provide maximum

An

and route pedestrian bicycle and vehicular connectivity choices and facilitate access to existing and proposed transit

services The street network will form a key component of the public realm and should be characterized by high quality streetscaping and

landscape treatments

11

Where commercial uses front

sidewalks should continue Sidewalks

abutting King

Boulevard

should have

to

on a

the

Street

a

public or private streetline

building face

Highway 2

and

Clarington

minimurri width of 3 0 metres

Sidewalks will be provided on both sides of all public streets and a minimum of one side of all private streets

Sidewalks and walkways abutting the front facade

format stores shall have Sidewalks

and

a

of

larger

minimum width of 3 5 metres

should promote active and safe and stimulate visual interest All sidewalks fronting commercial uses shall include in-ground

walkways

pedestrian activity and

walkways

0 to 9 0 metres on centre pedestrian generally planted 6 scale lighting and street furnishings such as garbage receptacles and possible outdoor merchandise displays and trees

selling

areas

All sidewalks

fronting other non-commercial uses shall include 0 to 9 0 metres on centre in-ground generally planted 6 within the grassed landscape boulevard pedestrian scale lighting and street furnishings such as garbage receptacles trees

The

of special

paving treatment is encouraged at focal points including building entrances squares and through block use

connections

Clearly designated pedestrian crossings should be provided at public and private streets and major private laneways Pedestrian crossings should be marked with line painting or surface material variation and should be at least the intersection of all

0 metres wide 3 Private streets shall be located on allow for their future conversion to

a

suitable

right-of-way to

public streets Wherever possible private designed and constructed to municipal road standards similar to Local Commercial Streets streets shall be

shown in the Functional Engineering and Streefscape Implementation Plan Bowmanville West Main Central Area

as

5eptember 1995 extension of the

an

street

Private streets will appear and function public street network The

overall

lighting design

standard for

public streets in the-

Bowmanville West Town Centre will be used

12

on

as

municipal

private

streets

2 13

Building Orientation

and Site

Layout

Buildings vvill be organized to define and frame abutting public arid private streets as a first priority and to define and frame major private laneways internal drive aisles sidewalks parking and

amenity

spaces

as a

second

priority

-The large format super block will be broken into functionally and visually smaller units by major private laneways and internal drive aisles a network of connected walkways and

landscaping

-

Building setbacks shall be reduced to minimize distances between building entrances and abutting public street sidewalks to establish a consistent built form edge and to allow for

the development

the

setbacks as

significant streetscape contributing to amenity building from the property tine on public streets are generally

identity

of

a

of the area Maximum

and

follows

King

Highway Street

2

5 metres 3

Clarington Boulevard

0 2

metres

is a

priority At least 50 of the total street frontage shall be occupied by buildings on King Street Highway 2 and Clarington Boulevard Definition of the street

3 Surface 2 13

Parking

edge

Areas

Internal vehicular routes shall be clearly defined by raised and curbed landscape islands planted wfth trees and low level

vegetation

Internal

drive aisles

will be

a

0 metres in minimum 6

width

Parallel parking spaces may be provided on private roads at store fronts with appropriate bump-outs at periodic intervals where

high pedestrian activity is anticipated

Parking aisles should generally not exceed 30 contiguous spaces in length and should have a consistent design angle perpendicular to primary building entrances

The visual impact of surface parking areas shall be minimized by screen walls landscaping or lowering of the parking areas by 5 metres from the adjacent street up to 0

13

grade

Appropriate lighting levels and consistency of coverage will be provided in parking area to assist both pedestrian and vehicular circulatioh The height and interisity of light standards should be sensitive to adjacent land uses minimizing light spillover glare and impact on night skies Full cut-off fixtures are to be used Designated handicapped and mobility impaired- parking spaces located as close as possible to building entrances and be clearly identified by signs or markings should be

4 2 13

Landscaping

of Parking

Areas

Internal landscaping elements will define visually and functionally smaller parking courts and reducethe overall impact of surface parking areas and heat island effects Trees at the

perimeter

of

0 to 9 0 metres every 6

parking areas will on ceritre

be

planted generally

A

landscaped island should generally be located at each end of every parking aisle Where the parking aisle is greater than 20 spaces in length a landscaped island must be provided 5 metres Landscaped islands shall have a minimum width of 2 wide and include one tree per parking row A

landscaping island should be provided generally at the mid orapproximately every 15 parking point of the parking aisle and bays The landscaping island should have a minimum width of

5 metres 2 Where

and

include

possible

minimum of

a

internal

landscaping

existing vegetation and significant 5 2 13

one

tree

per parking

row

should

tree

incorporate planting

Landscape Buffers High quality landscaping treatments will be used to define site boundaries provide buffers between adjoining developments and screen storage and utility areas

Landscaped

areas of 3 0 metres wide

Landscaped

areas between

developments to

the

adjacent to the streetline will be a minimum adjacent to parking areas and service areas

property

will have line

14

a

commercial and residential

minimum

width of 3 0 metres

adjacent

To

ensure

opportunities

perimeter hedge metre in

for surveillance

and shrub

screening

from adjacent

should not

areas

0 exceed 1

height

Selection of

plant material should consider the following

Year-round appearance Seasonal variety

Hardiness and resistance

to disease

Maintenance

requirements

Tolerance of

plant

materials to

salt

and

Urban conditions

Pedestrian

walkways

should where

-

Pedestrian Access -

6 2 13

possible

be

contiguous to

opposite primary building entrances pedestrian movements

and

major private laneways

to enable safe and direct

internal pedestrian walkway network should visually and functionally define smaller parking courts An

Walkways should have a landscaping zone on one Walkways

pedestrian-scaled amenities wherever benches trash receptacles and lighting

as

signed and constructed of different to the drive aisle such as

crosswalks

materials that

interlocking 7 2 13

a

shall include

-such possible Drive aisle

minimum width of 1 5 metres with 0 metres in width side that is 2

are

brick

should be

paving

Pedestrian Entrances

buildings shall be emphasized through canopies awnings towers or similar taller non-habitable Main entrances to

building structures The volume and height of such structures should emphasize the prominence of entrances particularly at a corner location Each store commercial unit entrance facing the adjacent

private streets

Building

as a

second

entrances shalt be

or

building

public priority

will

generally provide

street as

identifiable

a

first

an

priority and

and accessible to the

disabled High quality streetscape and landscaping treatment is encouraged at ail building entrances

15

Windows

-

should be coordinated with the location of pedestrian walkways to provide interest and improve security along theseroutes

Pedestrian access from adjacent

walkways

provided by

neighbourhoods should be

where insuificieht

access

is available

from street sidewalks 8 2 13

Amenities Amenities

may

include

terraces parkettes or squares water features public art outdoor dining areas and transit shelters visitor amenities should building entrances

Customer and

proximity

to

Amenities

are

Commercial

particularly important in

be located in close

the Street-Related

Areas

Bicycle parking

facilities shall be

provided

to encourage

alternative modes of

transport particularly for employees and consumers with small purchases Larger stores are encouraged to provide indoor bicycle parking facilities for employees such as rooms and showers

storage

Amenity

areas shall be located within

spaces and 9 2 13

provide

landscaped pedestrian

seating

Service Areas Service

shall be screened from

public

and

private streets major pedestrian routes or residential areas It is preferable to locate service areas off service driveways and away from public areas

streets

Storage part

of goods

of the

Service

or

building

areas for

garbage shall generally be integrated as as separate stand-alone structure

and not

delivery loading and garbage pick-up should interruptions along the public parking areas

be coordinated to reduce vehicular street and within

Screening

shall use building materials and or treatments similar to those used for the

landscape

priricipal buildings

16

Where solid screens similar

are

compatible

to or

provided

the materials should be

with those of the

s exteriar building

finishes

10 Transit Facilities 2 13 to

provide Building entrances and bus stops should be arranged transit to the passengers convenient access buildings by public located

adjacent to or near a bus stop conveniently connect individual sites walkways will be provided to cross and and in order to provide pedestrians the most efficient route to On sites

from 2 1 13

transit

stops

Signage Pylon signs address access

for

the street

street signs should be

frontage

driveways Pylon

building design

associated

oriented to intersections and primary

private development should

should be sef within a

in

scale

be

compatible with

material and

colour

the

and

landscaped setting

front Building identification signs should be incorporated on the in facade and should be compatible with the building design

scale material

Externally the

lit

and colour

signs

public street

or

encouraged particularly those that parallel a pedestrian walkway

are

face

Building identification signs should be applied as large scale building elements including awnings and banner signs to coritribute to an artful and dynamic building presence that will be attractive and visible to passing pedestrians and motorists Directional

signs should

be

provided for pedestrian walkways

parking and service areas The graphic quality of directional with the signs should be clear and distinct and be coordinated image of the development 3 13

Building Design Policies for Commercial Development

1 3 13

Building

Materials and the Location of

Buildings

on a

Property

single material facades that extend the entire length of the building parallel to the public street will incorporate additional architectural detailing and where appropriate signs murals sculptural or graphic design Blank

or

17

Facades

longer than 25 metres

combination

of windows and

shall be subd ivided

projections

through

a

and recessions in the

consistent rhythm across the fagade and establish divisions that express a hierarchy of entrances and identify individual businesses where applicable

building

wall to create

Transparent glazing

a

on

the

at-grade primary building

facades

and areas that have public activity shall be maximized having regard to the nature and function of the building The following minimum requirements generally apply to the primary building

facades

General Commercial Street-Related Commercial

Glazing should or

20

40

be

actively used to provide storefrtlnt windows merchandise displays and should not be covered internally

by displays

or

window decals

Corner buildings at the intersections of Kirig Highway 2 Street with Regional Road 57 Clarington Boulevard Green Road and Boswell

Drive

at gateway locations shall include articulated building elements in the form of towers bays or other details that emphasize the focal nature of these buildings and wall projections recessions materials and other details that enhance the visibility of these locations

Building materials

or

recommended for

new

construction include

and wood frame Materials such as brick stone aluminium steel and metal panels may be used provided they are used within

an

appropriate

context

Rooftop mechanical equipment and fume extractor vents should be integrated with the building design and rooftop units and vents will be screened using materials complementary to the building Where appropriate parapets should be used to screen rooftop mechanical units 2 3 13

The following design guidelines shall be considered with the location of adrive-through facility

Any drive-through facility

must be located on

a

lot greater than

000 square metres 3 All

buildings containing drive-through facilities shall be primary street frontage with a setback not to

oriented to the

18

0 metres No portion of the stacking lane and no exceed 3 parking spaces or drive aisle shall be located within the

setback area

Drive-through facilities including the stacking lane order board loud speaker pick up window or banking machine shall not be located within 12 metres of

containing

Speakers

properties zoned for or

residential uses and

with

order-boards associated

adrive-through

oriented away from a residential use and their sound levels should be minimum so as not to create sound disturbance Screening from headlights must be provided

facility

shall be

Drive-through facilities located adjacent to properties zoned to permit residential uses shall construct opaque fencing at least 8 metres in height between the uses and 1 buffers

Laridscape residential

uses

and include

height 3 13

adjacent

to

should have

ample coniferous

and deciduous trees

a

property zoned

to

permit

minimum width of 0 3 metres trees minimum of 2 4 metres in

a

minimum

70 mm

calliper

following design guidelines shall be considered when reviewing the stacking lanes at adrive-through facility

The

A 5 1 metre wide direct pedestrian walkway to the building entrance which does not intersect with or cross the stacking lane shall be

primary

Stacking For

provided

street

and maintained

on

the

lot from the

frontage

lanes shall

a restaurant

have

with

of a minimum

length queuing

a

minimum width of 3 0

metres

adrive-through facility a stacking 12

vehicle

lane

queuing spaces one vehicle

0 metres in length shall be space is defined as 6 4 At least provided queue spaces shall be located between

the

pick-up

window and the order

board station

For all other drive-through facilities a stacking lane length of a minimum 4 vehicle queuing spaces one vehicle queuing 6 metres in space is defined as 0

The

entrance

to

a

required stacking

within 18 metres of

19

length shall

a

be

provided

lane may not be located

site access to a public or

private street

The

required stacking

access to

must

lane

not interfere

with

or

block

required parkirig spaces

A

required stacking lane should

a

driveway

or access to a

not

loading

be crossed

space

or

access

bisected

or

by

seniice

area

The full

length of the stacking lane must be demarcated by and the use of soft and hard landscape curbs features concrete

Stacking

lanes

should

number of curves

be linear and

straight

with

interfere with traffic

minimum

a

turning movements and should on public streets and

or

not

Double drive-through facilities on a site should be avoided a double drive-through condition cannot be avoided the landscaping and decorative pavement shall be increased onWhere site 4 13

Site and

1 4 13

Building Orientation and Design

Building Design

Policies for Residential

Development

Aaartments

Building

facades shall be oriented

and other

generally Buildings

public

so as

to reinforce

the

street

the

primary organizing element four stories should be set back from the street or -set back on a podium to maintain a pedestrian related scale and to mitigate wind and shadow effects A podium base should Buildings

spaces

as

over

be between two and four on

comer

Icts should

architectural elements

such

as

stories

in

height

incorporate enhanced entrance canopies towers

and

articulation Service areas utilities and parking should be sited or screened to minimize potential negative impacts The ground floors of apartment buildings facing residential streets shall be primarily occupied by active residential uses such as living spaces indoor amenity areas and entry ways On commercial streets ground floor retail and services uses may be used to provide an active street frontage Long unbroken facades and blank walls should be avoided with the use of balconies setbacks and projections and material transitions which help articulate the building and by the pattern and rhythm of windows and doors corner

Buildings should be overlooking streets 20

sited and natural

designed to provide for views public spaces while

areas and

minimizing views overlooking adjoining dwellings amenity areas

Buildings should

private

be sensitive to interfaces with

density

and lower

buildings

and

with

areas

increased setbacks stepped massing

adjoining reduced heights

of the

building articulated

facades and window

patterns integrated into the overall design of the buildirig Green roof designs are encouraged Roof designs shall be

Townhouses Buildings articulation

and

design should be informed by

columns rooflines and windoor fenestration as well as functional elements such as the locations of entries circulation spaces and special rooms structural elements such

Material colour and townhouse facades

as

textural differences

should

be

provided

on

2 Building Entrances 4 13 Main building entrances for apartments shall provide a strong identity and provide a transition from the street to the building Weather

protection

arcades should be

in the form of awnings canopies and provided Entries and foyers should be

comfortable sheltered safe and convenient Main building entrances shall be oriented towards streets or

parks

squares

Townhouses the street

shall have attractive

entry

and

porch areas

near

level

Ground floor apartment units may

have

iridividual entries

the street directly from

Amenity Areas Balconies verandahs terraces and roof gardens should be integrated with the overall building form and facade composition

3 Private 4 13

Balconies and verandahs

outdoor 4 Common 13

should

be

sized

to accommodate

seating

Amenity Areas

Shared shall outdoorspaces

be

provided

to meet the needs of

the residents

The design the 0 o o

of shared outdoor

spaces should

take

into account

following shading for optimum solar access shelter for access during inclement weather planting location-and type for durability ease of maintenance and aesthetic quality

orientation and

21

o

ground surface materials to allow access in

211

weather

conditions o

privacy

o-

public

o

o

E 4 13

of

dwellings facing

access

and

spaces

open to control access where

measures

required safety in the form of lighting informal surveillance as well as restricted access to pools and water features for children shelter from noise wind and traffic from adjacent streets or incompatible uses

Parking Areas Parking areas shall be located at the rear onside of the buildings grid shall be appropriately screened from the street Underground parking is encouraged in High Density Residential areas Where decked parking is provided it shall be architecturally integrated with the apartment building Large parking areas should be avoided by dispersing parking courts andbr mitigated by providing appropriate landscaping Generally parking aisles longer than 15 spaces should be separated by a landscaped island Joint access is permitted Wherever possible

provided

internal or rear

for all townhouse

Pedestrian walkways should be

dwellings

from

clearly defined

Short term

laneways should be

bicycle parking

parking areas to building entrances through materials and lighting should be

provided

for visitors

6 Landscaping 4 13

Landscaping shall to adjacent uses Fences along

reinforce

street

the street edge

frontages

decorative in nature to define

should be

private

and

provide buffers

low transparent and but avoid inactive

spaces

frontages Pedestrian-scale lighting should be provided for open space areas and shall avoid light trespass properties

parking on

to

and

adjacent

7 Services and Utilities 4 13

Garbage

areas shall be conveniently located for residents and for collection and shall be fully enclosed preferably within the

building

Where provided

separate garbage enclosures shall have and colours to the dwelling units and softened with landscaping on their most visible sides

compatible materials should

be

All

mechanical equipment whether mounted ground shall be screened from view

22

on

the roof or

5 13

Schedule A of this the Plan Demonstration scheme for the development of the area that

Demonstration Plahs

Plan

shows one

-

successfully implements the-urban design transportation objectives of this Plan -The

land

use

and

Illustrated Urban

Design

Policies in Schedule B of this Plan

provides examples and urban design policies of the Plan of the precedents application be illustrative rather than Schedules A and B are intended to of the

prescriptive 43

In

Section 14 1

a by deleting -Sub-section b and replacing it

b provides

increased densities

Town Centre and structured

b c

following

in the

Bowmanville West parking wherever feasible

section c as Sub-section d by renumbering Sub by adding a new Sub-section c and renumbering accordingly

c

encourages

walking and biking

transportation d

with the

as

alternative

means

of

and

in renumbered Sub-section

d by replacing the word surface

with the word bus

44

By deleting

Section 14 2 and

replacing

it with the

following

2 The siting and 14

maximize

a

the

design of buildings will consider concepts potential energy savings including

to

passive solar gain in winter buildings to meet the LEED Rating

orientation for maximum construction of new

b the System c green roof design and the provision of well-designed landscaping of parking areas to minimize heat island effects d renovations of existing buildings for energy and water conservation will be encouraged and e the use of alternative sustainable energy sources such as solar 45

In the third sentence of Section 15 1 2

a by deleting the word These from the beginning of the third sentence and replacing it with the words Those roads and b by deleting the words wvhich is intended and replacing with words wvhich are intended 46

In

Sub-section 15 3 2

a by adding

the

a

the words transfer to and before the word

the words as

streets before the

b by adding public future date and c by adding the vvords by the Municipality after the word necessary

23

to the

assumption words at some

end

of

the sentence

47

In Section

and replacing 48

By adding a 6 2 15

the words

5 by deleting 2 15 them with

new

appropriate road authority Region of Durham

the words

6 2 Section 15

as

follows

As a precondition of development of certain lands in the Bovvmahville West Town Centre appropriate arrangements shall be made for the following critical components of the grid street system for the

a

north of

lands

Green Road and the the

following

road

King Street Highway 2 between proposed extension of Boswell Drive

improvements

the

proposed

ii

the

construction

of

through

combination of a on

Map

Stevens Averiue from Regional

to the Boswell Drive extension as a public and a private road as identified

A

b

for the lands

north of King Street Highway 2 between Green Road and Clarington Boulevard the wnstruction of Stevens Road between Green Road and Regional Road 57 as a public street

c

for the lands and

the southwest corner of Regional Road 57 2 the construction of Prince

on

king StreeUHighway

easterly from

William Boulevard

Road 57 as

a

public

3 from By changing the title of Section 15 Policies to Public Transit Policies

50

By deleting

Section 15 1 and 3

The

Municipality

in

Pethick Street to

replacing

Public Transportation

it with the

conjunction

and

By renumbering

following

with the

and GO Transit shalt endeavour to use

Regooral

street

49

51

required

extension of Boswell Drive from King Highway 2 as identified on Map A andStreet

i

Road 57

1 3 15

are

Region of Durham enhance public transit

access in the Bowmanvilfe West Town

Section 15 2 as Section 3 3 15 arid 4

Centre

by adding

new

Sections 15 2 and 15 3 3 as follows

2 The Municipality 3 15

will encourage the Centre as

Bowmanville West Town a encouraging providers

a

high

development of the a

transit node

level of transit service from

by

Transit

b providing sidewalks and high quality streetscape in pedestrian 4 and the urban activity areas in accordance with Section 15 design policies of Section 13 c considering the development of structured parking facilities in partnership with private landowners and 24

d

when the

Municipality

Town Centre the

is

proposing public works

public authority

improve the pedestrian -and and shelters -

3 15

consider opportunities to

cycling environment

bus

stops

and streetscape enhancements

Development in the West supportive through

a providing

will

in the West

Town Centre will be transit-

development with no large parking adjacent primary public street and

for street-oriented

areas between the

b bui-dings developing at higher densities c

providing frequent pedestrian linkages from streets to stores buildings and through parking areas d

between

contributing toa high quality public streetscape through landscape treatment along the streetline and e providing for compact appropriate In

Deleting

In

development through shared parking where

and parking structures 52

Section 15 4 adding the words and private streets between 1 words the public road right-of-way and to enhance 53

renumbered

renumbered

and renumbering 2 Section 15 4

accordingly

54

the remaining Sections

a 3 renumbered Section 15 4

by deleting the words Future Streets and replacing them with the words private streets b and replacing with the words d 5 by deleting the words Subsection 5 2 55 3 Subsection 52 and c and Subsection 152 b 5 In

renumbered Section 15 4 by deleting the words and punctuation shall be identified in the Urban Design Guidelines These areas 56

In

renumbered Section

16 2 a 4

by replacing the words Master Drainage Plan with the words subwatershed Plan and b by removing the words or subwatershed after the words Bowmanville Creek

c

by deleting the second and third sentences and replacing them with the following All developments within the Bowmanvil e Creek watershed will be undertaken in accordance with the policies of the Brookhill Tributary subwatershed Plan 57 Iri

renumbered Section 16 2 subwatershed Plan by adding the words or 5 to the end of the last sentence 25

58

In

renumbered Section

1 2 17

the words or

a by adding

b

any

commercial

refuse

development with loading

pick-up ordrive-through facilities within 60 metres of use to the end of the first sentence and b by adding the words as appropriate to the end of the last

a

sensitive

sentence 5g

In renumbered Section the end of the

2 by adding 17

Rezoning By-laws tie subject to holding provisions Section24

the

Section 9n the event a of may be considered in in

following

new sentence to

comprehensive review advance of a site plan but will accordance with the policies of

of the Official Plan and Section

3 and 2 17

4 of this 2 17

Plan 60

oy adding 3 2 17

new

Sections 17 3 and 17 2 4 as follows 2

In addition to the

of Section 4 23 of the Official 2 be to Plan Holding Symbols may used ensure achievement of the policies of this Secondary Plan by conditions

provisions

establishing

-linking the development of new commercial space to population growth in Clarington the achievement of urban design policies and objectives through site plan agreements and agreement on the provision ofinfrastructure 4 2 17

In addition to

prior apply

to the in

provisions

lifting

of Section

3of the 4 23

Official

Plan

of a

Holding Symbol the followirig provisions respect to the Secondary PIan Area

a plans for the proposed developmentshow that the proponent has successfully implemented the Urban Design Policies contained in Section 13 and the results of studies required under Section 17 1 and the market land use 2 and transportation objectives of this Plan to the satisfaction of the

Municipality

b arrangements have been made satisfactory to the

Municipality for the

construction of the public streets identified in Section 15 6 as critical components of the 2 grid street system and

61

c arrangements have been made to the satisfaction of the Municipality for the construction of private streets identified on Map A and their future dedication as public streets if the their dedication in the future Municipality requires 1 by adding the following sentence at the By amending Section 17 beginning Market land use urban design and transportation objectives and policies will be considered comprehensively in the implementation of this plan

26

62

4 by renumbering 17

In renumbered Section

the text as

Section 17 1 4

and regard shall be had the words shall comply with and

a by deleting with

the words

b by inserting By adding

replacing them

policies of this Plan -and any Urban Design Design and Guidelines

the words

between Urban 63

for and

2 as follows 4 Section 17

a new

proposal for the development of land the Municipality will require that the proponent demonstrate how the proposed design and organization of the a

site and

proponent submits

a

buildings

a Addresses the policies of this Plan design policies of Section 13 -

particular the urban

compact urban pedestrian-oriented that enhances pedestrian accessibility function

b Contributes and

in

to a

form -

2 Where 4 17

-

strengthens walking as the preferred means of getting from place to place and adds pedestrianamenities such as textured paving seating benches and landscaped areas

c Provides for access from transit stops d Contributes physical links adjacent community e Contributes

to the

into and

integrates with the

continuity of building

facade along the

street fl

Orients such

elements

as

public entrances display

windows canopies and signage

g 64

Locates

and designs parking

In renumbered Section

a by adding b by adding

to the

areas

street

and

appropriately

18

1 in front of the first the Section number 18 2 in front of the last the Section number 18

sentence sentence that

The policies of the Plan beginsc by adding the following

words to the end of Section

2 in the 18

event of a conflict between the provisions of the Official Plan and this Plan the Secondary Plan shall

prevail

65

By adding 3 18

a

new Section

as

follows

Definitions

a Department department -

3 18

Store store shall mean a retail store containing a minimum metres of leasable floor space organized into

of 5 000 square

gross

27

a

number of

sale of

a

individual departments

wide

variety

LEED Rating

primarily engaged in the clothing household appliances

of commodities which shall include

hardware home furnishings

b

and

and

System

LEED Rating System shall mean the Leadership in Energy and Erivironmerital Design Green Building Rating System established

by the

Canada Green

Building Council

as

amended from time to

time

66 67

amending Map A Land By Adding Schedules A and By

28

Use B

as

shown

on

Exhibit A

EXHIBIT A To Official Plan Amendment No 44

i

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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW N0 2006 -

being

a

fi n

By-law to amend By-law 84-63 respelling certain definitions and general

provisions with respect

to commercial

development

WHEREAS the Council of the Corporation of the

expedient

to amend

By-law 84-63

of the Commercial

Secondary

Policy

as

Municipality

amended to implement

of

Clarington

Review and the West Bowmanville Main Central Area

Plan Review

NOW THEREFORE the Council of the Corporation of the Municipality of

hereby enacts

as

as

By adding order

Clarington

follows

By-law 84-63 a

deems it

certain recommendations

as

amended is further amended

to Section 2

thereof

the

as

follows

following

new

definitions in alphabetical

follows

Bicycle Radc shall mean a structure fixed to the ground providing a location to park and secure a bicycle to

or

a

building

Bicycle Parking Facility Indoor shall mean a secure room or bicycle lockers a building capable of storing a minimum of 6independently-secured bicycles and which is readily accessible for employees or residents of the building within

Landscaping Strip shall mean an area of land used for any one or more of the planting of shrubs flowers grass or other horticultural elements such as decorative stonework fencing or screening Parking Space Disabled Persons shall mean a parking designed and identfied to be used by persons with a disability Residential Zone Urban Residential

space

that is

shall

mean an Urban Residential Type One R1 Zone Two R2 Zone Urban Residential Type Three R3 Zone and an Urban Residential Type Four R4 Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid Bylaw 84-63

b

Type

By deleting Section 1 3 3 a to d inclusive and replacing them with the following 13 3

Loading Space Regulations a

Every building or structure used for a purpose that requires the loading or unbading of goods or materials including animals shall provide and maintain loading spaces in accordance with the provisions of Section 3 13 c

b

Loading building

spaces shall be provided on the same lot as the structure or use requiring the loading space and shall be calculated in accordance with the regulations in Section 3 73

-

c

All

loading

spaces shall provide

vertical clearance of 5

a

metres c

Loading

space regulation table

Legend

Loading Space Requirements 11 m -

Width 4 -

A artment Buildin artment Buildi -

1 to 90 unRs 91 or more unds

Hos ital Nursi

Home Retirement home

Length Width

m

-

5 m 7

-

Length

3 m -

1

0

2

0

4

0

1

0

0

1

0

1

1

0

2

0

g

0

Assembly hall Bar Business Professional or Administrative OfFce Convenience Store Motor vehicle Re air Gara e Place of Entertainment Other permitted uses up to 300 m gross commercial floor area

Other permitted uses with 301 wmmercial Floor area

m

to 0 1 00 m

gross

Other permitted uses with 1 000 m to 0 7 00 m gross commercial floor area Permitted

with greater than 0 7 00 m gross commercial floor area uses

Permitted

uses with u to 1 000 m rose floor area Permitted uses 1 001 m to 3 000 m ross floor area Permitted uses with 3 001 m to 7 000 m ross floor area

Permitted

uses

with greater than 7 000 m grass Floor area

1

p

2

0

3

0

3 spaces plus 1 space for

0

every additional

000 mZ 10

or

ortion thereof

d Access to loading spaces shall be provided by means of an aisle located on the same lot as the use requiring the loading The aisle shall be a minimum of 6 metres wide spaces and shall lead to a

driveway

e

Loading located

spaces shall not be provided in tandem and must be abutting the building or structure for which they are

required f

Loading

spaces shall be located in the interior side yard or rear Zones loading spaces are also permitted in the front yard and exterior side yard provided the spaces are setback from the street line a minimum distance of 20 metres

yard

g When

In Industrial

an

addition to

a

building

occurs

or

the

use

of

a

building

structure or lot changes the provisions of Section 3 13 c of this By-law shall appty to the additional floor area c

By deleting

in Section 3 16 a the second

For the purpose of this By-law

including

paragraph beginning with the words Subsections i to

d

By renumbering Section 3 16b to g inclusive

e

By adding b

a new

clause Section 1 3 6 b

DISABLED PARKING SPACES

-2-

as

to 3 16 f

follows

iv

inclusive

to k inclusive

i Each disabled

persons parking space shall be a minimum 4 5 metres wide and 5 7 metres long unless lwo or more disabled persons parking spaces are located abutting each other in which case each space shall be a minimum 3 4 metres wide and 5 7 metres

long

ii Disabled Packing Space Requirement Table

1k

iu

Y

Par Cin g s

k

s A Qs

p a p

f f

i

g

pl l Fe rsonaG

iy

at

s

1 to 25

1

26 to 50

2

51 to 75

g

76 to 100

q

101 to 150

5

151 to 200 201 to 3D0

g 7

301 to 400

g g

501 to 1000

2 of total

-

401 to 500

21 spaces

greater than 1000

plus

1 space for every

additional 100 spaces thereof over 1000

or

arkin

part s

aces

Nursing homes retirement homes hospitals medical and dental clinics shall provide twice the number of Disabled Persons Parking Spaces as shown in the cclumn above

f

By adding c

as

follows

PARKING SPACE SIZES

i

g

Section 3 16 c

a new

Each

parking space shall be

a

minimum of 5 7 m by 2 75 m

ii

Where the two outdoor parking spaces for single detached semidetached and or townhouse units are provided side by side the combined minimum width of the two spaces 6 may be reduced to 4 m provided that the minimum landscaped open space within the front yard is 30 percent

iii

Parking space size perpendicular to a landscaping strip having a minimum width of 3 0 metres may be reduced in size to 5 2metres in length by 2 75 metres in width

By adding

Section 1 3 6 d as follows

a new

d PARKING AISLE REQUIREMENTS Each aisle shall be

a minimum

one-way traffic

h

By adding

a new

width of 6 0m for two-way traffic and 5 4 m for

Section 3 16 e as follows

e PARKING OFF-SITE

Notwithstanding

Section 3 16 a where parking spaces

location otherthan

on

the

same

lot

as

the

use

requiring

shall be located not more than 150 metres from the located within the same

zone as

-3-

the said lot

are

provided in

a

such spaces they

same

lot and shall be

i

By adding

a new

Section 3 161 as follows

I BICYCLE PARKING

i

At least

ii

Any commercial establishment with a floor area greater than 5 000 square metres in a C1 C2 C3 C5 C6 or C9 zone or any exception zone thereto shall provide an indoor bicycle parking facility for employees Minimum off-street parking requirements for

one bicycle rack shall be installed for each new building or in conjunction with an addition to a building in a C1 C2 C3 C5 C6 or C9 zone or any exception zone thereto

motor vehicles contained within the Parking Space Requirement Table may be reduced by one space for every three bicycle spaces provided within an indoor bicycle parking facility The floor area of an indoor bicycle parking facility shall not be considered for the purpose of calculating parking requirements or total floor area of the

building

By amending all cross references to Section 3 16 contained within By-law 84-63 as amended to correspond with revised subsection numbering 2

This By-Law shall come into effect on the date of the passing hereof subject to the provisions of Section 34 of the Planning Act R O 1990 cP13 S

By-Law read

a

first time this

By-Law read

a

second time this

By-Law read

a third

1

day of

1

day of

time and finally passed this

M826h

2006

Macon

i

2006

Macon

day of

John M tton

2006

Mayo

-

atti

-4-

arc Municipal Clerk

THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON oar

BY-LAW N0 2006 -

being

a

By-law

to amend

By-law 84-63 respecting certain lands in the

Bowmanville West Town Centre

WHEREAS the Council of the Corporation of the Municipality of Clarington deems it

expedient

to amend

of the Commercial

Secondary

By-law 84-63

as

amended

to

implement certain recommendations

Policy Review and the West Bowmanville Main Central Area

Plan Review

NOW THEREFORE the Council of the Corporation of the

hereby

of Clarington

enacts as follows

By-law 84-63 1

Municipality

as

amended is further amended

By repealing the

as

follows

text of Sections 16 14and 5

replacing

it with the

following

new

text 14 GENERAL COMMERCIAL EXCEPTION 5 16

C1-14

ZONE

Notwithstanding Sections 3 13 1 3 6 18 1 and 16 3of By-law 84-63 those lands zoned C1-14 shall only be used and any buildings or structures thereon shall only be constructed and used in accordance with this By-law and the following definitions and zone regulations a For the purpose of this Section the term i

Bank kiosk

shall

square metres

ii

or

mean

a

financial office with

a

floor

area

of 50

less

Business establishment shall mean a building which contains any ofthe permitted uses on lands zoned C1-14

one or more

iii

Business establishment street fayade shall mean the portion ofthe exterior wall located between finished grade and the level which is 3 metres above finished grade of a business establishment which wall faces a public street or a private street shown on Schedule 3 to Bylaw 84-63

iv Department store shall mean a retaiVcommercial establishment containing a minimum of 5 000 square metres of leasable total floor area organized into a number of individual departments and primarily engaged in the sale to the public of a wide variety of commodities including clothing hardware home furnishings and household appliances v

Garden Centre shall mean a building or part of a building a structure or part of a structure and land for the displaying and selling of flowers plants shrubs trees or similar and related

vegetation garden supplies for retail sale but shall not include a nursery the storage or sale of motorized equipment or the bulk storage of sand gravel soil fertilizers or similar material vi

Street entrance shall mean one of the principal entrances to each business in a business establishment which shall have a minimum height of 2 1 metres and a minimum width of 0 9 metres and shall be

-1-

located in the part of the business establishment street facade which is at or within 0 2 metres above or below finished grade provided that the street-related entrance shall be recessed from the business establishment street facade a minimum of 1 0 metres

b Permitted Residential Uses No residential dwelling units

are

permitted to be constructed

or

used

c Permitted Non-Residential Uses A shopping centre containing a maximum of 17 square metres of total 000 floor area may be constructed or used for any one or more of the following purposes

i

assembly hall

ii

bakery shop

iii

business professional

or

office shall be located in

a

administrative office provided that such second storey or greater of any building

iv

convenience store

v

day nursery

vi

department store

vii

dry cleaners distribution centre

viii eating establishment with

no

vehicular

drive-through service

ix

eating establishment-take out

x

financial office

xi

garden centre or seasonal garden centre accessory to store or supermarket

xii

medical a

or

second

a

department

dental clinic provided that such clinic shall be located in or greater of any building

storey

xiii place of entertainment

xiv printing xv

or

publishing establishment

private club

xvi commercial retail establishment xvii service shop personal xviii supermarket and xix veterinary clinic d

14 c x no more than two 5 Notwithstanding Section 16 2 financial offices with the exception of bank kiosks may be constructed and used on lands zoned as follows Ct-14 C8-1 C8-2 C8-3 CS-4 Cg-1 Cg-2 Cg-3 and Cg-4

2-

e Regulations

i

No

building

may be used

portions of the lands of the permitted nonresidential uses listed in Section 16 14 of the By-law unless a 5 department store which contains at least 6 500 square metres of total floor area is constructed and operated on the lands zoned C1zoned

on

any

one or more

C1-14 for the purposes of one

or more

14

ii

A maximum of

000 square 17

metres

of total floor

area

may be

constructed and used

iii

Location of building from the southerly limit of Highway No 2 and easterly limit of Green Road minimum 3 metres

iv

Location of building from the westerly limit of Clarington Boulevard minimum of 0 5 metres and a maximum of 3 0 metres

v

Location of building from the northerly limit of Prince William Boulevard minimum

vi

Landscaped open space minimum

vii

Height of building maximum

a

5 metres

20 percent 4

storeys

viii Loading spaces minimum

5

ix

Notwithstanding

x

All entrances used or intended to be used by the public to access each business in a business establishment shall be located in an exterior wall of the business establishment and for greater clarity such access shall not be achieved through an enclosed pedestrian

clause iv above 90 metres of the southerly business establishment street fagade may be constructed up to 1 metre ftom the northerly limit of Prince William Boulevard

mall

xi

xii

Parking space dimensions minimum

2

m width 5m length

Section c 14a portion of the parking area 5 16 the lot which contains not more than 500 square metres and is enclosed by a temporary fence and one or mare gates may be used for the purposes of seasonal garden centre for not more than a total of 90 days each calendar year and

Notwithstanding located

xiii

8 2

on

The seasonal garden centre permitted by e 14 5 16 x ii shall not include the storage or sale of motorized equipment and is not required to provide parking spaces in accordance with Section 16 a of this By-law 3

By repealing the title and text of Section 22A and by replacing it with and text of Section 22A 22A

as

title

LARGE FORMAT COMMERCIAL C8 ZONE

1Section 22A applies to lands zoned 22A CB otherwise specified

a

a new

follows

or

any C8 exception zone unless

For the purpose ofSection 22A the term

i

Bank kiosk

shall

square metres

or

mean

less

-3-

a

financial office with

a

floor

area

of 50

ii

Business establishment one or

mare

shall mean a building which contains any of ttre permitted non-residential uses within the CS

zone

iii

Street entrance a

For stores with a total floor area of 2 500 square metres or more shall mean one of the principal entrances to a business which shall have a minimum height of 2 1 metres and a minimum width of 3 0metres and shall be located in the part of the business establishment street fapade which is at or within 2 metres above or below finished 0

grade

b

For stores with a total floor area less than 2 5 00 square metres shall mean one of the principal entrances to a business which shall have a minimum 1 metres and a minimum height of 2 width of 0 9metres shall be located in the of the business

part

establishment street fapade which is at or within 0 2 metres above or below finished grade and shall be recessed from the exterior surface of the business establishment street minimum of 1 0 metre and

fapade

a

a

maximum of 3 0metres

iv

Business establishment street fapade shall mean the portion ofthe exterior wall of a building which wall faces a street shown on Schedule 3 to By-law 84-63

v

Drive-through facility

shall mean the use of land buildings or structures or part thereof to provide or dispense products or services either wholly or in part through a window or an automated machine to customers remaining in motor vehicles which are located

in

established

stacking lane A drive-through facility may be in combination with other permitted non-residential

a

uses

vi

Garden Centre

shall mean a building or part of a building a part of a structure and land for the displaying and selling of flowers plants shrubs trees or similar vegetation and related garden supplies and equipment for retail sale but shall not include a nursery or the bulk storage of unpackaged sand gravel soil fertilizers or similar material structure or

vii

viii

Large format retail store having a minimum total

shall floor

building or part of a building of 5 2 00 square metres and containing non-residential uses permitted by Section 22A 2 operated individualty or in combination

Primary

business

area

establishment street establishment street facade entrance to a business establishment business

ix

mean a

facade

containing

shall the

mean

a

principal

Commercial establishment shall mean a building or Retail part of a building in which goods wares merchandise substances articles or services are offered or kept for sale at retail or on a rental basis but shall not include any class of commercial establishment otherwise defined in Section 2

x

Medium format retail store

shall mean a building or part of a intended to be operated as a single retail or service business having a minimum of 000 square metres and a 1 maximum of 2 500 square metres of total floor area and containing non-residential uses permitted by Section 22A 2

building operated

xi

or

Stacking lane shall is located

on

the

mean a

same

-4-

lot

as

queuing lane for motor vehicles which the drive-through faclity and which is

separated from

xii

barriers

or

Street

shall

other motor vehicle traffic

mean

private street shown

xiii

on

the

same

lot

curbs any public street future public street on Schedule 3 to By-law 84-63

or

by

future

Street line shall mean the limit of a public street or future public street shown on Schedule 3 to By-law 84-63 that is the dividing line or the future dividing line between a lot or block and a public street or future public street

2Permitted Uses 22A No person within the Large Format Commercial C8 Zone shall use any land erect after or use any building or structure except as specified in this Section Section 22A 3 and the applicable provisions of Section 22A 4

or

Residential Uses

a

Not Permitted Non-Residential Uses

b

A large format retail store or a medium format retail store containing one or more of the following non-residential uses

i

assembly hall

ii

a

iii

beer liquor

iv

business professional or higher of a building

v

day nursery

vi

dry

vii

eating establishment

viii

fitness centre which may include an ancillary child the second floor or higher of a building

ix

garden centre

x

medical

xi

optometrist clinic ancillary to

xii

place of entertainment

xiii

private club

xiv

commercial establishment retail

xv

school commercial

xvi

service shop light

bank kiosk or

on

wine retail outlet administrative office

or

the second floor

or

on

the second floor

higher of a building

cleaners distribution centre

or

dental clinic

on

the second floor an

care

centre on

higher of a building optical sales establishment or

xvii

service shop personal xviii supermarket

xix xx c

tavern and theatre

the provisions of Section 22A 2b prohibiting the construction and use of any building or structure for any purpose other than a large format retail store or a medium format retail

Notwithstanding

store minimum of 250 square metres may be constructed and used on lands zoned C8 for any of the following

buildings containing

a

non-residential purposes

i eating establishment

-5-

and

ii d

eating establishment

with

adrive-through facility

For the purpose of clarity no portion of the lot retail store or medium format retail store is

on which a large format located shall be used for

the

following

i

outside

ii

outside storage area with the exception of temporary storage of shopping carts in the parking lot

purposes

display

area or

3Regulations for Non-Residential Uses 22A

a

Yard Requirements

i A large format retail store on a lot which abuts a public street or a future public street shown on Schedule 3 to By-law 84-63 shall have a yard between the facing wall of the building and the limit of the public street or future public street which has a yard width of a minimum of 3 metres and

a

maximum of 6 metres

ii

A medium format retail store or a building containing a use permitted by Section 22A 2c which is located on a lot which abuts a public street or a future public street shown on Schedule 3 to By-law 84-63 shall have a yard between the facing wall ofthe building and the limit of the public street or future public street which has a yard width of a minimum of 3 metres and a maximum of 5 metres

iii

A

building

located on a lot which abuts a future private street Schedule 3 to By-law 84-63 shall have a yard which abuts the limit of the future private street with a yard width of a minimum of 2 metres and a maximum of 5 metres shown

on

iv A building located

lot with a lot line which abuts a residential have a yard abutting the lot line with a minimum yard width of 10 metres and zone

v

boundary

on a

shall

A building located

on a lot with one or more lot lines which are not in 3 22A a i to iv inclusive shall have a yard abutting each lot line with a minimum yard width of 5 metres

described

b

Building Facade

Materials

i A minimum area of business establishment street facade between finished grade and the elevation which is 3 metres above finished grade shall be required to be constructed of transparent glass in accordance with the following table

Type of Use Lar

a Format Retail Store Medium Format Retail Store

Eatin

ii

Establishment

Notwithstanding

Primary Business Establishment Street Fa de

Any Other Business Establishment Street Facade

h 20 40

10 10

40

10

Section 23A 3b i transparent or opaque glass may be used on any building facade which is not a primary business establishment street facade

-6-

c

Articulation of Building Facades Business establishment street facades greater than 30 metres in length measured horizontally shall incorporate a combination of wall plane projections and recesses which shall have a minimum depth or projection of not less than 1 0 metre for the full height of the business establishment street fapade and shall extend a minimum of 20 of the length of the business establishment street facade measured horizontally No of

i

uninterrupted length

wall plane of any business establishment street fapade shall exceed 30 metres in length measured horizontally and a

Where

ii

a business

establishment street fapade is greater than 30 length measured horizontally the roofline of the facade being the top edge of the facade or where there is a parapet wall the top edge of the parapet wall shall incorporate at least one variation in height for each 30 metres in length or part metres in

thereof of the

building establishment street facade such that two sections of the roofline shall have a difference in height measured relative to each other of at least 1 2 metres The combined length of the sections of the roofline that provide for the aforesaid variation in height shall comprise a minimum of 20 of total length of the roofline adjacent

d

Street Entrances At least one street entrance for each business shall be located in a business establishment street facade of a business establishment provided that if the business establishment has more than one business establishment street fapade no more than one business establishment street entrance is required

e

Screening

of Rooftop Mechanicals

Notwithstanding

Section 3 10 where a building has a flat finished roof containing rooftop mechanical heating ventilation or air-conditioning stacks or vents to serve the building the building must have either

i A solid parapet wall with

a minimum height of 1 5 metres above the finished elevation of the roof which extends around the entire perimeter of the roof or

ii

A solid parapet wall or an architectural element or feature integrated with the building extending above its roofline which will prevent rooftop mechanical heating ventilation and air-

conditioning stacks

or vents from being viewed from a height of above the average height of that section of the curb on Highway No 2 located on the same side of the street as the building between the intersection of the projections of the east and west walls of the building and Highway No 2 The height of the solid parapet wall or integrated architectural element or feature shall be extended consistently around the entire building to provide the same level of on all sides

8 1

m

screening

f

Screening of Loading Spaces A

required loading space shall be screened from adjacent street on Schedule 3 to By-law 84-63 by a wall constructed of the

shown same

and

a

materials

the business establishment street facade and of 5 metres measured from finished grade minimum length of 11 0 metres

having

a

as

minimum

height

-

g

Landscaping i

Landscaped Open Space minimum

ii

A minimum 3 0 metre wide sidewalk located in whole or in

within

street allowance combination thereof shall a

10 percent

privately

or

abut

owned

lands

part

or

a

the

primary business establishment street fapade of all buildings containing one or more business establishments

iii

Where the

boundary

of

coincides

with

abuts

or

landscaping strip

with

a

a

C8

any C-8 exception zone residential zone boundary a

zone or

a

minimum width of 3 0 metres shall be zone or within any C8 exception

provided on the lot within the CS zone thereto iv

All parking areas drive aisles in or to parking areas and stacking lanes shall be separated from abutting streets shown on Schedule 3 to By-law 84-63 by a strip having a

landscaping

minimum width of 3 0 metres which shall be continuous except for breaks to accommodate vehicular access to drive aisles

v

Within

a

parking

each of its ends

area every row of a

landscaping strip

parking spaces shall abut at 5 metres in length and 2 4 5

metres in width and

vi

Within each intermediate

row

containing 25

landscaping strip

or

more

5 metres 4

parking spaces an in length and 5 2

metres in width shall be provided

h

Parking i

16 c parallel parking is permitted on a Notwithstanding Section 3 future private street shown on Schedule 3 to By-law 84-63 provided that each parallel parking space shall have a minimum width of2 75 metres and a minimum length of 7 0

metres

ii

No motor vehicle

parking space

or

space shall be located between a

and

iii

drive-aisle to

building

and

a

a

parking line

street

Notwithstanding the provisions of Section 3 16 a of this By-law the number of parking spaces that shall be provided on a lot shall be as follows

Use

Number Re wired

large format retail store and medium format retail store

eating establishment eating establishment restaurant with adrivethrow h facil other drive-through

facility

-8-

of

Parking

Spaces

A minimum 1 space per 30 square metres and a maximum of 1 space per 20 square metres of total floor area or any portion thereof 1 parking space for each 20 square metres or any portion thereof of total floor area 12 parking spaces for each 100 square metres or any portion thereof of total floor area 1 parking space for each 30 square metres or any portion thereof of total floor area

Drive-Throughs Where

adrive-through facility

shall apply

is permitted the

following requirements

A

i

stacking lane shall be provided and maintained on the lot on which the drive-through facility is located which shall have a minimum length of 72 metres a minimum width of 3 metres and any entrance to d shall be located a minimum of 18 metres from the limit of a street or shown on Schedule 3 to By-law 84-63 No part of

ii

a

stacking lane shall be

motor vehicle which uses it may

so

located that at any time any

block impede or intertere with the use of any parking space required to be provided on the lot on which the drive-through facility is located iii No portion of the stacking lane shall be located between building and a street line and

a

iv Notwithstanding Section 22A 3i iadrive-through facility which is not an eating establishment with adrive-through facility is permitted to be constructed and used on a lot if it satisfies the other provisions of this By-law and a stacking lane is provided and maintained on the lot which has a minimum length of 24 metres minimum width of 3 metres and any entrance to it is located a minimum of 18 metres from the limit of a public street or future public street shown on Schedule 3 to By-law 84-63 a

Garden Centre

i

Notwithstanding maximum

2d 22A

a

garden

centre

facility having

a

of 600 square metres that is roofed and enclosed on all sides but which has a portion of its enclosure exposed to the elements and which abuts a large format retail store may be constructed and used provided that it is not used for the purpose of storage of empty pallets containers storage units refuse or any thing that is not integral to a and garden centre and

ii

k

area

The

area of the garden centre permitted by clause j of this i Section shall be excluded from the calculation of the maximum total floor area provided that parking for the area of the garden centre is provided in accordance with the provisions ofthe by-law

Seasonal Garden Centre

i

2d and 22A Notwithstanding Sections 22A 3j a portion of i the parking area located on the lot which contains not more than 500 square metres and is enclosed by a temporary fence and one or more

gates may be used for the purposes of seasonal garden accessory to a permitted use for not more than a total of

centre as

90 days each calendar year and

ii

The seasonal garden centre permitted 3k A by 22 shall not i include the storage or sale of motorized equipment and is not required to provide parking spaces in accordance with Section 16 a of this ey-law 3

Other

-9-

i

Any building

located in

deemed not to be law

a

a C8 zone or a

shopping

C8

exception

zone shall

centre for the purposes of this

be by-

4SPECIAL EXCEPTIONS LARGE FORMAT COMMERCIAL fC81 22A ZONE 1LARGE FORMAT COMMERCIAL EXCEPTION IC8-11 ZONE 4 22A

a

Notwithstanding

Section 22A 2 in addition to the

uses

permitted in

a

C8

motor vehicle service station may be constructed and used within a large format retail store zone

b

one

In addition to the regulations contained in Section 3 the 22A additional regulations shall apply to the lands zoned C8-1

following

i The maximum total floor area that may be constructed and used within the C8-1 zone is 14 030 square metres ii

A minimum of 80 of the total floor area constructed or used on the lands zoned C8-1 must be located within large format retail

store and iii

c

No occupancy of a building for the purposes of alarge-format store may occur prior to February 1 2007

None of the provisions of Sections 1 3 6 e 22A and iii b and i a 3 i c and ii and k ii and iii j h i i shall apply to prohibit the construction or use of a building or structure in a C8-1 zone for a purpose permitted in a C8 zone provided that following regulations are

complied

with

i The minimum yard requirement for a building from Boswell Drive shown on Schedule 3 to By-law 84 63 shall be 5 metres and the portion of the yard outside of the required 1 5 metre landscaping strip may be used for parking spaces and drive aisles

ii

The minimum yard requirement for a large format retail store from a future private street shown on Schedule A-1 shall be 3

metres

iii

A minimum of 10 of the primary business establishment street facade shall be constructed of transparent glass and no portion of any other business establishment street fagade is required to be constructed of glass

iv The

business

primary

establishment street facade shall combination of at least two 2 wall plane projections and recesses extending the full height ofthe building having a minimum depth or projection of 2 0 metres and

incorporate

a

extending

a minimum of 20 of the length of the primary business establishment street fagade measured horizontally

v

The garden centre shall not exceed 900 square metres

vi The seasonal garden centre shall

not

exceed

875

square

metres

vii

An

outdoor display

permitted in entrance to

area

accessory to

permitted use is vicinity of the main the building provided there is no display of building an

a

80 square metre area in the

-10-

materials containers

empty pallets containers or

storage units

refuse

large equipment

viii Parking shall be provided in accordance with the provisions of Section 22A 3h iii except that the maximum number of

parking

spaces for a large format retail store or medium format retail store shall be calculated at a rate of 1 space per 19 square metres

ix

An indoor bicycle

parking facility

for employees shall not be

required ix

Parking shall be permitted to be bcated between Boswell Drive and a large format retail store and

xi

Lands zoned CB-1 may be used to accommodate a portion of the required parking spaces for a legally permitted use in an abutting C9-2 zone

2LARGE FORMAT COMMERCIAL EXCEPTION C8-21 4 22A ZONE a

2b in addtion to the uses permitted in a Notwithstanding Section 22A C8 zone a building or structure may be constructed and used for the purpose of one motor vehice fuel bar and one motor vehicle wash on

lands zoned C8-2 b

Notwithstanding

c

In addition to the regulations contained in Section 3 the 22A additional regulations shall apply to the lands zoned C8-2

Section 22A bthe only garden centre permitted is 2 seasonal garden centre

i

The maximum total floor square metres

ii

The seasonal

wkhin the C8-2

zone

following

is 16 525

garden centre shall not exceed 1 400 square

metres iii

area

a

A motor vehicle fuel

bar and motor vehicle wash shall have a yard width of a minimum of 5 metres from a street shown on Schedule 3 to By-law 84-63 yard with

a

iv The stacking lane required for the motor vehicle wash shall have a minimum length of 72 metres a minimum width of 3 metres and

an

entrance to it that is located

portion of the limit of 63 and v

a street

than 18 metres from any Schedule 3 to By-law 84-

more

shown

on

No occupancy of a building for the purposes of alarge-format store may occur prior to February 1 2007

d None of the provisions of Sections 1 3 6 e 22A and iii b c i a 3 ih shall apply to prohibit the construction or use of a d building or structure for a purpose permitted in a C8 zone provided that following regulations are complied with

i

The minimum yard requirement for street shall be 5 metres

ii

There shall be

no

a

building

minimum yard requirement for

from

a

a

public

large format

retail store business establishment street fayade from a future

1t

private street shown

on

Schedule 3 to

that

By-law

84-63

provided

a The portion of the business establishment street fagade located between grade and an elevation of 2 8 metres above grade shall be located no closer than 3 metres from the north limit from the adjacent future private street and

b The portion of the business establishment street fagade located between an elevation of 2 8 metres above grade and an elevation of 8 0 metres above grade shall be located outside the limit of the adjacent future private street ii

A minimum of 20 of the primary business establishment street fagade and 10 of any other business establishment street fagade shall be constructed of transparent glass

iv

A

primary

business

establishment street facade shall combination of two 2 wall plane projections or recesses having in combination a minimum projection or depth of 5 0 metres and extending a minimum of 16 of the length of the primary business establishment street fagade measured

incorporate

a

horizontally v

A

business establishment street facade facing shall incorporate at least one wall

1

Green Road

plane projection

or recess

extending the full height of the building above finished grade which shall have a minimum projection or 0 metres depth of 1 and shall extend a minimum of 30 of the length of the business establishment street fagade measured horizontally vi

The roofline of a primary business establishment street facade being the top edge of the facade or where there is a parapet wall the top edge of the parapet wall shall incorporate at least two 2 variations in height such that for each such variation in height two adjacent sections of the roofline shall have a difference in height measured relative to each other of at least 0 metres The combined length of the sections ofthe roofline 3 that provide for the aforesaid variation in height shall comprise a minimum of 20 of total length of the roofline

vii

The outdoor display and sale at retail of goods permitted to be sold in a large format retail store shall be permitted under a roofed area created by a canopy or other building projection located between two 2 street entrances of the business establishment street fagade of a large format retail store provided that the storage or sale of motorized equipment the storage and display of merchandise on pallets the storage of

empty pallets containers storage units refuse and any thing not required for the display and sale of merchandise shall not be permitted

viii An indoor bicycle parking facility for employees shall required ix

Parking

not be

shall be provided in accordance with the provisions of Section 3 22A h iii except that the maximum number of parking spaces for a large format retail store or medium format retail store shall be calculated at a rate of 1 space per 19 square metres and

12

x

Lands zoned C8-2 may be used to accommodate the required parking for a legally permitted use in Cg-2 zone

portion of abutting

a

an

3 LARGE FORMAT COMMERCIAL 4 22A EXCEPTION C8 312ONE a

In addition to the regulations contained in Section 22A 3 the additional regulations shall apply to the lands zoned C8-3

following

i

The maximum total floor area that may be constructed and used within the C8-3 zone is 5050 square metres and

ii

A minimum of 80 of the total floor area constructed or used on the lands zoned C8-3 must be located within large format or medium format retail store

b None of the provisions of Sections 3 16 e 22A 3a and ii shall apply i to prohibit the construction or use of a Large Format Retail Store or Medium Format Retail Store for a purpose in a C8

provided that following regulations

are

permitted complied with

zone

i

A Large or Medium Format Retail Store shall have a yard with a yard width of a minimum 10 metres from a future public shown on Schedule to this By-law

ii

A Large

or

Medium Format Retail Store shall have

yard width of a minimum 10 metres from iii

A

iv

Adrive-through facility

v

Notwithstanding

a

a

yard with

a

public street

Large or Medium Format Retail Store shall have a yard with a yard width of a minimum 2 metres from a future Private Street shown on Schedule to this By-law shall have a yard between the facing wall of the building and the limit of the public street or future public street which has a yard width of a minimum of 3 metres and a maximum of 6 metres and

accommodate

permitted

use

Section 1 3 6 e lands zoned C8-3 may be used to portion of the required parking fora legally in an abutting C8 4zone and or Cg-4 zone a

4 LARGE FORMAT COMMERCIAL 22A EXCEPTION C8 41 ZONE

a

Notwithstanding Section 22A 2 b only a Large Format Home Improvement Store and a Garden Centre and Seasonal Garden Centre accessory to a permitted use are permitted in a CS-4 zone

b

For the purposes of this zone the following definitions shall apply Home Improvement Store is a facility specializing in the sale of home design and garden products Goods offered for sale building may include lumber lighting electrical and a

plumbing

hardware

supplies

flooring window coverings roofing materials wallpaper furniture and appliances seasonal items lawn and paint

garden supplies and indoor plants A tool rental centre fast food kiosk which is not adrive-through facility and do-it-yourself training facilities are

permitted

store and

-13-

as

accessory

uses

in

a

home

improvement

ii

a

Primary

Business Establishment Stmt

Fapade shall be defined of the large format building containing the principal entrance to a business establishment but not necessarily facing a street shown on Schedule 3 to 64-63 as

the

building fagade

By-law

c

In addition to the regulations contained in Section 22A 3 the additional regulations shall apply to the lands zoned C8-4

i The maximum total floor

area of the and used within the C8-4

constructed

building zone

metres

d

following

that may be is 1 9 70 square

None of the provisions of Sections 3 16 e 22A i d 2 i a 3 22A and iii b and c i and ii j i and k shall apply to prohibit the i construction or use of a building or structure permitted in a CS-4 zone provided that following regulations are complied with

i

ii

A Large Format Retail Store or enclosure shall have a yard with a yard width of a minimum 3 metres from a public street Clarington Blvd shown on a Schedule to this By-law A

Large Format Retail Store shall have

of

a

minimum 3 metres and

a

public street Stevens Road law iii

A

a yard with a yard width maximum 0 6 metres from a future shown on a Schedule to this By-

Large Format Retail Store shall have a yard with a yard width a future private street shown on a

of a minimum 0 metres from Schedule to this By-law

iv

A minimum of 20 k of the

v

A minimum of 10 k of the business establishment street facade shall be constructed of glass and no portion of any other business establishment street fagade is required to be constructed of glass

primary business establishment street facade shall be constructed of transparent glass

vi The primary business establishment street facade shall incorporate a combination of at least two 2 wall plane projections and recesses one of which shall extend the full height of the building the other shall be at least 80 of the height of the building having a minimum depth or projection of 0 metres and extending a minimum of 15 4 ofthe length of the primary business establishment street facade measured

horizontally

vii

Where a business establishment street 30 metres in length measured

is greater than the roofline of the where there is a

fagade

horizontally

facade being the top edge of the roof or parapet wall the top edge of the parapet wall shall incorporate variation in shall have

a

height

such that two adjacent sections of the roofline a difference in height measured relative to each other of at least 0 8 metres and there shall be at least one such variation in height for each 42 metres of the length of the business establishment street fagade

measured

viii

A

horizontally

storage area with a maximum area of 850 square metres which is not roofed may be constructed and used on the lot on which a large format retail store is located provided that the storage area is enclosed with a business establishment fagade

-14-

facing

a public street or a future public street that has the same architectural detail and material as the large format retail store

ix

A second

storage

area

rentals provided the x

may be constructed and used for tool does not exceed 40 square metres

area

A garden centre

facility having a maximum area of 1630 square metres that is partially roofed and enclosed on all sides but which has a portion of its enclosure exposed to the elements and which abuts a large format retail store may be constructed and used provided that it is not used for the purpose of storage of empty pallets containers storage units refuse and or any thing that is not integral to a garden centre

An

outdoor display area accessory to a permitted use is an 60 square metre area in the vicinity of the main entrance to the building provided there is no of

xi

permitted in

display

materials empty pallets containers storage containers or large equipment xii

building

units

refuse

The seasonal garden centre referred to in Section 3k i 22A shall have a maximum area of 930 square metres and

ivx Notwithstanding Section 3 16 e lands zoned C8-4 may be used to accommodate a portion of the required parking spaces for a legally permitted use in an abutting C8-3 zone and or C9-0 zone

3

By adding 22B

a new

Section 22B with the title and text

as

follows

STREET-RELATED COMMERCIAL C9 ZONE

1 Section 22B applies to lands zoned 228 C9 by this exception zone unless otherwise specified

a

By-law

or

any C9

For the purpose of Section 228 the term

i

ii

Bank kiosk shall mean square metres or less

a

financial office with

a

floor

area

of 35

Business establishment any

one or more

shall mean a building which contains of the permitted uses within a C9 zone

iii

Street entrance shall mean one of the principal entrances to a business establishment which shall have a minimum height of 1 metres and a minimum width of 0 2 9 metres and shall be located in the part of the business establishment street fayade which is at or within 0 2 metres above or below finished grade and shall be recessed from the business establishment street faSade a minimum of 1 0 metres and a maximum of 3 0 metres

iv

Business establishment street fagade shall mean the portion of the exterior wall of a building which wall faces a street and in no case shall be angled at more than 45 degrees from a street shown on Schedule 3 to By-law 84-63

v

Drive-through facility

shall mean the use of land buildings or structures or part thereof to provide or dispense products or services either wholly or in part through a window or an automated machine to customers remaining in motor vehicles which are located in a stacking lane Adrive-through facility may

-15-

be established

residential

vi

in

combination

with

other

uses

permitted

non-

Permitted comer fapade

shall mean a portion of the business establishment street fapade which exceeds an angle of 135 measured at the intersection of the wall plane of the cover fapade and the principal portion of the business establishment street

fapade

vii Primary business establishment street fapade shall mean a business establishment street fapade containing the principal entrance to

viii

Stacking

a

business establishment

Zane

which is located

shall on

mean a

the

same

queuing lane for

lot

as

motor vehicles

the drive-through

which is separated from other motor vehicle traffic lot by barriers or curbs

facility

on

and the same

ix

Street

x

Street line shall mean the limit of a public street or future public street shown on Schedule 3 to By-law 84-63 that is the dividing line or the future dividing line between a lot or block and a public street or future public street

shall mean any public street future public street future private street shown on Schedule 3 to By-law 84-63

or

2Permitted Uses 22B No person within aStreet-Related Commercial Cg Zone shall use any land or construct or use any building or structure except as specified in this Section Section 22 3 8 and the applicable provisions of Section 22 4 8

a Permitted Residential Uses Residential

dwelling

second floor

or

units

higher of

permitted to be constructed or used on the building containing permitted non-residential

are a

uses

b Permitted Non-Residential Uses i

assembly hall

ii

bakery shop

iii iv

beer liquor or wine retail outlet business professional or administrative office on the second floor or higher of a building containing permitted non-residential

v

convenience store

uses

vi

day nursery

vii viii

dry cleaning distribution centre eating establishment

ix

financial office

x

laundry-coin-operated

xi

medical or dental clinic on the second floor floor or higher of a building uses

xii

or

higher

containing permitted

place of entertainment

xiii

printing

xiv

private club

xv

retaiVcommercial establishment

or

publishing establishment

-16-

on

the second

non-residential

c

d

xvi

school commercial

xvii

service

xviii

service shop light

xix

tavern

xx

theatre

shop personal and

For the purposes of clarity of the following purposes

i

Adrive-through facility

ii

An

eating

no

portion of

a

building

shall be used for any

and

establishment with

adrive-through facility

Notwithstanding the provision of Section 22 2b 8 ix no more than lwo financial offices with the exception of bank kiosks shall be constructed and used on lands zoned C1-14 C8 or any C8 exception zone and C9 or any C9 exception zone

3 Regulations 228

a

Store Size Restriction Total floor Area of an individual business establishment shall be a minimum of 300 square metres and a maximum of 1000 square metres

b

Yard Requirements

i A building

lot which abuts a public street or a future public street Schedule 3 to By-law 84-63 shall have a yard between the facing wall of the buildings and the limit of the street or streets in question which has a yard width of a minimum of 0 5 metres and a maximum of 3 5metres shown

on a

on

ii A building

on a lot which abuts a future private street shown on Schedule 3 to By-law 84-63 shall have a yard which abuts the limit of the future private street with a yard width of a minimum of 0 5 metres and a maximum of 3 0 metres

iii

3b i and ii where a lot Notwithstanding Section 228 abuts more than one of a public street future public street or future private street shown on Schedule 3 to By-law 84-63 a building or structure constructed or used on that lot is required to comply with the

requirements applicable

to

only

future public street

iv A building

boundary

on a

lot with

shall have

width of 15 metres

a

a

yard

one

of the aforesaid public street

lot line which abuts

a

yard abutting the lot line with

residential a

or

zone

minimum yard

v A

building on a lot with one or more lot lines which is not described in Sections 226 3a ito iv inclusive shall have a yard abutting each lot line with a minimum yard width of5 metres and

vi Sections 228 3b i and ii do not apply to the corner fapade provided that the corner fagade does not exceed 20 ofthe business establishment street fagade c

Building Heights i Height of building containing non-residential uses

17-

maximum

3 storeys

ii Height of residential

building containing uses maximum

a

combination of residential and

non-

6 storeys

d Building Fapade Matedals i A minimum of 40 h of the primary business establishment street facade located between finished grade and an elevation which is 3 metres above finished grade which shall be constructed of transparent glass and ii

A minimum of 10 of any other business establishment

located between finished grade and shall be constructed of transparent or

an

street facade

elevation which is 3 metres

opaque glass

e Street Entrances i Buildings located

on a lot abutting the street lines at the intersection of any of the following intersections shall have a primary street entrance located in the business establishment street facade which faces the boundary of the sight triangle which is neither a street line or a projection of a street line used in forming the sight triangle

Highway

No 2 and Green Road

Highway

No 2 and

Clarington

Clarington Boulevard

or and

Boulevard and Uptown Avenue

ii At least

one street entrance for each business shall be located in a business establishment street facade of a business establishment provided that if the business establishment has more than one business establishment street facade no more than one business establishment street entrance is required

iii Notwithstanding Section 228 3e ii where a building contains three or more individual business establishments only the building establishments located at each end of the provide a street entrance and

iv

f

building

are

required

to

3e i and ii where an individual Notwithstanding Sections 226 business is located in a portion of a building in a manner where no portion of the individual business is located within 20 metres to a street line no street entrance shall be required

Canopies 50

of all

the

buildings within the zone and property limits shall incorporate as an architectural element of the building a canopy over the principal entrance to each business with a minimum depth of 1 5 metres measured perpendicular to the face of the business establishment street facade and a minimum height of 2 5 metres above finished grade g Building Articulation A

building having a business establishment street facade greater than 20 metres in length measured horizontally shall incorporate for at least 20 of its length a combination of wall plane projections and recesses having a minimum depth or projection of 0 60 metres for the full of the height building above finished grade h

Screening

of Rooftop Mechanicals

1g

Notwithstanding

Section 1 3 0 where

a

stacks

or

vents to serve the

finished

elevation

perimeter ii

i

of the

a

of the

roof

ventilation

building the building

i A solid parapet wall with

has

building

containing rooftop mechanical heating

a

flat finished roof

or

air-conditioning

must have either

minimum height of 1 5 metres above the roof which extends around the entire

or

A solid parapet wall or an architectural element or feature integrated with the building extending above its roofline which will prevent rooftop mechanical heating ventilation and air-conditioning stacks or vents from being viewed from a 8 m above the height of height of 1 the curb on Highway No 2 located on the same side of the street as the building a distance of a 150 metres both to the east and west of the easterly and westerly walls of the building in question The height of the solid parapet wall or integrated architectural element or feature shall be extended consistently around the entire building to provide the same level of screening on all sides

Screening

of

Loading Spaces

A loading space shall be screened from a street shown on Schedule 3 to By-law 84-63 by a wall constructed ofthe same materials as the business establishment street facade and having a minimum of 5 metres height above finished grade and a minimum length of 11 0 metres measured

horizontally j

Landscaping i Landscaped Open Space

minimum

10 percent

ii All parking areas shall be separated from abutting streets shown on Schedule 3 to By-law 84-63 by a landscaping strip having a minimum width of 3 0 metres iii A minimum 3 0 metre wide sidewalk located in whole or in part within a street allowance or privately owned lands or a combination thereof shall abut the primary business establishment street facade of all buildings containing one or more business establishments iv Within

a

parking area every row of parking spaces shall abut at each a 5 metres in length and 2 landscaping strip 4 5 metres in

of its ends

width v

k

and

Within

each

row

containing 25 or more parking spaces an intermediate landscaping strip of 4 5 metres in length and 2 5 metres in width shall be provided

Parking i

No motor vehicle parking space shall be located between a

4SPECIAL 226

drive aisle to a and a street line

or

building

parking

space

EXCEPTIONS STREET-RELATED COMMERCIAL C9 ZONE

1 STREET-RELATED 4 22B COMMERCIAL EXCEPTION C9 11 ZONE

a

2b in addition to Notwithstanding Section 228 one be constructed and may building

C9 zone

C9-1

for the purposes of

facility

19

an

the

uses permitted in the used on the lands zoned eating establishment with

drive-through

b

In addition to the other regulations contained in Section 3 228 the additional zone regulations apply to the lands zoned Cg-1

following

Total Floor Area

c

maximum

1580 square metres

None of the provisions of Sections 3 16 e and 226 3b i shall apply to prohibit the construction or use of a building or structure for the purpose permitted in a C9 zone provided that the

following regulations

complied with

are

i A building on a lot which abuts Clarington Boulevard shall have a yard which abuts it with a yard width of a minimum of 0 5metres and maximum of 3 D metres Buildings which abut Highway No 2 other than those legally existing on December 12 2005 shall comply with the yard requirements specified in Section 226 3 b i a

ii Lands zoned Cg-1 may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C1-14 zone and

iii

Notwithstanding

Section 3 226 b ia building on a lot which abuts future public street shown on Schedule 3 to Bylaw 84-63 shall have a yard between the facing wall of the buildings and the limit of the street or streets in question which has a yard width of a minimum of 0 5 metres and a maximum of 4 0 metres a

public street

or a

2 STREET-RELATED COMMERCIAL EXCEPTION 4 226 IC9-21 ZONE

a

In addition to the zone

regulations contained in 226 3 the following additional regulations apply to the lands within the C9-2 zone

i

Total Floor Area

maximum

Notwithstanding

Section 3 16 e lands in a Cg-2 zone may be used a portion of the required parking for a legally

ii

to

accommodate

permitted iii

4000 square metres

use

in

an

abutting

CB-1

zone or

C8-2 zone

Notwithstanding

Section 228 3 a a maximum of three 3 individual business establishments with a total floor area less than 300 square metres but greater than 100 square metres may be constructed and used

3STREET-RELATED COMMERCIAL EXCEPTION fC9-31 ZONE 4 22B a

In addition to the regulations contained in 3 the following additional 226 regulations apply to the lands within the C9-3 zone

zone

i Total Floor Area maximum

3800 square metres

ii A publicly accessible square having

a minimum area of 500 square metres shall be located immediately abutting the intersection of Highway No 2 and Green Road Buildings abutting the publicly accessible square shall have a minimum separation between business establishment facades of 9 m

iii Notwithstanding Section 3 16 e lands zoned Cg-3 may be used to accommodate a portion of the required parking fora legally permitted use in an abutting C8-3 zone and or CBS and

-20-

iv

Notwithstanding

Section 228 3a a maximum of four 4 individual business establishments with a total floor area less than 300 square metres but greater than 100 square metres may be constructed and used

4 STREET-RELATED COMMERCIAL 228 EXCEPTION C9-41 ZONE In addition to the regulations contained in 3 the following additional 226 regulations apply to the lands within the C9-4 zone

a

zone

i Total Floor Area maximum ii

Notwithstanding accommodate use

2

3

in

an

a

1000 square metres

Section 3 16 e lands zoned C9-4 may be used to portion ofthe required parking for a legally permitted

abutting

Ci-7

zone

By amending Schedule 3 to By-law 84-63 as amended to correspond with Schedules A-1 A-2 A-3 and Ate attached to and forming part of this By-law This By-Law shall come into effect the provisions ofSections 34 ofthe

By-Law

read a first time this

By-Law

read a second time this

By-Law read

a

third time and

on

the date of the passing hereof subject to Act R O 1990 cP13 S

Planning

i

day of 1

finally passed

-21-

day of this

1

March

2006

March

day of

2006 March

2p06

This is Schedule A-1 to

passed this

i

day

of

By-law n nar

2006-

04

2006 A D

This is Schedule A-2 to

passed

this

1

day

of

By-law March

2006-

04

D 2006 A

This is Schedule A-4 to

passed this

1

day

of

By-law March

2006-

04

D 2006 A

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BLVD

Zoning Change From C1-7 To H C9-4

John

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F SCHEDiTT D

Coay of Resolution C

EndorsinE Concept Plan for Develoament

COONCILIAg SCBBLy

MUNICIPALITY

OF

CLARINGTON

COUNCIL

RESOLUTION D

M

S

The Council of the

Corporation

of the

Municipality of Clarington hereby resolves that the following drawings endorsed in principle as the Concept Plan for Development of the lands owned by Halloway Holdings Limited subject to the submission and review of detailed plans and drawings under section 41 of the Planning Act be

1

Plan prepared

identified 2

by Sernas Associates

Drawing

A-100 revised

and

Turner Fleischer Architects Inc February 27 2006

Elevation Drawing for proposed Home Depot store prepared by prepared by Turner Fleischer Architects Inc identified as Drawing A3 0 revised January 3

2006 3

as

and

Elevation

Drawing

Drawing prepared by Tumer Fleischer Architects

0 revised A7

December 20 2005

Inc ident ed

as

E SCHEDULE

Copy of Stevens Road Extension Agreement Attached

STEVENS ROAD EXTENSION AGREEMENT

THIS

Mazch

STEVENS ROAD EXTENSION AGREEMENT made

as

of the

ls day

of

2006

BETWEEN

PLAYERS BUSINESS PARK LTD and

hereinafter

called Players

WEST DIAMOND PROPERTIES INC

hereinafter

called West

Both collectively

Diamond

hereinafter called Players-West

Diamond

OF THE FIRST PART

-and-

HALLOWAY HOLDINGS LIMITED

hereinafter

called

Halloway OF THE SECOND PART

-

and -

THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON

hereinafter

called the

Municipality OF THE THIRD PART

WHEREAS

A

Players-West

the Owners and

portions

of which

Diamond and

individually are

s proposed Municipality 43 and OPA 44

These lands

aze

were

as

Halloway hereinafter an

sometimes referred to

Owner respectively

are

the

owners

located in the Bowmanville West Town Centre Official Plan Amendments 43 and 44

adopted by

designated

the

s Municipality

OPA

Council at its

collectively

of certain

as

lands

designated by

the

43 and OPA 44 OPA

meeting

on

March

General Commercial and Street-Related Cornmercial

1

2006

by OPA 44

-2-

They

referred to

are

individually

Owners Commercial Lands 2006-046

and

Understanding

2006-047

are

as

s Commercial Lands and the Owner

Copies

of OPA 43 OPA 44 and

contained

in

referred to in Recital D of this

Schedule

A

Land

Registry

of the

each

This

Agreement

Amendments

Principles

of

No 40

and

are

in the

registered

comprise portions

of

Owner

26612-0113

Players

26612-0114

West Diamond

26612-0024

Players

26613-0106

Halloway

26613-0107

Halloway

26613-0033

Halloway

26613-0034

Halloway

26613-0035

Halloway

deals with the construction of the

between Durham Road 57 and Green Road It is shown OPA

the

following Property Identification Numbers PIN

PIN

C

as

Agreement

Office for the Land Titles Division of Durham

the lands identified by the

of

Zoning By-law

The titles to the Owners Commercial Lands referred to in Recital A

B

D

to

collectively

Stevens Road Extension

planned

on

Map

B attached to

proposed

44 Players-West

Understanding

development

Diamond and

with the

of their

Halloway respectively

Municipality

respective portions

which

were

separate Principles

have entered into

made

as

of March

1

2006

regarding

the

of the Owners Commercial Lands and certain other

matters

E

Each of the

unwinding and also the

Principles

Understanding

in the circumstances set out in

provides

referred

to in

paragraph 2 of each

of the

for their termination under certain circumstances

Halloway Principle

Principles

of

of

of Understanding

Understanding

and

paragraph

Recital D

provides

Principles

of Understanding

as set out

23 of the

in

for its

paragraph

Players-West

22 of

Diamond

-3F

The term Final

same

meaning

Approval

it has in the two

as

that when the term Final Commercial

Lands

whose lands the used in this

when used in this Stevens Road Extension

of Understanding referred to in Recital

Principles

Approval

is used in this

in reference to

Agreement

it shall be deemed to refer to the lands owned

Principles

Agreement

executed

by that

Agreement has

Owner

apply

and when the term Final

in reference to the Owners Commercial

Lands

D except

an

that Owner in

by

the

s Owner

respect

of

Approval is

it shall be deemed to

refer to the lands to which the combination of the lands referred to in both of the

Principles

apply The term Total Floor Area has the

G

same

sZoning By-law By-law 84-63 Municipality within

047

a

the

Large

Format Commercial

of

area

the aforesaid

a

C8

By-law

84-63

by

as

section 2 of

H

is

Zoning By-law area

that in the

case

or

of lands

Amendment 2006-

22A v a 1 i which

Amendment

of buildings

is added to

2006-047

shall be

structures provided that the

and

The execution of this Stevens Road Extension

Clerk is authorized March

provided

it has for the purposes of the

by Zoning By-law

defined in section

excluded from the calculation of the total floor

required parking

as

amended except

as

Zone established

centre

permitted garden

meaning

by By-law

2006-051

passed by

the

Agreement by

the

s Municipality

Council at its

Mayor

and

Municipal

meeting

on

1 2006

NOW THEREFORE in consideration of the TWO DOLLARS

00 and 2

each of the Parties is other Parties

as

other

good

premises

herein contained and the

and valuable consideration

hereby acknowledged

the receipt

sum

whereof

of

by

each of the Parties covenants and agrees with the

follows

RECITALS

1

Each of Recitals A to G is

hereby incorporated

Road Extension

and each shall be construed

Agreement

Agreement

into the

operative part as

of this Stevens

covenants contained in this

-4-

FINANCING TIME FUNDED SECTION

2

a

CONSTRUCTION

OF

AND

MAINTENANCE

AND

REPAIR

DEVELOPER-

OF

STEVENS ROAD EXTENSION

OF

Players-West

Diamond and

Halloway respectively

shall pay to the

Municipality

the cost of construction of the Stevens Road Extension between Crreen Road and Boulevard

Clarington

the Developer-Funded Section

as

provided

in this

Agreement The

b

Municipality

both the

shall be responsible to undertake the

Developer-Funded

Section and the

Stevens Road Extension and shall

specified

in

paragraph 3 provided Municipality

the

of the

Developer-Funded

Municipality acknowledges repair

as

The its

repair of the

FROM

cost the section

responsible

this

Agreement

The

for the maintenance and

and the Owners shall not be

permanently

responsible

for the

Stevens Road Extension

that it will

by

of the date

any necessary land and construct at

to contribute to the cost of the

Development Charges By-law

levy of the Municipality

be commenced

acquire

Municipally-Funded Section

Halloway

than pursuant to the

occur

in

of the Stevens Road Extension between Durham Road 57 and

Boulevard

Diamond and

annual tax

for

and construction

design

DURHAM ROAD 57 TO CLARINGTON BOULEVARD

Municipality acknowledges

Clarington

provided

Halloway

MUNICIPALLY-FUNDED SECTION OF

STEVENS ROAD EXTENSION

3

for the

required

that it shall be

public highway

a

maintenance and

OF

as

Diamond and or

of the Stevens Road Extension at its cost unless and until it is

closed

CONSTRUCTION

Section

Section of the

construction of them at the time

Players-West

with the funds

provide

and construction of

Municipally-Funded

commence

that

design

the on

Municipality

which Final

Approval

Amendments 2006-046 and 2006-047as

is

require Players-West

Municipally-Funded

2005-108 of the

Construction of the as soon as

It will not

Municipality

Municipally-Funded

reasonably practicable

of OPA

they apply to

Section other

43

OPA

or

the

Section will

after the later to

44 Zoning By-law

either ofthe Owner s Commercial

-5Lands

gives

or

the Owners Commercial Lands is

the

Store

Municipality

containing

a

written notice that it intends to

develop

a

which

on

which it has executed with the

on

to terminate the

right

Owner

an

Format Retail

Large

minimum of 2 600 squaze metres of Total Floor Area

of the Owner s Commercial Lands and waives its

Understanding

and the date

received

any

portion

Principles

of

Municipality

COST OF CONSTRUCTION OFDEVELOPER-FUNDED SECTION

4

The

parties acknowledge

that the current estimated cost of construction of the section of

the Stevens Road Extension between

Funded Profile

Section

to

an

Urban Profile

is Five Hundred

Works

596 Dollazs Urban 00 136 of construction of the Schedule B hereto Six

and

Hundred

Estimate

The

Clarington

defined in Schedule A

as

Profile Works Cost

Profile

Forty-Four 321 00 644

Dollazs

5

The

obligations to a

SECURED

Agreement

segregated

s letter

the

BY

account

ofcredit issued

containing

by

a

Twenty-One

Rural

Profile

by each

Owner pursuant to this

hereunder shall either be cash

by

and shall be

Works

the

Municipality

or an

which

Agreement to

Cost

that

are

acceptable

adjusted

from time to time

irrevocable and unconditional

to the

as

secure

shall be deposited in

bank listed in Schedule Ior II of the Bank Act in

terms and conditions

Agreement

Thousand

referred to in this Stevens Road

s Municipality

Finance The amount of each Owner s Performance Guarantee shall be this

defined in

as

PERFORMANCE GUARANTEE

to be provided

Municipality

reserve

estimated cost

set out in Schedule C hereto

are

performance guazantee Performance Guarantee

Extension

Thirty-Six

used for the calculations of the Urban Profile Works Cost

assumptions

TO BE

Rural Profile

a

is Three Hundred

Estimate and the Rural Profile Works Cost Estimate

OWNERS PAYMENTS

hereto Urban

Estimate The current

Section to

Works

Developer-

Thousand One Hundred and

Ninety-Six

Developer-Funded

Rural

Boulevazd and Green Road

provided

as

in this

a

form and

Director of

provided

for in

Agreement

-6NOTICES RESPECTING THE DEVELOPER-FUNDED SECTION

6

Prior to

of any amendment to

Holding symbol

to

the

provide

fifteen is

First

the

s Notice

to the other Owner and the

for the construction of the

after the First Notice is

First Owner and the

provide

Municipality stating

its share of the

accordance with

b

shall

funding

paragraph

7

the

pay the costs of upgrading the an

given give

is made

Municipal Board by

the Initiating Owner

such Owner

given the Responding Owner

a

to the Ontario

appeal

an

Amendment 2006-047 to

Zoning By-law

permitted

funding

15 days

Holding symbol

if

from any portion of the Owners Commercial Lands

Format Retail Store is notice

by the Municipality or

with the enactment

the removal of the H

respecting Board

concurrently

or

the

remove

the H

which

Large

on

shall

Municipality stating

give

a

written

that it intends

Section Within

Developer-Funded

the other Owner to whom the First Notice

written notice

the Second Notice

to the

whether it will

of the Urban Profile Works Cost Estimate in Urban Profile

Option

Developer-Funded

Urban Profile in accordance with

paragraph

9

Section from

the

If the Second Notice is not delivered within such fifteen

or

a

Rural Profile

15 day period

Owner shall be deemed to have selected the Rural Profile

Rural Profile to

Option

the

Responding

Option

FUNDING REQUIRED FOR URBAN PROFILE OPTION

7

If the

Responding

responsible

Owner selects the Urban Profile

to pay to the

Municipality fifty per

construction of the Urban Profile

following

Works

the date that the First Notice is

Performance Guarantee in

an

amount

equal

Works Cost Estimate which shall be used accordance with

paragraph

13 of this

cent

and

Option

50

shall

then each Owner shall be

of the costs of the

not later

delivered deposit to

fifty

by

Agreement

the

per cent

than

Municipality

and

thirty 30 days

with the

50

design

Municipality

a

of the Urban Profile

to pay such costs in

-

FUNDING REQUIRED FOR RURAL PROFILE OPTION

8

In the event that the

Initiating

Responding

Owner shall be

Owner selects the Rural Profile

Municipality

to pay to the

responsible

and construction of the Rural Profile Works Not later than date that the First Notice is

Municipality

a

Performance Guarantee in

to pay such costs in accordance with

FUNDING REQUIRED

If the

TO UPGRADE

Responding

shall be

to

to

equal

submission of an

2006-

to

hundred

100

Section from

Upgrade Works amount

an

to the

application

Commercial Lands of the

H

and

equal

and

to the

one

Upgrade

hundred

from

Urban Profile

an

a

per cent of the

Estimate prior

portion

the

Municipality

the

to the

Amendment

Zoning By-law

any

Owner

per cent ofthe costs

100

Works Cost

to amend

Municipality of the

this

Works

Agreement

the

give

Halloway respectively

or

of the

s Owner

the Rural Profile

Rural

As-Constructed Costs of the Urban

the Rural to Urban

s Municipality

Upgrade

Director

of

written notice to each of of his revised

construction of the Urban Profile Works

Estimate

with

deposit

Responding

AND ADDITIONAL PAYMENTS

Services may from time to time Diamond

Rural Profile to

shall

Municipality

the Rural Profile

contemplated by

a

Holding symbol

Prior to the payment to the

Works

by the Municipality

Responding Owner

REVISED WORKS COST ESTIMATES

Profile

hundred per cent

Agreement

Municipality one

to pay to the

the

with the

deposit

one

then the

remove

the

RURAL PROFILE TO URBAN PROFILE

Developer-Funded

Urban

13 of this

paragraph

estimated costs thereof the Rural to Urban

a

Owner shall

Option

Performance Guarantee in

10

amount

an

design

thirty 30 days following

Owner selects the Rural Profile

responsible

of upgrading the Rural

Initiating

the costs of the

of the Rural Profile Works Cost Estimate which shall be used

100

9

the

delivered

then the

Option

Urban

Works

as

Engineering

Players-West

cost estimate

for

the

Profile Revised Works Cost

Profile Revised Works Cost

Estimate

-8-

or the Rural to Urban and Works Cost

Estimate together

cost estimate The amount to be

Profile

Works the

Works

Upgrade with

explanation

an

paid for

the

to Urban

Rural

design

of the

for the revised

reason

and construction of the Urban

Rural Profile Works and or the Rural to Urban

and the amount of each Owner s

Revised

Upgrade

Upgrade Works

Performance Guarantee

shall be

deemed to be the amount of any Urban Profile Revised Works Cost

Estimate

required

Rural Profile Revised Works Cost Estimate Works Cost

Estimate

as

pursuant to this paragraph

the

or

Rural to Urban

Upgrade

Following

giving

may be

case

the

Revised

of notice

the latest Urban Profile Revised Works Cost

Estimate

the latest Rural Profile Revised Works Cost Estimate and or the latest Rural to Urban

Revised Works Cost Estimate shall be deemed to be the Urban

Upgrade

Profile Works Cost

b

Rural to Urban

Upgrade

purposes of this

Agreement

If the

the Rural Profile Works Cost Estimate and the

Estimate

Works Cost

Director

s Municipality

of

Estimate

Engineering

as

the

Services

case

be

for the

to the

Owners

may

gives

written notice of the Urban Profile Revised Works Cost Estimate

having deposited

the Owners

pursuant

to

paragraph 7

subsequent

Performance Guarantees with the

then each Owner shall

additional Performance Guarantee in

an

amount

deposit equal

with the

to

to

Municipality

Municipality

fifty 50

an

per cent of

the amount ofthe increase in the Urban Profile Works Cost Estimate within thirty ofsuch notice

30 days c

If the

Director of

s Municipality

Engineering

Services

provides

written notice of a Rural Profile Revised Works Cost Estimate

Upgrade

Revised Works Cost Estimate

having deposited paragraph

8

or

9

a

Performance Guarantee with the the

as

with the Municipality one

hundred

100

an

as

the

case

case

may

be

then the

to the

an

Owner

Rural to Urban

responsible

Owner

Municipality pursuant

responsible

Owner shall

additional Performance Guazantee in

an

amount

to

deposit equal

to

per cent of the amount of the increase in the Rural Profile

Works Cost Estimate

Estimate

subsequent

or a

to

or

the Rural

maybe

within

to Urban

Upgrade

thirty 30 days

Revised Works

of such notice

Cost

-9-

AS-CONSTRUCTED COSTS

11

of the Urban Profile

Upon completion Urban

Upgrade Works

Services shall

to the

following

case

on

2001

the

be

which this written notice is

Urban Profile Works Cost

Estimate

to Urban Upgrade Works Cost to it

given

thereof pursuant to

by

the

or

9

public

road

case

the

Estimate

or

to the

Owners

Guarantee not Profile

required

Works

thirty 30 days the Owner

MUNICIPALITY

12

or

TO

applicable

after written notice is

Owners

CONSULT

the

design

of and

as

WITH

the

case

or

change

orders

any amount

by which

Estimate

the Rural as

the

determined

by

Estimate

are

the Rural to Urban

design

Upgrade

Works

shall return any Performance

and construction costs of the Urban

the Rural to Urban to this

Upgrade

paragraph by

Works within the Director to

maybe

OWNERS

prepazation

requested

or

given pursuant

or

their

consulting engineers

in

of the tender documents for the Urban Profile

Rural Profile Works and the Rural to Urban or

the Rural

for the costs

responsible

Municipality

Municipality

The Municipality will consult with the Owners the

or

forthwith after written

applicable

If the as-constructed costs

for the payment of the

the Rural Profile Works

the

Diamond and

of Engineering Services to be less than the Urban Works Cost

whichever is

Estimate

10 days

s Municipality

Estimate

the Rural to Urban Upgrade Works Cost

Estimate the Rural Profile Works Cost Estimate Cost

the

Players-West

the Owner that is

shall pay the

maybe As-Constructed Payment

sDirector Municipality

by By-law passed

No later than the ten

such as-constructed costs exceed the Urban Profile Works Cost Profile Works Cost

Engineering

If the as-constructed costs exceed the

whichever is

Municipality 8

given

a

the Rural Profile Works Cost

Estimate

pazagraph7

as

of

written notice that the Stevens

written notice to

give

of the as-constructed costs thereof

demand is

Halloway

the Rural to

or

sDirector Municipality

Completed

Director of Engineering Services shall

Halloway

the Rural Profile Works

and dedicated

completed

Municipal Act

the date

may

Diamond and

give Players-West

Road Extension has been

pursuant

the

as

Works

Upgrade Works

and in

to the construction contracts therefor

respect

Works

respect of any

During regular

of

the

extras

business

-lohours of the

Municipality

Engineering

Services in advance not less than

the

Municipality

contract

the

as

plans and

case

BY THE

13

The

may

be

arranged one

a

sDirector Municipality

of

week prior to the call for tenders

by

with the

1

order

change

the Owners shall be

given

reasonably required

the

or extra to

opportunity

the construction to

inspect

such

for such consultation

MUNICIPALITY

the

use

shall

performance

Guarantee

and

the

As-Constructed

Payments

provided by

the Owners in

respect

of the Urban Profile Works Cost

Estimate

to pay for costs

actually

incurred in respect ofUrban Profile

Works the

only

and shall pay

Performance

provided by ii

time to be

may be

as

Municipality

i

a

to the issuance of

prior

documentation

USE OF FUNDS

a

or

at

fifty

per cent

Guarantees

50

or and

of each such cost incurred from the

As-Constructed

each Owner

use

the Performance Guarantee and As-Constructed

the

Initiating

only

Payments

Payments provided by

Owner in respect of the Rural Profile Works Cost Estimate

to pay for costs

actually

incurred in

respect

of Rural Profile

Works

and

iii

use

the Performance Guarantee and As-Constructed

the

Responding

Cost Estimate Urban

b

s Municipality

inspect copies the costs

so

approved purchase costs

to pay for costs

business hours of the

advance with the

verify

only

respect

of the Rural to Urban

actually

Upgrade

Works

incurred in respect of Rural to

Upgrade Works

During regular

may

Owner in

Payments provided by

Municipality

Director of

of such documentation incurred

by

the

at

a

time to be

Engineering Services as

may be

arranged

the Owners

reasonably required

Municipality including copies

in

of

to

invoices

orders and or certified progress certificate in respect of such

-11-

CONSEQUENCES

14

OF

DEFAULT

In the event that either

or

both of

any Performance Guarantee to this

or

occupy any

Lands

make any payments to the

within the time

Agreement

apply for

or

require Large

Format Retail Store

permit on

Building

fail to

Halloway

the Owner in default shall not

for the construction of or occupancy

have been

fully deposited

or

by

or

s Commercial of the said Owner

portion

any

Code Act until such Performance Guarantee

payments including the payment of any interest that has accrued pursuant

15

provide

Municipality required pursuant

periods required herein

the issuance of any

to the Ontario

pursuant

Diamond and

Players-West

to

or

paragraph

made

UNPAID MONIES

15

Except under

as

it

otherwise

unless

different due date is

a

after the date of the Diamond and or of such

payment

the date

on

specified

as

the

case

the due date of any money

in this

by

Agreement

the

may be Where

interest shall be calculated and be

on

manner and at the

Agreement

of written notice

giving

Halloway

Owner in default

in this

provided

all

sums

same

Municipality

an

as

which the default in

is the

case

question

with

to

10 days

Players-West-

Owner is in default in

paid

to the

for the Owner is in default at the

time

shall be ten

municipal

same

payable

respect

Municipality by rate and in the

taxes which

are

in

the

same

arrears at

commences

OBLIGATIONS NOT JOINT

16

The

obligations

Extension

of each of Players-West Diamond and

Agreement are several

and not joint

or

joint

Halloway

under this Stevens Road

and several

-12-

CONDITION TO CONSENT

17

DIVIDE OR APPROVAL

TO

Players-West

Diamond and

condition

the

by

provisional

Region

of

a

draft

requiring this

plan the

or

by

DRAFT PLAN

consent to the

Halloway hereby irrevocably

of Durham Land Division Committee

consent to divide their

Commercial Lands

OF

the

respective

lands

comprising

approving authority under

the

a

on

application

an

Act

on

the

of subdivision which would divide any such lands into lots

deposit

of the Performance Guarantee

a

for

of the Owners

portion

Planning

of

imposition

required by paragraphs 7

approval blocks

or

8 and 9 of

Agreement

ACTING REASONABLY

18

decisions of officials of the

All

discretionary

are

referred to in this

Agreement

Municipality

shall be deemed to be

and the

Municipality

qualified by

the words

which

acting

reasonably

ASSUMPTION AGREEMENT REQUIRED

19

a

Players-West

Agreement

indispensable including or more

such

a

are

with the

deposited

condition of any

entitlement to

covenant

portions

or more

sale mortgage

of the Owners an

of the whole

respective

unexpired

or

any one

or

or more

lands term

or

it shall be

charge

or

any

may

be

conditional

obligations

on

an

the transaction in

and

Agreemenf a

has entered into

covenants

Where

leasehold interest is

a

agreement

portions

with the

for

in

mortgage charge lease

given by

way of

this

or

or

of such or

and

a

term

any

one

sublease of

entitlement to

lands

renew

of

that each

sub-lessee

Municipality prior

question taking place assuming

provided

7 of

general

lease for

assignment

proposed transferee mortgagee chazgee lessee assignee case

a

a

either of the whole

including

or more

and agree with the

required by paragraph

Municipality

of 21 years

renew

leasable interest with

21 years

Halloway severally

that until the Performance Guazantees

Municipality this

Diamond and

as

the

to and

each of their

Agreement Assumption

assignment

of lease

security for financing

or

sublease of

then such mortgagee

-13-

chazgee lessee assignee

Party

the

as

mortgagee the

s s Halloway Diamond

West

Players

case

may

this

to

or

to such

sub-lessee takes

acquired

entered into

hereby such

b

all

Assumption Agreement

an

released from its

Concurrent with the Diamond and

Municipality

Halloway an

containing

and

requires

of this

to the

such terms

or

consent of the

of a

shall be fact

interest

granted

prior

as

the

and the

such Owner in

any

or

a

portion or an

thereof without the

Assuming Party

Municipality by

3

of

Agreement

has been made

notice in

weeks prior to the date

prior the

as

one

of

written

case

writing given

may

to the

in the notice

specified of lease

the

or

sublease of

may be The written consent of the

Municipality

Registry

Office of that

interest

pazagraph 19 a

assignee or sub-lessee

Act to restrict

Land

proposed transfer mortgage charge lease assignment

leasehold

provisions

form

registerable

sub-lease of a leasehold in

Municipality shall notify the

to the date ofthe

sub-lease of

case

West

Players

each of them shall deliver to the

by

of lease

The Owner

not later than three

maybe

then the Owner is

each of

proposed transfer mortgage charge lease assignment

leasehold

or

or

shall request the consent of the

Municipality

a

Municipality

assumed

sSolicitor acting reasonably Municipality

lease assignrnent

the Owner s Commercial Lands

been

as the case

Municipality

made pursuant to section 118 of the Land Titles

transfer charge

be

sub-lessee

Agreement by

executed

the

as

have

assumed

so

Municipality

application duly

and covenants of a

and covenants hereunder to the extent that

obligations

delivery

or

with the

and covenants have been

obligations

obligations

control of

or

of the Owner s Commercial Lands and has

portion

or a

possession

Municipality

than the

unconditionally by atransferee lessee assignee who has

assuming parry s Assuming

an

Where the

security

other

Agreement

or

assume

and covenants unless and until such

be obligations

chazgee lessee assignee

property pursuant

party

thereunder shall not be bound to

sub-lessee

or

aze

as

the

case

may

be provided

satisfied and ii any necessary

that

i

the

Assumption

by the proposed transferee mortgagee chazgee lessee

as the case

maybe

-14On the

c

deposit

paragraphs

7

with the

or

8 and

9

Municipality whichever

shall terminate and have

cooperate with and their

application

and

or

or

effect and the

execute any necessary documents

in

Municipality

prepared by

shall

the Owners in

to expunge the Notice under section 118 of the Lands Titles Act

respective

amendment thereto

deposited

required

are applicable paragraphs 19 is a and 19 b

further force

no

from the title to the Owners survey

of the Performance Guarantees

on

required

lands

Any

necessary reference

accomplish

to

title at the cost of the Owner

or

an

this end shall be

Assuming Party

plan

of

prepared

as

the

case

maybe

NOTICE

20

If any notice

or

other document is

by

any official of the

the

Municipality

post

or

required

Municipality to

to be

or

the Owners

such notice shall be transmitted

maybe given by

by

this

Agreement

by telefax

by

by

Properties

30 Floral

Parkway

Concord

ON L4K 4R1

Attention Mr Robert o c

Inc

DeGasperis

Players Business Park Langstaff Road

Ltd

1700

Suite 2003

Concord ON

L4K 3S3

Attention Mr Bruce Fischer

Halloway Halloway Holdings Limited 177 Nonquon Road 20 Floor Oshawa

ON L1G 3S2

an

or

Owner to

first class

Players-West Diamond o West Diamond c

and

or

Municipality

delivered to

The Owners

and

mailed

the

prepaid

-15-

OR To the

The

Municipality of Clarington Temperance Street Bowmanville ON L1C 3A6 Attention Director of Planning

Municipality

40

Fax

or

such other telefax number

in

writing Any

or

or

sufficient notice under the terms of this 30 p 4 m

on

any business

905-623-0830

address of which either

such notice telefaxed

mailed

or

Agreement

party has notified the

and if telefaxed

mailing

thereof

anticipated set out

may

Notwithstanding

that due to Force

above

the

Majeure

be

anticipated

and

foregoing

or

and

prior

to

holidays

transmission and if on

the third

statutory holidays following

in the event that it may be

the

reasonably

any notice will not be received within the time limit

then such notice shall be sent

reasonably

delivery

party

good

delivered

it shall be deemed to have been received

day excluding Saturdays Sundays

business

or

and statutory

day excluding Saturdays Sundays

by pre-paid registered mail

other

delivered shall be deemed

shall be deemed to have been received at the time of mailed

Services

will

by an

cause

alternate

the

means

notice

to

of transportation which

be received

reasonably

which is

imposed by

the addressee

expeditiously by

FoxcE MAaEURE

21

Force

Majeure

reason

of

means

rebellion

or

casualty

or an

enumerated

by

civil

or

Owners shall far

as

for the duration of the wars

commotion

fire

or

acts of

military authority

explosion flood wind or

otherwise not within the control of the

by

or act or

omission

by

the exercise of reasonable effort

same

is within the

delay

nuclear and radiation

Act of God and any act omission

notify the Municipality

the

or

epidemics washouts

the deliberate default

been avoidable

so

delay

strikes lockouts riots

enemies sabotage

caused

any

water

acts of

activity

or

earthquake

public

fallouts or

other

event whether of the kind herein

Owners

none

such party and or

of which has been none

foresight by

of which has

such

party

The

of the commencement duration and consequence

knowledge

of the

Owners

of any Force

Majeure

-16-

affecting

the

obligations

of any of its

performance

hereunder within

thirty 30 days

of

such lrnowledge

UNWINDING

22

a

OR TERMINATION OF AGREEMENT

If both the West

and

the

as

provided therein

this Stevens Road Extension

further effect

on

the

to unwind

or

to

later than

sixty 60 days

day

on

terminate

on

by

the

Municipality

of this

paragraph

Agreement unwinds

no

no

which this Stevens Road Extension

provided

to the

have not been used in accordance with this

returned without interest

of

of Understanding

Principles

terminates If this

after the date

Principles

and the

provisions

Players-

shall unwind and shall have

which the latest of such or

the

Halloway

for the

the Performance Guarantees

Agreement unwinds they

save

Agreement

unwinds

and

Municipality

also dated March 1 2006 between

unwind or terminate

the extent that

dated March 1 2006 between

Understanding

1613881

Diamond

Understanding

22

of

Principles

Municipality

to the

party

Municipality

Agreement

who

paid

to

will be

them to the

Municipality b

If

one

only but

Diamond between

not both of the

and the

1613881

Halloway

and the

Principles

of Understanding between

Municipality Municipality

and the unwinds

Principles

of

Players

West

Understanding

terminates pursuant to its

or

provisions i

the

provisions

apply

save

Principles

of this Stevens Road Extension

of

Understanding

that has not unwound

which has unwound

the

or

Owner

Municipality

give

party

to the

to the

terminated shall be

Principles

Agreement

of

Understanding

shall be deemed to have been

effect to the intent of this

respecting

or

party

terrinated and remains in effect All necessary

to this Stevens Road

made in order to

ii

shall continue to

that all references to and to the duties of the

deemed to be references to the

changes

Agreement

whose

have not unwound

Principles or

paragraph 22 iand b

of

terminated

Understanding shall be

with the

responsible

to pay

-17-

for

the

paragraphs 8 the

10 andl 1 and

Municipality

required

to be

on

provided

as

payment

in

Profile

If

c

an

the Owner

to

duty

paragraph 11 to pay

an

that

amount

to one-half the cost of the Urban Profile Works

s Owner

Municipality

to

pursuant

8 and 10 and any amount

paragraphs

Owner shall be deemed to be released from its

equal

Works

of the Performance Guarantee to

Municipality pursuant

to the

paid

Rural

the

constructing

of

costs

of

Principles

Understanding

shall execute at that Owner s

as are

necessary to

remove

the

has unwound

request

terminated

or

such documents

registration

of this

the

prepared by

Agreement

or

Notice

thereof and the Notice under section 118 of the Land Titles Act referred to in

paragraph 19 c

from the title to that Owner s Commercial Lands

For the purposes of this

d

Understanding

paragraph 22

or

the

the

of

a paragraph 23

Understanding

Municipality

and the

Diamond

of the

Players-West

of

delivery by Players-

Principles

Diamond

of

of Understanding shall be deemed to

delivery by Halloway

termination in accordance with the

Principles

of a notice of termination in accordance with

Halloway Principles

have terminated upon the

Principles

Players-West

shall be deemed to have tenminated upon the

West Diamond

provisions

the

provisions

or

the

of a notice of

Municipality

of paragraph

a 22

of the

Halloway

of

Notice of

of Understanding

REGISTRATION

23

hereto other than the

The

parties

this

Agreement

after

an

as a

Municipality

charge against

Owner has satisfied its

consent to the

necessary to remove the

obligations pursuant

registration

that Owner s Commercial Lands

a

the title to the Owners Commercial Lands Forthwith to this

Agreement

shall execute at the Owner s written request such documents are

registration

of this

Agreement

or

the

prepared by

Municipality

that Owner

as

Notice thereof from title to

-ls-

TERMINATION OF AGREEMENT

24

derogating

Without

paragraph

from

survive its termination under this on

the

paragraph 24

this

11 and 15 which shall

pazagraphs

Agreement shall

terminate

on

which written notice that the Stevens Road Extension has been Completed is

s Municipality

derogating

Director of

from the

Engineering

provisions

of

necessazy to

remove

the

Services

request

registration

such documents

of this

to

pursuant

paragraph

forthwith thereafter the

paragraph 23

shall execute at the Owner swritten are

22 and except

Agreement

prepared by or

Notice under section 118 ofthe Land Titles Act referred to in

the

day

given by

11 Without

Municipality

that Owner

as

Notice thereof and the

paragraph 19 c

from the

title to that Owner s Commercial Lands

TIME OF THE ESSENCE

25

Time is of the

essence

of this

Agreement

AUTHORITY OF MUNICIPALITY

26

Players

West Diamond and

authority

to enter into this

law and

fully

Agreement

enforceable

Municipality

in reliance

Diamond and

Halloway

Halloway acknowledge

by

on

as

the the

that every

parties

and agree that the

provision

and that this

acknowledgement

has

hereof is authorized

by

the

is executed

by

the

Agreement

and

Municipality

agreement

of

Players

West

aforesaid

STATUS STATEMENT

27

Within ten shall

10 days

provide

standing

a

of

receiving

a

written

written statement either

request

confirming

and not in default of any provisions of this

and extent to which such

requesting

from any

that the

Owner

requesting

Agreement

Owner is in default

or

the

Municipality

Owner is in

setting out the

good

manner

The statement shall also

-19confirm the total amounts of the Performance Guarantee and payments that have been

by the requesting

made

Owner to the

Municipality pursuant

to this

Agreement

FURTHER ASSURANCES

28

parties hereby

The

covenant and agree to forthwith execute

documents instruments and out

and give

against

effect

to

assurances as

may be necessary

the true intent of this

provide

required

to this

Agreement

provisions

of this

Agreement

all fiuther

in order to carry

and to effect the

subject

and release from title to the lands

other instruments in accordance with the

Agreement

or

and

registration

of such notices

or

ENUREMENT

29

This

Agreement

their

respective

shall

enure to

successors

and

the benefit of and be

assigns

COUNTERPART EXECUTION

30

This

Agreement maybe

executed in counterparts

binding

on

the Parties

hereto

and

-ZO-

IN WITNESS WHEREOF the Parties hereto have hereunto have set their hands and seals the

day

and year first above written and the Parties hereto have hereunto affixed their

corporate

seals by the hands oftheir proper officers duly authorized in that behalf

SIGNED

SEALED AND

DELIVERED

THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON

In the presence of

John

Clerk

WEST

DIAMOND I PERTIES INC

Name Name

If

Title

I

Title

PLAYERS BUSIDINI S 1BARK LTD

Name

Title

Name

Title

iO HALLOW I

Name Name

l0 1

GS

B LrM

UN Title 1 7 J Title

i

7p

n

SCHEDULE A Develouer-Funded Section of Steven Roads Extension -Urban Profile The term Urban Profile

means

the

following

Roads and Storm Sewers

Preparation

1

Site

2

Earth Excavation

3

Granular A

150mm

4

Granular B

450mm

5

40mm HL3

6

80mm HL8

7

Curb and Gutter

8

5ubdrain

9

Storm Sewer Pipe

10

Catch Basins

11

Catch Basin Leads

12

Storm Sewer Manholes

13

Contingencies

14

Design

15

Contract Administration

lm depth

Streetscape

1

Decorative Street

2

Concrete Sidewalk

3

Concrete Sidewalk

4

Topsoil

5

Trees

6

Contingencies

7

Design

8

Contract Administration

Lights

Om Width 2

SCHEDULE B

Developer-Funded Section of Stevens Road Extension -Rural Profile The term Rural Profile

means

the

Roads and Storm Sewers

1

Site

2

Earth Excavation

3

Granular A

150mm

4

Granular B

450mm

5

40mm HL3

6

80mm HL8

7

Storm Sewer

8

Catch Basins

9

Catch Basin Leads

10

Storm Sewer Manholes

11

Contingencies

12

Design

13

Contract Administration

Preparation lm depth

Pipe

Streetscape

1

Decorative Street

2

Topsoil

3

Contingencies

4

Design

5

Contract Administration

Lights

and Sod

following

SCHEDULE C Urban Profile Works Cost Estimate

and Rural Profile Works Cost Estimate

Attached

i M i

M

I

L 3

i

o

LL

c

U

I I

U o

c

06 Q LL1

Z

O

v

a

Z Q

W

v

O

o

c

C U C

y

d

V 0

v e

I

fA

C Z

o

H U

i

t

d

O

C V

Q

g

t

a c

Z

i N

coo

I

I

o v a

F W -

-a

J 0

M

I S

J

J

Z

Z

c m

lL m

0

W N

C o

I

C

I

R

i

U

I

I

I

I

I

O

i

m O

y

O

i

O

V

0 O

O

c

U

N

C

i

I d

C

-

U

I

w ocE

OC

-

d

i

i

i

O O

i

c

i

i

21-Se -05

MUNICIPALITY OF CLARINGTON BOWMANVILLE WEST MAIN CENTRAL AREA 9 m WIDTH URBAN SECTION UNIT COST PER METRE TO CONSTRUCT STEVENS ROAD S

item

Spec

No

No

Gescri

tion of Item

Estimated

Unit

Unit Price

Total

Quanti

ROADS

STORM SEWERS

00 10 -

SITE PREPARATION

2

0 EARTH EXCAVATION

-

----

1

Im depth

90 10

M CU

00 8

20 87

3

A GRANULAR 150mm

76 3

T

00 18

72 67

4

B450mm GRANULAR

87 11

T

00 12

44 142

5

0 40mm HL3

02 1

T

00 65

57 66

6

SOmm HL8

05 2

T

00 57

75 116

7

CURB

00 2

M

00 45

00 90

8

SUBDRAIN

00 2

M

00 10

00 20

9

STORM SEWER PIPE

67 0

M

D0 200

00 134

10

CATCH BASINS

03 0

EA

00 1800

24 48

11

CATCH BASINS LEADS

13 0

M

00 125

91 15

12

STORM SEWER MANHOLES

02 0

EA

00 4000

00 67

USE

865 82 00 900

GUTTER

TOTAL ROADS

STORM

Contin encies

Design Contract Administration

00 10 00 7 00 10

TOTAL ROADS AND STORM imate Plus 52006 Cost Es

58 86 61 60 58 86 60 0 1 99 160 1 00

21-Sep-OS MUNICIPALITY OF CLARINGTON

BOWMANVILLE WEST MAIN CENTRAL AREA STEVENS ROAD STEETSCAPE TREATMENT -TYPE 1 -FULL TREATMENT

Item

Spec

No

No

Description

stimate

of Item

Unit

nit Pric

Total

Quanti

STREETSCAPE

1

DECORATIVE STREET LIGHTS

03 0

EA

00 5000

00 165

2

TREE GUARDS

00 0

EA

00 400

00 0

3

TREE GRATES

00 0

EA

00 800

00 0

4

BENCHES

00 0

EA

00 1200

00 0

5

TRASH RECEPTICALS

00 0

EA

00 800

00 0

6

BIKE

00 0

EA

00 400

00 0

7

SIGNAGE

OD O

S L

8

CONCRETE SIDEWALK

00 2

M2

00 45

00 90

9

PRECAST PAVERS PEDESTRIAN

00 0

M2

00 85

00 0

10

PRECAST

VEHICULAR

00 0

M2

00 95

00 0

11

CONCRETE SIDEWALK

00 2

M2

00 45

00 90

11

TOPSOIL

12 1

M3

00 20

33 22

12

TREES

17 0

EA

00 450

35 74

SODDING

50 5

M2

RACKS

PAVERS

Om 2

WIDT

----

50 2

encies

Design Contract Administration

75 13 43 455

SUB-TOTAL STREETSCAPE CONSTRUCTION

Contin

00 0

00 10 00 7 00 10

TOTAL STREETSCAPE Plus 52006 Cost Estimate

54 45 88 31 54 45 578 39 00 610

N O O N

e

QY d

0

O

N

N

e

Q

N

O

U

rn c

a

o

LL

c

U

R

U

W

C

Q

w

g

D

W U

Q Z Z O

Z fW

c d

Fss

NV m c

c w 3

O

i0 N

N

O

o N

Y

U

V

coif

Y

W

o

E

U

Q

y

A V

w

v

J U

Z O Q

LLO

H

av

0 w

J Z

cD

w

9

cn

F W

o

U

W

Z

J

O

-

O

QH W

m c

O Q p

N

m

d

t

a

Z

l6

d

W O

W O w O

d

7 O

-

Q

M

O R

C

a

Y

W

C

O

U

y

w

O

o

v

O m f0

U o

O

ai

c

OJ

o F

t9

d O

R w

c i C9

21-Sep-OS MUNICIPALITY OF CLARINGTON BOWMANVILLE WEST MAIN CENTRAL AREA UNIT COST PER METRE TO CONSTRUCT STEVENS ROAD RURAL ROAD SECTION

Item

Spec

No

No

Description

of Item

Estimated

Unit

Unit Price

Total

Quantity ROADS a STORM SEWERS

1

2

SITE PREPARATION

0 EARTH EXCAVATION

----

00 10

----

-

Im depth

3

A GRANULAR 15Dmm

4

B450mm GRANUTAR

90 10

76 3

87 11

00 8

20 87

T

00 18

72 67

T

00 12

44 142

M CU

5

0 40mm HL3

02 1

T

00 65

57 66

6

SOmm HL8

75 0

T

00 57

01 43

7

CURB

00 0

M

00 45

00 0

8

SUBDRAIN

00 0

M

9

STORM SEWER PIPE

20 0

M

00 200

00 40

10

CATCH BASINS

01 0

EA

00 1800

40 14

11

CATCH BASINS LEADS

04 0

M

00 125

75 4

12

STORM SEWER MANHOLES

01 0

EA

00 4000

00 20

13

AUXILARY LANES AT INTERSECTI

00 0

M

00 225

00 0

GUTTER

TOTAL ROADS

00 1

09 496

STORM USE

Contingencies Design Contract Administration

00 0

00 10 00 7 00 10

00 500

61 49 73 34 61 49 03 630

TOTAL ROADS AND STORM PIOs 5 2006 Cost E timate

00 665

21-Sep-OS MUNICIPALITY OF t LARINGTON BOWMANVILLE WEST MAIN CENTRAL AREA STEVENS ROAD STEETSCAPE TREATMENT -RURAL ROAD SECTION

Item

Spec

No

No

Description

of Item

Estimated

Unit

Unit Price

Total

Quantity

STREETSCAPE

1

DECORATIVE STREET LIGHTS

03 0

EA

00 5000

00 165

2

TREE GUARDS

00 0

EA

00 400

00 0

3

TREE GRATES

00 0

EA

00 800

00 0

4

BENCHES

00 0

EA

00 1200

00 0

5

TRASH RECEPTICALS

00 0

EA

00 800

OD O

6

BIKE RACKS

00 0

EA

00 400

00 0

7

SIGNAGE

00 0

S L

8

CONCRETE SIDEWALK

00 0

M2

00 45

00 0

9

PRECAST PAVERS

PEDESTRIAN

00 0

M2

00 85

00 0

10

PRECAST

VEHICULAR

00 0

M2

00 95

00 0

11

CONCRETE SIDEWALK 2 Om WIDTH

00 0

M2

00 45

00 0

11

TOPSOIL

12

TREES

SODDING

PAVERS

SOD

See Above

--

M2

00 5

00 50

00 0

EA

00 450

00 0

00 0

M2

50 2

00 0

00 10

00 215

SUB-TOTAL STREETSCAPE CONSTRUCTION

Contingencies Design Contract Administration

00 0

00 10 00 7 h 00 10

50 21 05 15 50 21 05 273

TOTAL STREETSCAPE Plus 52006 Cost Estimate

00 290

SCHEDULE F

Cross-Section Drawings

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N N z

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W

w a

w

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O

0

N

E 0

0 C

E

O

O

O

O

z

0

N I

w i

O N U

N

M

y

-

Z

O O

J

Z

Q

E 0 N

E

O

N

z

W

U

m

z

Q

a

3

K

C7

C7

O

E

E

N

z

LL

Z

U

O o

z

o

0

m H Z w

I

NI

-

a

v

0

VI

j I

iI

E

M

W

Q W

o

J

w

M

E

N

O

U

Qz

0

N

U

J

Z

O

O

U 0 w z

w

w

a

Z

J

-

Q z

m J

w

a

of w m

o

50

a

W

1 L

0

H

LJ

W

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Z

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EE E E

C

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v

C d W

C W

o

6 3

3 2

00

H

m

N

O

O

R

L F

West Bowmanville Town Centre Private Street Cross Section

SEGMENT A

20 metre

this may r w o

intersects with

Engineering 0 10

m

Street to first East-West

King

a

public

be

tapered

private

street

street to the satisfaction of the Director of

planted 8

on

both sides

C and setback 1 5 metre O

C standards 40 metres O

SEGMENT B 20 metre m

down where the

to 12 0 m curb face to curb face

trees to be

0 10

driveway

Services

hard surface boulevards

light

Requirements

on

Between East-West

m

from curb

both sides of the road

driveways

w o r

to 12 0

trees to be

m

curb face to curb face

planted

light standards

5 8 metre O C and setback 1

m

from curb

C on both sides of the road 40 metres O

west side will include

i ii

0 metre wide sidewalk 2 05 metre 2

abutting parking spaces containing street landscaped boulevard

trees and shrubs

east side will include

i

landscape boulevard containing street trees and enhanced landscaping providing screening of parking areas 05 m wide 4

SEGMENT C 20 metre 0 10

m

Second East-West

driveway

to Stevens Road

w o r

to 12 0

m

curb face to curb face

landscaped boulevards on both sides as approved by the Director of Planning and the Director or Engineering trees to be planted 8 metre O C and setback 1 5 m from curb except in paved area providing access to the loading and service areas C on both sides of the road light standards 40 metres O combination of hard surface and

G SCHEDULE

Terms and Conditions of Agreement of Purchase

and Sale of Private Roads

Without Sale

L

arising

from

Taxes and rent shall be

The

paragraph

from the exercise of the

Date

2

derogating

as same

maybe

Municipality

pursuant

Option

between the

Agreement ofPurchase

following

terms and conditions

Complefion

and allowed to the

parties

and

extended pursuant to the terms of this Schedule

pemutted until

to the terms of this

Schedule

shall be free

encumbrances except

the

Principles

shall contain the

apportioned

shall be

Private Road C

7 of these

as

the

Completion Date as

extended

maybe

to search title to Private Road C Title to the

clear from

and

same

specifically provided

liens

restrictions charges

all

for in these

Principles

and

save

and

and except

for

a

any

registered municipal agreements

to ensure

relevant

the

and

complied

completion

municipality or regulated utility

any minor easements for the

b

supply

with

evidenced

as

or

by

security

has been

a

letter from the

and

or

telephone

services to

to title is made in

writing to

the Vendor

of domestic

utility

Permitted

Encumbrances

If

within the time

or

the Vendor s solicitor and which the Owner is unable to remove

the

Completion

its

option

writing

publicly

property or adjacent property

collectively

3

compliance

with

registered agreements

such have been

regulated utilities providing

posted

and

provided

any valid

Date and which the

from time to

to the Vendor

or

time

objection

Municipality

may extend the

the Vendor s solicitor

remedy

will not waive then the

or

Municipality

Completion Date by giving setting

satisfy by

forth such extended

at

notice in

Completion

2

Date provided

that the last of such extended the

90 days following

s the Date faith and

going

original Completion

Vendor shall seek to resolve

diligently

Save

any valid

as to

to the root of title the

or

Until

Date

all such

satisfy

objection

Municipality

Dates is not

Completion

made

so

shall be

the

more

extended

objections

and except

than

Completion

to title in

for any

deemed to have

conclusively

ninety

good

objection accepted

the Vendor s title to Private Road C

4

If the Vendor has been unable to remove

completion Date

the

then the

Schedule pursuant

to the

Vendor

agrees

Expropriation

Municipality

Municipality

at its

option

satisfy

any valid

may deliver

objection to title by

Notice of

a

and the Vendor agrees not to

may thereafter the

that notwithstanding

the

or

may have been extended pursuant to the terms of this

as same

Expropriations Act The

Expropriation

and

remedy

compensation payable

register

date

of

a

dispute

Expropriation

such Notice of

Plan of Expropriation and the

registration

of

such Plan

of

to the Vendor and any encumbrances shall be

a

nominal consideration

5

The

Option

shall

run

with and bind the title to Private Road C and shall be

the Vendor s successors and

6

No

reference

prejudice

or

or

in

or

dependent

On the

upon any other such one or more

Completion Date

be necessary for the

satisfy

the

Municipality the

remedy

in these

the

in respect

but the

Municipality

shall be

Municipality

shall

or a

whether allowed at law

may from time to

time

in combination

the amount if any which shall

to pay to the Receiver General for Canada in order to

in respect of tax

of the Income Tax Act

Certificate

or

paid

payable by

by reasons

shall not claim such credit if the Vendor

prescribed

thereof

the

No such remedy shall be exclusive

independently

Municipality

Municipality

remedy by

or

Principles

remedy

such remedies

sliability Municipality

residencyprovisions

specific right

it from any other

equity or expressly provided

or

upon

assigns

exercise of any

preclude

exercise any

7

to

binding

Statutory

the Owner under the

ofthe exercise of the

delivers

on

the

Option

non-

The

Completion Date

Declaration that the Vendor is not then

a non-

3

resident of Canada

Municipality amended

8

The

or

9

Time

repealed

shall

in all

replaced

save

respects

on

the

Date to the

Completion

of the transaction with the

Law

Family

Act

as

prepared

in

from time to time

for the Land Transfer Tax

be of the

essence

any matter provided for herein

writing signed by

are

and

compliance

deliver

Affidavit

shall be

form at the expense of the Vendor

completing in

evidence of

Deed Transfer

registrable

The Vendor shall also

the

expressly appointed

Municipality in this

11

The

Province of Ontario

extended

or

that the time for

abridged by

by their respective

an

doing

or

agreement

solicitors who

regard

Private Road C shall be and remain until

and the

maybe

and the Owner or

10

Option

hereof provided

completion

completion

at the risk of the Vendor

of this transaction shall be

governed by

the laws of the

H SCHEDULE

Intentionally Deleted

SCHEDULE I

Indemnity Agreement

THI5 INDEMNITY AGREEMENT made

as

of the

1St day

of March 2006

BETWEEN

PLAYERS BUSINESS PARK LTD and

hereinafter

called

Players

WEST DIAMOND PROPERTIES INC

s hereinafter called West Diamond Collectively

Players-West Diamond

hereafter called

OF THE FIIZST PART

-andHALLOWAY HOLDINGS LIMITED

hereinafter

called

Halloway OF THE SECOND PART

-andTHE CORPORATION OF THE

MUNICIPALITY OF CLARINGTON

hereinafter

called the

Municipality OF THE THIRD PART

WHEREAS

At its

A

meeting on

Plan Amendment 43

March

OPA 43

Amendment 2006-046 and owned same

by Players-West

date

the

Council

s Municipality

Official Plan Amendment 44

Diamond and

Amendment 2006-047

entered into

Players-West

Halloway entered

adopted

or

passed

Principles

Diamond As

well

of

as

they apply to

Understanding

Principles on

the

and

same

Official

OPA 44 Zoning By-law certain lands

Halloway respectively Planning Documents

Halloway Halloway Principles

West Diamond and

the

Zoning By-law

Municipality

Diamond and 1613881 with

1 2006

with

Principles

date the

into the Stevens Road Extension

On the

Players

West

of Understanding

Municipality Players-

Agreement

and

2

B

The

Municipal

Council

s Municipality

Clerk to execute this

Indernnity Agreement

NOW THEREFORE in consideration of the TWO DOLLARS

each of the Parties is other Parties

as

and other

00 2

2006-052 to authorize the

passed By-law

good

on

behalf of the

Municipality

herein contained and the

premises

and valuable consideration

hereby acknowledged

and

Mayor

the receipt

sum

whereof

of

by

each of the Parties covenants and agrees with the

follows

Co-operation with the Municipality

1

If the

adopts

or enacts

Amendments 2006-046 and 2006-047

By-law Lands

Council

s Municipality

as

defined in the

Players-West

as

they apply

Diamond

Principles Players-West

and any

Halloway Principles Halloway Planning Documents Ontario

Municipal

Board in respect of either of these

Diamond Halloway as

defined in the

conduct of the

the

Costs Where There

a

In

if

is

one

will work

hearing to

are

and the

Planning

necessity

a

Halloway

Municipality

and to

hearing

and the

ensure

will

to coordinate

duplication

their

respective

use

the efficient

required Also Players-West Diamond Halloway

together

avoid

of

and the

Approval

Halloway Principles

Documents

Players-West Diamond Halloway

hearing

is made to the

appeal

Planning Documents Players-West

Principles

Diamond

Diamond

defined in the

as

will cooperate to achieve the Final

Diamond

effort to avoid the

Municipality

streamline the

2

Players-West

Documents

every reasonable

Municipality

Players-West

of the

respectively Planning

and the

Zoning

to the Owners Commercial

Commercial Lands

and to the Owner s

Planning Documents

OPA 43 OPA 44 and

proposed

cases

so

as

and to

and to minimize costs

Appeals

satisfaction

Diamond reasonable

and

legal

of the

s policy regarding Municipality

Halloway and

will

consulting

pay

to

the

Municipality

costs for any Ontario

costs the

Municipal

Players-West s Municipality

Board

or

Court

3

from any

proceedings arising

to achieve their Final

for that

of any of the

appeal

Approval Players-West

of the costs of any

portion

Diamond will be

Documents in order to achieve Final

Diamond

Planning

the

only

for that

Documents

Diamond

in

Planning

order to achieve

These costs shall

Documents

s Municipality

Municipal

Approval

of the

an

Final

also

Director of Planning

attributable to the Ontario

Players-West

are

Board and or Court

Documents

of the costs of

portion

Diamond

Players-West

determined

Planning Services acting reasonably

Director of

s Municipality

Players-West

responsible only

Documents These costs shall be those which

reasonable attributable to the Ontario the

of the

s appeal

Planning

by

Documents in order

Planning

will be

Halloway

s appeal

of the of the

Approval

be those which

Board

or

Court

s appeal

of

responsible

Halloway Planning Halloway Planning

are

determined to be

Services acting reasonably

Municipal

to be

appeals

the

by

reasonably

of the

Halloway

Planning Documents

b

The costs that be borne

are

determined

by Players-West Diamond

West Diamond and

Halloway

Players-West Diamond

c

by the

Costs referred to in Diamond and

to the

65 and

Halloway

as

the

Notwithstanding

Municipal

Board

and

to the

the or

are

maybe

given

paid byPlayers-

following proportions

will be

paid by Players-West within 30

Municipality

days

to them or either of them

as

to either or both

Municipality by

proceedings arising

2

therefrom is

the

a

case

Players-West Diamond supported

its solicitor and

by the Municipality monthly

of paragraph

after

Director acting reasonably

with each invoice Invoices shall be

to be rendered

foregoing provisions

Court

b 2

material that the aforesaid

of invoices rendered to the

consultants Invoices

3

case

in the

be

35

given by the Municipality

considers to be necessary shall be

Halloway

Halloway jointly will

Municipality

a paragraphs 2

supporting

may be Such

by copies

and

Halloway respectively

written invoice is

and

aforesaid Director to be the costs that should

if any

appeals

brought only

by

its

if possible

to the Ontario

in

respect

of the

4

Diamond

Players-West

Municipality appeal

costs If any

proceedings resulting

therefrom is

Halloway Planning Documents Halloway

shall pay the

Board

in

of the

Municipality

100 of the

respect

s Municipality

s Municipality

or

reasonable

Director of Planning

determinations necessary to

implement

c respecting paragraph 2

invoices and

amendments to

legal

costs In each

consulting

and

shall make the

Services acting reasonably

the intent of this

paragraph

shall

payments

intent of this

implement the

Court

and

shall pay the

consulting

Municipal

brought only

case the

sreasonable legal Municipality

100 of the

to the Ontario

Diamond

Planning Documents Players-West

3

paragraph

apply

being

3 The

provisions

with

all

of

necessary

considered to have been

made

Costs of Preparing and Reeisterina

on

Title

Principles of Understandin and Other Agreements

4

Diamond will

Players-West legal on

consulting

and

title

the

Principles

as

of

approval

of the

Diamond

Principles They

and between

Concept

and

and the

Plan

for

will also

consulfing

indemnify

Municipality and

the

this

Principles

of

Players-West Diamond

and

Municipality against

between

costs

legal

of

costs

by

it in

Halloway

1613881 and the

reasonable

engineering design

registering 1613881

legal

costs

resulting

for in the

Municipality against

between

by

the

in the

Players-West 50 of the

Municipality

in

Players-West Diamond

Agreement

costs and disbursements incurred

Understanding

the

Agreement

consulting

indemnify

and

costs and disbursements incurred

will

of the

and

Limited and the

Halloway Holdings

Development provided

Halloway

100

preparing

it in

Players-West Diamond

including traffic engineering design

the Stevens Road Extension

preparing Halloway

legal

between

by

50 of the reasonable

of March 1 2006 and 100 ofthe reasonable costs of preliminazy

review

reasonable

Municipality against

Understanding

Municipality

plan

site

5

made

the

costs and disbursements incurred

Ontario Inc and the

Municipality

indemnify

50 of the reasonable

preparing and the

Municipality

preliminary resulting

site

in the

and

registering

Municipality

made

as

plan

review

approval

of March

of the

legal on

and

title the

and between

1 2006

and

including traffic Concept

Plan for

5

Development

as

provided

Municipality against incurred between

6

The

by

50 of the reasonable

Municipality

in

legal

preparing

and

consulting

of costs referred to in

from the date the

West Diamond and

paragraphs

Municipality gives

indemnify

and this

Agreement

Agreement

4 and 5 will be made within

written notice

the

costs and disbursements

the Stevens Road Extension

Players-West Diamond Halloway and the Municipality

payment

days

the

It will also

Halloway Principles

in the

requiring payment

thirty 30 to

Players-

Halloway respectively

Notice

7

If any notice

or

other document is

by

any official of the

the

Municipality

post

or

required

Municipality

to be

or

to the Owners

such notice shall be transmitted

maybe given by the Municipality

by

this

Agreement

by telefax

mailed

Properties

30 Floral

Pazkway

Concord

ON L4K 4R1

Attention Mr Robert

Inc

DeGasperis

o Players Business Park Ltd c 1700

Langstaff Road

Suite 2003

Concord

ON L4K 3S3

Attention Mr Bruce Fischer

Halloway Halloway Holdings Ltd 177 Nonquon Road 20a Floor Oshawa

ON L1G 3S2

an

Owner to

by first class prepaid

Players-West Diamond o West Diamond c

and

by

delivered to

The Owners

and

or

or

OR To the

Municipality of Clarington Temperance Street Bowmanville ON L1C 3A6 Attention Director of Planning The

Municipality

40

Fax

or

such other telefax number

in

writing Any such notice

or

or

sufficient notice under the terms of this 30 p 4 m on any business

905-623-0830

address of which either

telefaxed

mailed

or

party has notified the

delivered shall be deemed

Agreement and

if telefaxed

day excluding Saturdays Sundays

shall be deemed to have been received at the time of delivery mailed

bypre-paid registered mail

mailing thereof Notwithstanding anticipated that set out may

due to Force

the

Maj eure

reasonably be anticipated

expeditiously by

will

and statutory

foregoing

or

other

party

good and

delivered

prior to

statutory holidays

transmission and if on

the third

holidays following the

in the event that it

maybe reasonably

any notice will not be received within the time limit

then such notice shall be sent

above

and

or

it shall be deemed to have been received

day excluding Saturdays Sundays

business

Services

cause

by

an

alternate

means

the notice to be received

of transportation which

reasonably

the addressee

Authority of Municipality

8

Players

West Diamond and

authority law and

to enter into this

enforceable

fully

Municipality

in reliance

Diamond and

Halloway

as

Halloway aclrnowledge

Agreement by

on

the the

that every

parties

Time of the Essence

9

Time is of the

essence

of this

provision

and that this

aclmowledgement

aforesaid

Agreement

and agree that the

Municipality

has

hereof is authorized

by

the

is executed

by

the

Agreement

and agreement

of

Players

West

IN WITNESS WHEREOF the Parties hereto have hereunto have set their hands and seals the

day and

corporate

seals

year first above written and the Parties hereto have hereunto affixed their

by the

SIGNED

hands oftheir proper officers

SEALED AND

duly authorized in that

behalf

THE CORPORATION OF THE

DELIVERED

In the presence of

John

Clerk

WEST

DIAMOND It PERTIES INC S

Name

Title

Name

Title

PLAYERS

SS PARK LTD f BU5

Name

Title

Name

Title v

HALLO

AY HOLDINGS H C 1 y

Name

Title

Name

Title

l D

SCHEDULE J

lnsert

copy

of letter from

Brent Clarkson dated July 13 2005

Referred to in paragraph 9

13

July 2005

Mayor john Mutton

Municipality of Clarington 40

Street

Temperance

BOWMANVILLE Ontario L1C 3A6 7050 Wustuu Road Suite 23U rioL4I RG7 Woodbridge Ont S5RR 905 701 761 F 9U5 5589

Sent

by fax and

courier

7

10ll l rre 1

Dear Slr

9204 800 813

cgnt ln mhbcpl svww

fm F

gp pROPOSED BOWMANVILLE HOME DEPOT CLARINGTON BOULEVARD BOWMANVILLE OUR PILE 9316CK

MaeNaughtun

Mn rK IP RPP

atd R xr aeta rmsro MC1aRYP aas

additional

bring

Paul R aritton

the

which Home

measures

proposal

Depot might be prepared

closer to the draft urban

even

implement

to

Please

design policies

to

accept

s email inquiry which is attached this correspondence in response to Mr Crome for your easy reference The numbers in the subheadings below relate to the

aES MCIY KPY

W

Mr Crome has asked me to clarify the commitment I made on behalf of Home Depot at the Committee meeting of June 13 and has further asked if there are any

arena tlarkaun

numbered

MA MCIP RPP C7 Parkin

questions posed by

1

Leeds Certification

As

indicated

Mr Crome

BES MCIP RYP roina c r w br

prepared

acs

on

June 13 Home

to construct its

level of certification is rnr

Ltd

Technologies

aES MC P RPP

as a

building

proposed

Depot subject so

that it

Home

can

Depot

to

obtaining

all

approvals

is

be LEEDS certified The basic

has retained Mark

LEEDS Accredited Professional

Opresnik CP obtaining the

to assist in

certification The ort

following

is

list of

a

i e ms which Home

Kitchener

Implementation

an vnu8l Lvndon

of an erosion and sedimentation control

Kingston

Encouragement of employees to

aarric

Installation of water efficient water use

City and Rura Ibwn

Land

Piantling

and Stvdirs

Ucvclnpment

Urban

llcsign

Community Planning

Systems Commissioning system

to

for

operate

light

i Architecn rr

implement

to

SlteB

Recycled recycled window

Project Managemrnt

of reducing

as

ensuring that systems are designed installed and intended also installation of energy management equipment

accountability

and

performance

over

Management Divert construction demolition and land disposal Redirect recyclable resources back to

debris from landfill

and

and b7ediation

objective

tune

clearing the manufacturing

acn axptrtrv

with the

plan

Measurement and Verifcation Providing for the ongoing optimization of building energy and water consumption

toral xrsonrre 1

Aggregate Plsnnipg

carpool plumbing fixtures

fixtures and HVAC

Construction Waste Landscape

to

o by 20g

calibrated ml Plans Munici

Depot intends

don obtain the LEEDS certific

Content material

frames

process and redirect re-useable

Encouragement including recycled

etc

of

materials

contractor

content

to

appropriate

and subtrades

in steel

concrete

to

use

fly ashl

Regional Materials Local

20

Manufactured

Locally

secure

materials and

products

from

support local economy and reduce transportation and energy costs of ow-emitting Materials Carpet use oflow-emitting carpet in appropriate areas store l local

sources to

Pedi-Mats

installation of foot

at the entrances to

grills

keep

contaminants out of the

building

Recycling provision

of recycling

receptacles

installation of cardboard baler in

Cardboard Recycling cardboard is recycled

the

receiving

area

so

that al

Lighting used in sales area to reduce energy consumption Home Depot recently won recognition from BC Hydro for this initiative Glazing installation of high efficiency glazing systems using low-E glass and argon glass Storm water management controlled flow water release system on building roof Bike racks installation for employees and customers Skylights provided in the interior of the Garden Centre to allow daylighting No Smoking policy Home Depot has a no smoking policy inside its buildings S Fluorescent I

Implementation of these LEEDS 2

items is estimated to cost 270 000

Brick and Stone Pre-Cast Panels

that brick and stone precast panels be installed rather than Home Depot s prototype white aggregate precast panels As indicated in my presentation on June 13 the brick and stone precast panels will be installed around the entire building except for the proposed garden centre which will be a combination of brick and stone precast together with decorative fencing It is

proposed

I have requested that coloured elevations be available for my will illustrate this proposal Tt is estimated that the additional cost for the brick and 3

er Architectural Enhanc rments Proposed

As

ated ind

on

13 the following were offered

Jutte

design objectives

on

changes to

stone

presentation

Friday

which

s Clarington

urban

to Counci

precast panels

on

is 100 000

Tune 13

the

proposed

plan

e s

to address

garden centre to the east side of the site Enhanced landscaping along the Clarington Blvd frontage Elimination of the east and north driveways around the building Shift the building to the north and east so that it frames the street Shift of the

Eliminate the Shift the

rear

receiving

lumber area

loading door

away from the

garden

Installation of a central wallcwaywithin the In terms of other architectural enhancements do the following Architectural end

centre and

parking

proposed

area

I indicated that Home

Depot

the tool rental centre entrance the northwest corner of the building

feature framing

Architectural end feature

at

Installation of 4 inch reveals

to

provide

Installation of cornice trim around the

articulation

building

to

provide shadows

was

prepared

to

Substantially different design of the main vestibule more prominence at the front of the store Installation of

articulation

opposed

as

to

provide

to the standard

garden centre and stone precast panels as described above

eProposed LandscaF

on

Tune 13

members of Council with photographs of for the example where the garden centre Depot next to the street but commented further that in addition to deciduous plantings it would be to consider additional coniferous plantings During my presentation of June 131 indicated

Prior to my

presentation

other Home was

height and

around the

screen

installation of brick and Additional

add

substantial roof element at the front entrance

a

pre-cast peak Installation of precast

4

to

on

13 I trod

June

Several

stores

provided staff and parties expressed a liking

appropriate that Home

Depot was prepared

See below for

Home is

Additional

on

Changes

the

up

landscaping

to

implement

this

Rear S de of Store Garden

t e ntre aad Masonry urban

given

additional roof

an

peak over the garden

two additional roof peaks one

installation of spandrel

the north

elevation

the front

vestibule and the lumber

glass

doors

glass

sections

a

where

is near the street

fence masonry

the

4 along 3 along the

feature

along

rear

a

Feature

design policies

canopy

elevation

elevation portion of the Clarington rear

Blvd

installation of trees at 9 metre centres rather than the 10 to IZ metre centres proposed and installation of parking island trees in accts dance with draft urban these

I will present them to you at the special

Council Meeting scheduled for Friday

We have

now

had

total cost of the

frontage originally

design policies

Unfortunately the drawings illustrating

changes

and

east corner

elevation

installation of

parkhrg

centre at

rear

connecting

installation of spandrel

the

the front

along

additional roof peak along

continuous canopy

suggestion

landscaping

further consideration to the Municipality sproposed to implement the following additional design changes has

llepot

prepared

further discussion

a

5 7 6 and 8

to beef

will not be available until late

Thursday night

so

at 10 30

opportunity to cost out the changes Home Depot is prepared to implement June 13 suggestions together with these additional suggestions not including the an

The cast

of the upgraded precast panels is 813 500 The total commitment for

panels 9

and the

upgrades including other upgrades is 500 183 1 00

the LEEDS

certification the brick

and

stone

precast

Qytion to Purchase Private North South Road

Mr Crame asked if Home

Depot

road

2 and the

connecting Highway

create

additional

result Home

Depot

prepared

to

provide

an

Concession Road

offer

to

Home

purchase

Depot zoning difficulties particularly related to not prepared to provide such an offer at this time

operational is

was

and

new

the

private

north south

believes that this would the

loading

area

As

a

We understand that the offer to purchase was suggested to allow the creation of a new public road at f this is the case Home Depot is some point in the future in the event the site were ever re-developed oped for prepared to leave a clause in its site plan agreement indicating that if the site is ever redeve for a consideration be the other that to lands some necessary public road at that given selling purpose time at fair market value

Municipal Consideration Home

Depot

is making these commitments

on a

without

prejudice basis on the understanding

that the

Municipality of Claringtom t

Official Plan Amendment 44 and the including the revisions requested by Mr

Adopts

15 2605 Jordan Sernas Associates Memorandums of

implementing zoning by-law

Bryce

on

Juiy

11 2005 as they pertain the Holloway Home Depot site Modifies Sections 6 and 8 of the Council Resolution of June 27 2005 to accommodate the combined Holloway Home Depot proposal deleting the need for Uptown Avenue to cross

July 8 2005 and July 2

3

through

Holloway

corner

property

the of the

Permits Home

Depot

site and

to

permitting

the Home

have limited outdoor

display

Depot areas

to be located in the

provided that

there is

north

no

east

outdoor

and

or landscaping materials storage 4 Approves a site plan in substantial compliance with the site 15 2005 a reduced copy is attached hereto

of building

plan

presented

to Council

on

July

Thank you for your consideration and 1 look forward to discussing these matters with you and members of Council more fully at the meeting of July 15 2005

Sincerely MHBC PLANNING

G W SRENT CLARKSON MA MCIP RPP

Copy Dennis Heffernon David Crome Sylvain Rivet Bob Hann

Bryce

Jordan

4

Blair

Apy1e John Chow Lyn Townsend

uPTGVN VEry11E

A

1

J C1

SCHEDiJLE K

Intentionally Deleted

L SCHEDULE

Map showing Street C and Uptown Extension as

Public Streets

Schedule L J

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