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HomeMy WebLinkAbout2006-049 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006-049 Being a by-law to authorize the execution of Principles of Understanding between Players Business Park Ltd. and West Diamond Properties Inc. and The Corporation of The Municipality of Clarington and 1613881 Ontario Inc. WHEREAS at their meeting held on March 1,2006, the Council of the Municipality of Clarington adopted Official Plan Amendment 43, Official Plan Amendment 44, Zoning By-law Amendment 2006-046 and Zoning By-law Amendment 2006-047 as recommended in Report PSD-027 -06; AND WHEREAS Players Business park Ltd. (Players) and West Diamond Properties Inc. (West Diamond) (the Owners') have agreed to develop the Owners' Commercial Lands to satisfy the urban design policies of Official Plan Amendment 44; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, Principles of Understanding between Player Business Park Ltd. and West Diamond Properties Inc. and 1613881 Ontario Inc. and said Corporation; and 2. THAT the Principles of Understanding attached hereto as Schedule "A" forms part of this by-law. By-law read a first and second time this 1 st day of March 2006. By-law read a third time and finally passed this 1 st day of March 2006. /......~."....~~..__.-'...jf//. I,'! . ~. /. /---'/ \"fi/; /1 (., lit ~ " \.' c' (.> ,_~ ." " t. (.. f.. ," .... -" '- , j John Mutton, Mayor :. ~I , I I I I I I I I I . I I I I I I PRINCIPLES OF UNDERSTANDING THESE PRINCIPLES OF UNDERSTANDING ("Principles") made as of the 15t day of March, 2006. BETWEEN: PLAYERS BUSINESS PARK LTD. ("Players") and WEST DIAMOND PROPERTIES INC. ("West Diamond") (hereinafter collectively called the "Owners") OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE SECOND PART - and- 1613881 ONTARIO INC. (hereinafter called "1613881") OF THE THIRD PART I I I I I I I I I I I I I I I I I I I 2 WHEREAS: A. At its meeting held on March I, 2006, the Council of the Municipality adopted Official Plan Amendment Nos. 43 and 44 ("OPA 43" and "OPA 44") and passed Zoning By-law Amendment Nos. 2006-046 and 2006-047 as recommended in Report #PSD-027-06. Copies of OPA 43, OPA 44, Zoning By-law Amendment 2006-046 and Zoning By-law Amendment 2006- 047 are contained in Schedule "A" hereto; B. Players and West Diamond individually are the owners of the lands registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) ("Land Registry Office") identified by the following Property Identification Numbers ("PIN"): PIN # Owner 26612-0113 26612-0114 26612-0024 26613-0102 Players West Diamond Players 1613881 C. Players and West Diamond have agreed to develop the Owners' Commercial Lands (as hereafter described) to satisfy the urban design policies of OP A 44; D. A copy of Exhibit "A" to OPA 44 is contained in Schedule "B" attached hereto. Among other things, Exhibit "A" shows the portion of the Bowmanville West Town Centre located north of Highway No.2 and west of Green Road. Parts of this portion of the Town Centre are owned by Players and West Diamond, respectively. Exhibit "A" also shows the location of the planned extension of Boswell Drive northerly from Highway No. 2 to the northerly limit of the Bowmanville West Town Centre to the planned Brookhill Boulevard. It further shows the planned Brookhill Boulevard easterly from the planned Boswell Drive to Regional Road 57 and the planned Stevens Road Extension; I I I I I I I I I I I I I I I I I I I 3 E. The lands owned by 1613881 include a portion of the planned Brookhill Boulevard east of Green Road to the easterly limit of the lands identified in PIN 26613-0102; F. Players and West Diamond have agreed with the Municipality to construct the planned Boswell Drive north to the northerly limit of the Owners' lands designated "General Commercial" and "Street Related Commercial" by OPA 44 ("Owners' Commercial Lands") in conjunction with the development of the Owners' Commercial Lands in accordance with Zoning By-law 2006-047; G. The Owners have applied to the Municipality for approval of a residential draft plan of subdivision SC-2004-004 and the enactment of an amendment to the Zoning By-law under Clarington file number ZBA 2004-049 which currently applies to all of the lands owned by the Owners on the westerly side of Green Road between the northerly limit of the Owners' Commercial Lands and the northerly limit of the proposed extension of Longworth Avenue, portions of which are identified under PINs #26612-0024 and #26612-0114. A portion of the lands currently shown within the draft plan of subdivision are brought within the boundaries of the Bowmanville West Town Centre, and designated "Low Rise High Density Residential" by OPA 44. It is the Owners' intention to remove the lands within the Bowmanville West Town Centre from its current applications for a draft plan of subdivision and zoning amendment, and to file further applications for approval of a draft plan of and implementing Zoning By-law applicable to such lands such that the Owners will seek approval of separate draft plans of subdivision for the lands between the northerly limit of the Owners' Commercial Lands and the northerly limit of the Bowmanville West Town Centre (the "Town Centre Residential Draft Plan'') and the lands between the northerly limit of the Bowmanville West Town Centre and proposed extension of Longworth Avenue (the "Brookhill Residential Draft Plan"); H. The Town Centre Residential Draft Plan will show the lands required for the planned section of the extension of Boswell Drive northerly from the northerly limit of the Owners' Commercial Lands to its intersection with the planned section of Brookhill Boulevard between the planned Boswell Drive extension and Green Road, as shown on Exhibit "A" to OP A 44; I I I I I I I I I I I I I I I I I I I I 4 1. The Owners have agreed to prepare and submit to the Municipality for consideration by, and if determined by him to be appropriate, the approval of, the Municipality's Director of Engineering Services, a traffic study respecting the development of the lands within the Brookhill Residential Draft Plan. Among other matters that may be required by the Municipality's Director of Engineering Services, the traffic study will address the question of the staging and timing of the construction of the extensions of Boswell Drive and Brookhill Boulevard from Boswell Drive to Green Road in relation to the phasing of development of the lands within the Brookhill Residential Draft Plan, and will make recommendations in that regard. Notwithstanding the foregoing, conditions of approval of the Brookhill Residential Draft Plan will require the construction of the extension of Boswell Drive from the northerly limit of the Owners' Commercial Lands to its intersection with Brookhill Boulevard and the construction of Brookhill Boulevard between Boswell Drive and Green Road not later than the first (I st) phase of development ofthe lands within the Brookhill Residential Draft Plan; J. The Owners have agreed that they will not object to the imposition of conditions to the approval of the Brookhill Residential Draft Plan as provided for in Recital I requiring them to enter into a "Subdivision/Consent Agreement" (as hereafter defined) with the Municipality; K. 1613881 has agreed with the Municipality that when it submits a draft plan of subdivision for the residential development of the lands under PIN #26613-0102 ("1613881's Plan"), it will prepare and submit to the Municipality a traffic study respecting the development of 1613881's Plan. The traffic study will address, among other matters as may be required by the Municipality's Director of Engineering Services, the question whether the proposed development of 1613881's Plan will require the construction of the planned Brookhill Boulevard from Green Road easterly to Regional Road 57 in conjunction with such development in order to establish an appropriate transportation network and if so, will recommend appropriate conditions to the approval of 1613881's Plan. The traffic study will be considered by the Municipality's Director of Engineering Services and if considered appropriate by him, approved by him; L. 1613881 has agreed that it will not object to the imposition of a condition to the approval of 1613881's Plan consistent with the recommendations of the traffic study referred to in Recital I I I I I I I I I I I I I I I I I I I 5 K respecting the sections ofBrookhill Boulevard also referred to in Recital K and the staging and timing of its construction in relation to the development of the lands within 1613881 's Plan as may be approved by the Municipality's Director of Engineering Services; M. Players and West Diamond intend to apply to the Regional Municipality of Durham's Land Division Committee ("Land Division Committee") for its consent to transfers in order to divide the Owners' Commercial Lands. The divisions will establish blocks to be severed or retained for development, the planned Boswell Drive right of way, and alignments of Private Roads A and B. Among other things, these proposed blocks are shown on the copy of the concept plan for the development of the Owners' Commercial Lands contained in Schedule "c" attached hereto ("Concept Plan for Development"); N. Subject to the submission and review of detailed plans and drawings to be submitted by the Owners or their successors in title, the Concept Plan for Development was endorsed in principle by the Council of the Municipality at its special meeting on March 1, 2006 by the passing of Resolution #C -1l3-06 . A copy of Resolution #C -1l3-06 is contained in Schedule "D" attached hereto; O. The Owners will not object to the imposition by the Durham Land Division Committee as one of the conditions of its provisional consent to the transfer of anyone or more portions of their lands within the Owners' Commercial Lands or to the imposition of a condition to approval of a draft plan of subdivision of such lands that a Subdivision/Consent Agreement containing, among other things, provisions to implement the intent of paragraph 3 of these Principles be made by the Owners with the Municipality; P. The Owners have also agreed with the Municipality either themselves or to require each successor in title of them of any of the lands within Precinct X, Y and Z shown on the Concept Plan for Development to submit site plans to the Municipality for approval under section 41 of the Planning Act of any development proposed on any of the lands on the terms set out below. The site plans shall be consistent with the Concept Plan for Development; I I I I I I I I I I I I I I I I I I I 6 Q. The Owners will also require any purchaser, mortgagee, or long-term lessee from either or both of them to enter into an "Assumption Agreement" (as hereafter defined) with the Municipality assuming, among other things, the Owners' obligations to and covenants with the Municipality as provided below in these Principles; R. Players and West Diamond have agreed to construct, repair and maintain Private Roads A, B I and B2 shown on the Concept Plan for Development including streetscaping improvements as provided below; S. The Owners have agreed to grant to the Municipality for a nominal consideration an option to purchase the aforesaid Private Roads A, Bl and B2 including streetscaping improvements on the terms set out below in these Principles; T. The Owners have agreed with the Municipality that prior to the granting of a final consent to implement the provisional consent to divide referred to in Recital 0, and prior to the any development on the Owners' Commercial Lands, they will make arrangements satisfactory to Durham concerning matters within Durham's responsibility respecting the urbanization of Highway NO.2 between Green Road and Boswell Drive, the construction of a revised aligmnent of the intersection of Boswell Drive south of Highway No. 2 and Highway No.2, and the installation of traffic control barriers and traffic signals all as required by Durham. They have also agreed that they will not object to the imposition of a condition to the provisional consent referred to in Recital 0 to give effect to the intent ofthis Recital T; U. The Owners have agreed to pay to the Municipality in ten (10) equal payments the total sum of Six Hundred Thousand ($600,000.00) Dollars to be used in the discretion of the Council of the Municipality, among other things, for the purpose of funding programs of the Business Improvement Areas of the Municipality and implementing Community Improvement Plans as they apply to business centres of the Municipality, subject to the terms and conditions set out below; I I I I I I I I I I I I I I I I I I I 7 V. The Owners have agreed to pay to the Municipality One Hundred and Fifty Thousand ($150,000.00) Dollars for the release of the obligations contained in section 16.10.1 of the Municipality's Official Plan on the terms set out below; W. The Owners have entered into an agreement with the Municipality to contribute to the cost of construction of the portion of the planned Stevens Road Extension between the west side of Clarington Boulevard and the east side of Green Road described in the Stevens Road Extension Agreement as the "Developer-Funded Section", on the terms set out in this Agreement. The Municipality has agreed to fund one hundred (100%) percent of the cost of the planned Stevens Road Extension from Regional Road 57 to Clarington Boulevard. A copy of the Stevens Road Extension Agreement is contained in Schedule "H" hereto. The Municipality has also acknowledged that the Owners will not be required to make any contribution to the cost of urbanization of Green Road other than pursuant to their obligation to pay development charges as required by the Municipality's Development Charges By-law 2005-108 and the Municipality's annual tax levy; X. The execution of these Principles on behalf of the Municipality of Clarington by the Mayor and the Municipal Clerk is authorized by By-law 2006-049 passed by the Council of the Municipality at its Meeting on March 1,2006, NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the parties is hereby acknowledged) each of the parties hereto covenants and agrees with the other parties as follows: Recitals 1. Each of Recitals "A" to "M", inclusive and "0" to "W", inclusive and the Schedules hereto are hereby incorporated into the operative part of these Principles. Each of the Recitals shall be construed and given effect as covenants contained in these Principles. If I I I I I I I I I I I I I I I I I I I 8 there is an inconsistency between any Recital and one of the following paragraphs, the text ofthe paragraph shall prevail to resolve the inconsistency. Unwindine: of Principles of Understandine: 2. (a) These Principles shall unwind and have no force or effect if OPA 43, OPA 44, Zoning By-law Amendment 2006-046 and 2006-047 as they apply to Players and West Diamond's lands within the portion of the Bowmanville West Town Centre referred to in Recital D, in the form contained in Schedules "A", subject only to such modifications and/or amendments that are "Permitted Amendments" (as hereafter defined) ("Planning Documents") are not adopted or passed by the Municipality's Council on or before March 31, 2006; (b) If anyone or more appeals are made to the Ontario Municipal Board from the adoption or passing of the Planning Documents by the Municipality's Council, and the "Final Disposition" (as hereafter defmed) of such appeal(s) does not result in the final approval of the Planning Documents, subject to only such modifications and/or amendments that are Permitted Amendments, these Principles shall unwind and have no force or effect on the date of such Final Disposition. (c) For the purpose of these Principles, (i) the term "Permitted Amendments" means any modifications of and/or amendments to anyone or more of OPA 43, OPA 44, Zoning By-law Amendment 2006-046 and Zoning By-law Amendment 2006-047 which, (1) do not have the effect either of imposing any additional restrictions on the development of the Owners' Commercial Lands or of imposing additional obligations on the Owners; or I I I I I I I I I I I I I I I I I I I (ii) (iii) 9 (2) is either proposed by the Municipality or is made by the Ontario Municipal Board, and which either prior to or within thirty (30) days of such modification and/or amendment being proposed or made, the Owners notify the Municipality in writing that such modification or amendment is acceptable to them; and the term "Final Disposition" means the latest to occur of: (I) the withdrawal of all appeals; (2) if any appeal is not withdrawn, unless an application for leave to appeal from or judicial review of the decision/order of the Board is made to the Ontario Divisional Court, the issuance of a fmal order by the Ontario Municipal Board in respect of the appeal; (3) if an application for leave to appeal or judicial review to the Ontario Divisional Court is made from a decision by the Ontario Municipal Board, the issuance of an order by the Divisional Court dismissing the application for leave to appeal or judicial review, or if leave to appeal is granted, the issuance of a final order by the Divisional Court in respect of the appeal; and; (4) if an application is made for leave to appeal to the Ontario Court of Appeal from a decision of the Ontario Divisional Court referred to in clause (4), the issuance of an order by the Court of Appeal dismissing the application for leave to appeal, or if leave to appeal is granted, issuance of a final order by the Court of Appeal in respect of the appeal. For the purposes of these Principles, the term "Final Approval" means the latest to occur of: I I I I I I I I I I I I I I I I I I I (d) 10 (1) the enactment of the Planning Documents by the Municipality and the expiration of all appeal periods therefrom, without any appeals having been filed; and (2) if any appeal is filed, the Final Disposition of all such appeals that result in the Planning Documents coming into full force and effect, subject to only such modifications and/or amendments that are Permitted Amendments. In the event there is any appeal of the Planning Documents to the Ontario Municipal Board, Players and West Diamond in their sole discretion may elect not to participate in the Ontario Municipal Board hearing or any Court proceeding arising therefrom and on receipt of a written notice to the Municipality to that effect, (i) Players' and West Diamond's obligation to pay their share of the Municipality's legal and consulting costs under the Indenmity Agreement between the Municipality, Players, West Diamond and Halloway Holdings Limited dated March 1, 2006 (a copy of which is contained in Schedule "E" hereto) shall cease; (ii) Players and West Diamond will not object to the repeal of the Planning Documents if the Municipality in its sole discretion decides not to proceed with the Ontario Municipal Board hearing or the Court proceeding, provided that Players and West Diamond shall indemnifY the Municipality against costs that may be awarded against the Municipality as a result of the aforesaid election by Players and West Diamond; (iii) Players and West Diamond shall make the payment to the Municipality required by paragraph 11 as if Final Approval of the Planning Documents I I I I I I I I I I I I I I I I I I I 11 had been received, provided that section 16.1 0.1 (b) of the Municipality's Official Plan as it stood on the day before the Municipality's Council adopted OPA 44 is repealed and the repeal is in force and effect; and (iv) Subject to the foregoing provisions of clauses 2(d)(ii) and (iii), which shall survive the unwinding pursuant to this clause 2(d)(iv), these Principles shall be deemed to have unwound and have no further force or effect on the day that notice of Players' and West Diamond's written notice of their election not to participate in the Ontario Municipal Board hearing or in any Court proceeding arising therefrom is given to the Municipality. (e) In the event that there is any appeal of the Plauning Documents to the Ontario Municipal Board and there is no Final Disposition of all such appeals on or before March 1, 2009, Players and West Diamond hereby irrevocably consent to the repeal of the Plauning Documents and these Principles shall unwind and have no further force or effect on the day that the latest of the aforesaid repeals is passed by the Municipality's Council. (f) If these Principles unwind pursuant to paragraphs 2(a), (c), (d) or (e), the Municipality will consent to and cooperate with the Owners in expunging any Notice of them and the "Option" (as hereafter defined) referred to in paragraph 9 and the Notice under section 118 of the Land Titles Act referred to in paragraph l8(b) from the title to the lands on which it or they have been registered after the date on which such unwinding takes effect. Plan of Subdivision or Consent Required Before Construction 3. (a) Players and West Diamond shall not construct or request the issuance of permits under the Ontario Building Code Act to construct any building or structure on or develop any part of the Owners' Commercial Lands prior to Final Approval of the Plauning Documents, and before they make application to and obtain the approval I I I I I I I I I I I I I I I I I I I 12 of the Municipality of a plan of subdivision or the consent of the Durham Land Division Connnittee (or in the event of an appeal to the Ontario Municipal Board, that Board) under either section 51 or 53 of the Planning Act, the effect of which is to divide or to permit the division of such lands into Precincts "X", "Y" and "Z", inclusive as shown on the Concept Plan for Development and either a plan of subdivision has been registered on title to the aforesaid lands, or transfers have been made pursuant to the aforesaid consent and registered on title. It is acknowledged that Sub-Precinct Z3 shown on the Concept Plan for Development may form part of Precinct "Y" for the purpose of the application under section 51 or 53 of the Planning Act, provided that for greater certainty development of Sub- Precinct Z3 will comply with the provisions of paragraph 12. (b) In these Principles as the context requires the term "Subdivision/Consent Agreement" shall mean either an agreement which is required to be made by an owner of land with the Municipality as a condition of approval of a draft plan of subdivision pursuant to sections 51 (25) and (26) of the Planning Act or an agreement which is required to be made by an owner of land with the Municipality as a condition of a provisional consent granted pursuant to subsection 53(12) of the Planning Act. A Subdivision/Consent Agreement in order to implement these Principles shall be in the Municipality's then current standard form when the Subdivision/Consent Agreement is made. Boswell Drive to North Limit of Owners' Commercial Lands 4. Players and West Diamond hereby irrevocably consent to the imposition as a condition of approval of a draft plan of subdivision or a consent to divide the Owners' Connnercial Lands pursuant to paragraph 3 that a Subdivision/Consent Agreement be made by them with the Municipality pursuant to sections 51(25) and (26) or section 53(12), of the Planning Act, as the case may be. The Subdivision/Consent Agreement shall contain provisions satisfactory to the Municipality's Directors of Planning Services and Engineering Services, respecting, among other things, the construction of the planned I I I I I I I I I I I I I I I I I I I 13 Boswell Drive, including services and sidewalks, northerly from Highway No.2 to the northerly limit of the Owners' Commercial Lands prior to the occupation of any of building within the Owners' Commercial Lands. It shall provide, among other things, for the construction of works, the maintenance and guarantee of works, the approval by the Director of Engineering Services of works cost estimates and revised works cost estimates, and the deposit, use and release of performance guarantees covering the cost of construction of the works as approved by the aforesaid Director. It shall also provide for the payment to the Municipality by the Owners of the Owners' share of the cost of constructing the "Developer-Funded Section" of the Stevens Road Extension provided for in the Stevens Road Extension Agreement, as a local service within the meaning of section 59 of the Development Charges Act. Further, it shall contain a replication of such provisions of these Principles that the Municipality's Solicitor, acting reasonably, considers to be appropriate to protect the Municipality's interests. This paragraph shall terminate on the later to occur of the execution by the parties to it of the Subdivision/Consent Agreement referred to herein and either the registration of a final plan of subdivision on title to or the granting of a final consent to divide the lands referred to in this paragraph as evidenced by a certificate issued pursuant to section 53(12) of the Planning Act. Boswell Drive from the North Limit of the Owners' Commercial Lands to Brookhill Boulevard and Brookhill Boulevard Easterlv to Greeu Road 5. (a) The Owners covenant to prepare and submit to the Municipality for the consideration by, and if determined by him to be appropriate the approval of, the Municipality's Director of Engineering Services of a traffic study respecting the development of the lands within the Brookhill Residential Draft Plan. Among other matters that may be required by the Municipality's Director of Engineering Services, the traffic study will address the questions of the staging and timing of the construction of the extensions of Boswell Drive north from the north limit of the Owners' Commercial Lands and the construction of Brookhill Boulevard between Boswell Drive and Green Road in relation to the phasing of development of the lands within the Brookhill Residential Draft Plan and will make I I I I I I I I I I I I I I I I I I I 14 recommendations in that regard. Notwithstanding the foregoing, the conditions of approval of the Brookhill Residential Draft Plan shall require the construction of the aforesaid extension of Boswell Drive and the construction of Brookhill Boulevard not later than in conjunction with the first phase of development of lands to which the Brookhill Residential Draft Plan applies. (b) The Owners covenant that they will not object to the imposition of conditions to the approval of the Brookhill Residential Draft Plan requiring them to enter into a Subdivision/Consent Agreement with the Municipality respecting, among other things, the construction of the planned section of Boswell Drive and the planned section of Brookhill Boulevard as provided in paragraph 5(a) pursuant to section 51 of the Planning Act. (c) The provisions of paragraph 4 respecting the Subdivision/Consent Agreement referred to therein shall apply to the Subdivision/Consent Agreement referred to in paragraph 5 with all necessary changes being considered to have been made in order to give effect to the intent of this paragraph. d) Paragraphs 5(a) and 5(b) shall terminate on the execution by the parties to it of the Subdivision/Consent Agreement referred to in paragraph 5(b) and the registration on title of a fmal plan of subdivision which includes at least the lands which comprise the first phase of development referred to in paragraph 5(a). Forthwith after the termination of this paragraph, the Municipality will consent to and co- operate with the Owners in expunging these Principles or a Notice thereof and the Notice under section 118 of the Land Titles Act from the title to the lands to which it or they apply. BrookhilI Boulevard East from Green Road East Easterlv to Durham Road 57 6. (a) 1613881 covenants that when it submits 1613881 's Plan to the Municipality for draft approval under section 51 of the Planning Act, it will prepare and submit to I I I I I I I I I I I I I I I I I I I (b) (c) d) 15 the Municipality a traffic study respecting the development of the lands within 1613881's Plan. The traffic study will address, among other matters as may be required by the Municipality's Director of Engineering Services, the question whether the proposed development of 1613881's Plan will require the construction of the planned Brookhill Boulevard from Green Road easterly to Durham Road 57 in conjunction with the development of 1613881's plan in order to establish an appropriate transportation network and if so, will recommend conditions to the draft approval of 1613881's Plan. The traffic study will be considered by the Municipality's Director of Engineering Services and if considered appropriate by him, approved by him. 1613881 will not object to the imposition of conditions of approval of 1613881's Plan or any part thereof consistent with the recommendations of the traffic study referred to in paragraph 6(a) respecting Brookhill Boulevard easterly from Green Road to Durham Road 57 and requiring 1613881 to enter into a Subdivision/Consent Agreement with the Municipality respecting the staging and timing of its construction in relation to the development of the lands within the 1613881's Plan as may be approved by the Municipality's Director of Engineering Services. The provisions of paragraph 4 respecting the Subdivision/Consent Agreement referred to therein shall apply to the Subdivision/Consent Agreement referred to in paragraph 6 with all necessary changes being considered to have been made in order to give effect to the intent ofthis paragraph. Paragraphs 6(a) and 6(b) shall terminate on the execution by the parties to it ofthe Subdivision/Consent Agreement referred to in paragraph 6(b) and the registration on title of a final plan of subdivision which includes the lands which comprise Brookhill Boulevard. Forthwith after the termination of this paragraph, the Municipality will consent to and co-operate with 1613881 in expunging these I I I I I I I I I I I I I I I I I I I 16 Principles or a Notice thereof and the Notice under section 118 of the Land Titles Act from the title to the lands to which it or they apply. Urbanization etc. of Hil!hwav No.2 between Green Road and Boswell Drive 7. The Owners covenant with the Municipality that prior to the granting of a final consent to implement the provisional consent to divide or final approval of a plan of subdivision of the Owners' Commercial Lands, as the case may be, they will make arrangements satisfactory to Durham concerning matters within Durham's responsibility respecting the urbanization of Highway No.2 between Green Road and Boswell Drive, the construction of a revised alignment of the intersection of Boswell Drive south of Highway No.2 and Highway No.2, the installation of traffic barriers and signals at the intersections of Highway No. 2 and Boswell Drive and Highway No. 2 and Green Road, all to the satisfaction of Durham. The Owners will not object to the imposition of a condition to the provisional consent or approval of a draft plan of subdivision referred to in Recital 0 in order to give effect to the intent ofthis paragraph. Construction. Repair and Maintenance of Private Roads A. Bl and B2 8. (a) Players and West Diamond shall construct at their cost Private Roads A, B I and B2 shown on the Concept Plan for Development. The construction shall include the streetscaping improvements shown on and shall be in accordance with the Cross-Section Drawings contained in Schedule "F" attached hereto subject to any revisions of the Cross-Section Drawings that may be set out in an agreement between Players, West Diamond and the Municipality made pursuant to section 41 and/or section 51 of the Planning Act. The agreement shall also require Players and West Diamond to keep Private Roads A, BI and B2 in a proper state of repair and maintain them in a reasonable and proper manner until the completion of the agreement of purchase and sale referred to in paragraph 9. I I I I I I I I I I I I I I I I I I I 17 (b) Private Roads A, B I and B2 shall also be shown as Parts _, _, and _ on Reference Plan of Survey 40R- . The Reference Plan of Survey shall be prepared and deposited in the Land Registry Office by the Owners at their cost within six (6) weeks after the date on which the Municipality's Solicitor, acting reasonably, gives them written notice requiring them to do so. Option to Purchase Private Roads A. BI and B2 9. (a) Players and West Diamond hereby grant to the Municipality irrevocable options to purchase ("Option") Private Roads A, BI and B2 described as Parts _, -' and on Plan 40R- for a nominal consideration, in fee simple absolute, free and clear of all encumbrances and restrictions "except Permitted Encumbrances provided for in Schedule "G"." The Options in respect of each of Private Road A, Private Road BI and Private Road B2 shall be exercised by the Municipality giving Players and West Diamond, or the successors in title of either or both of them, as the case may be, ofthe Precinct(s) in which such Private Road is located, ("Vendor") written notice that it has been exercised at any time following the day on which the Municipality's Council determines that the "Floor Space Index Trigger", as set out in the table below, has been met in respect of the Private Road in question ("Option Exercise Day"): Private Road Floor Space Index Trigger A The Total Floor Area of one or more buildings located on either Precinct "X" or "Y" exceeds 0.4 times the area of the Precinct in which such building( s) is( are) located BI The Total Floor Area of one or more buildings located on Precinct "X" exceeds 0.4 times the area of Precinct "X" B2 The Total Floor Area of one or more buildings located on Precinct "Y" exceeds 0.4 times the area of Precinct "Y" I I I I I I I I I I II I I I I I I I I (b) (c) 18 On the exercise of the Option, as aforesaid, the Vendor and the Municipality shall be deemed to have entered into a binding agreement of purchase and sale of Private Road A, Private Road Bl or Private Road B2, as the case may be, on the terms and conditions set out in Schedule "Q" attached hereto, including the term that the agreement shall be completed on the day which is the day of expiry of the fifteen (15) day period which commences on the Option Exercise Day. If in the context of considering an application for site plan approval of a building on any of Precincts X, Y or Z shown on the Concept Plan for Development, the Municipality's Director of Engineering Services and Director of Planning Services agree with the Owners that it would be appropriate to make any adjustment to any portion of the alignment of Private Roads A, Bl or B2, that involves an adjustment being made to the boundaries of any portion of Parts --' _' and _ on Plan 40R- , the Municipality shall execute any transfer or release of its interest in relevant portions of such lands, either for a nominal consideration or in exchange for other lands of equivalent area. In the latter case, the Option and if necessary, the Concept Plan for Development shall be amended accordingly. All additional reference plans of survey required for the adjustment of the lands subject to the Option hereunder shall be prepared by and deposited in the Land Registry Office at the cost of the Owners prior to the Municipality granting the required release. The transfer to the Municipality of any lands to be exchanged for any portion of the alignment of Private Roads A, Bl and/or B2 shall be in fee simple absolute, free and clear of all encumbrances and restrictions except Permitted Encumbrances provided for in Schedule "Q". For the purpose of these Principles, the term "Total Floor Area" has the same meaning as it has for the purposes of the Municipality's Zoning By-law 84-63, as amended, except that in the case oflands within a Large Format Commercial (C8) Zone established by Zoning By-law Amendment 2006-047, the area of a permitted "garden centre" as defined in section 22A.l(a)(vi) which is added to the aforesaid By-law 84-63 by section 2 of Zoning By-law Amendment 2006-047, I I I I I I I I I I I I I I I I I I I 19 shall be excluded from the calculation of the total floor area of buildings or structures, provided that the required parking is provided. Payments to the Municipality to Assist BIAs andlor to Implement Community Improvement Plans 10. (a) On or before the day which is thirty (30) days after the latest to occur of (I) the date of Final Approval of Official Plan Amendments 43 and 44 and Zoning By- law Amendments 2006-046 and 2006-047 as they apply to the Owners' lands shown on the Concept Plan for Development as lands proposed to be developed for retail commercial and service uses, (2) the removal of its H (Holding) symbol from the provisions of Zoning By-law Amendment 2006-047 as they apply to the Owners' Commercial Lands, and (3) final site plan approval of the first building proposed to be developed for retail commercial or service uses on any portion of the Owners' Commercial Lands, the Owners shall pay the sum of Sixty Thousand ($60,000.00) Dollars to the Municipality. The Municipality shall deposit such funds in a reserve account for future disbursement to the boards of management of anyone or more Business hnprovement Areas in the Municipality to fund programs or to provide assistance to the Business hnprovement Area, and/or to fund or to assist in the funding of grant programs to implement the provisions of Community hnprovement Plans applicable to anyone or more business centres in the Municipality as the Council of the Municipality in its discretion considers to be appropriate. The Owners shall make nine (9) additional payments to the Municipality of Sixty Thousand ($60,000.00) Dollars each subject to the adjustments described in paragraph I O(b). Each payment shall be made on each of nine (9) anniversaries of the date of the first payment that is to be made pursuant to this paragraph. The Owners and the Municipality intend that the aggregate of the ten (10) payments will equal Six Hundred Thousand ($600,000.00) Dollars plus the adjustments provided for in paragraph I O(b). All payments shall be made in cash or by negotiable cheque. I I I I I I I I I I I I I I I I I I I (b) (c) (d) 20 The second (2nd) and each subsequent payment made pursuant to paragraph 10(a) shall be adjusted annually commencing on January 1st of the year in which the first payment is to be made by the Owners to the Municipality, by an amount equal to the year-to-year percentage changes in the Consumer Price Index for Toronto for all prices of all items as published by Statistics Canada with the base being the CPI in effect on January 1st of the year in which the first payment is made. Each of the nine (9) annual payments to be made by the Owners to the Municipality on the anniversary of the date on which they are to make the first payment to the Municipality shall be adjusted as provided for in this paragraph 1O(b). Notwithstanding paragraphs lO(a) and lO(b), but subject to paragraph 10(d), the Owners shall not be required to make any payment to the Municipality pursuant to paragraphs 10(a) and lO(b), if any of the boards of management of the Bowmanville Business Improvement Area, the Newcastle Village Business Improvement Area, or the Orono Business Improvement Area, or any member of anyone of such Business Improvement Areas files an appeal or supports an appeal filed by any other person against anyone or more of OP A 43, OP A 44 and Zoning By-law Amendments 2006-046 and 2006-047 as they apply to the Owners' Commercial Lands and such appeal and/or support of such other person is not withdrawn in writing on or prior to the pre-hearing conference at which the commencement date of the hearing before the Ontario Municipal Board is established. If the boards of management of the Newcastle Village Business Improvement Area and the Orono Business Improvement Area and their members do not appeal or do not support an appeal filed by any other person, against anyone or more of OPA 43, OPA 44 and Zoning By-law Amendments as they apply to the Owners' Commercial Lands, and any such appeal and/or support of such other person's appeal is not withdrawn in writing on or prior to the pre-hearing conference at which the commencement date of the hearing before the Ontario Municipal Board I I I I I I I I I I I I I I I I I I I 21 is established, the Owner shall pay to the Municipality five (5) payments of Twenty-Six Thousand ($26,000,00) Dollars, each subject to the adjustments provided for in paragraph 1 O(b), totaling in the aggregate One Hundred and Thirty Thousand ($130,000.00) Dollars, subject to adjustments. All payments shall be for the purposes set out in paragraph 10(a). The first payment shall be made at the time specified in paragraph 10(a) for making the first (1 S') payment under that paragraph. The remaining four (4) payments of Twenty-Six Thousand ($26,000.00) Dollars each shall be made on the four (4) subsequent anniversaries of the date on which the first (1 S') payment is to be made. The provisions of paragraph 10(a) and 10(b) shall apply with all necessary changes being deemed to have been made to give effect to the intent of this paragraph 1O( d). For clarity, payment under paragraph 10(d) fully satisfies the duty of the Owners to make payments under paragraph 10(a). (e) Notwithstanding the foregoing provisions of this paragraph and of paragraph 23, if a notice to terminate is given by either the Owner or the Municipality pursuant to paragraph 23(a) and at any time during the ten (10) year period following the date of Final Approval of the Planning Documents the Owners make application to the Municipality under the Planning Act for amendments to the Municipality's Official Plan and Zoning By-law to permit commercial development on the Owners' Commercial Lands ("Revised Planning Applications"): (i) the Owners' obligations to make the payments pursuant to paragraph 10 hereof which have not previously become payable shall terminate and cease if a board of management of any Business Improvement Area in the Municipality, or any member thereof: (A) files any appeal to the Ontario Municipal Board in respect of any amendment to the official plan or zoning by-law the effect of which is to permit commercial development on the Owners' I I I I I I I I I I I I I I I I I I I 22 Commercial Lands that is enacted by the Municipality following the filing of such Revised Planning Applications; or (B) makes any submission to the Ontario Municipal Board indicating that it in any way opposes the approval of the Revised Planning Applications prior to or in the course of any proceeding before the Ontario Municipal Board arising from an appeal made by the Owners; and (ii) the Municipality covenants and agrees that it will not, as a condition of approval of the Revised Planning Applications or otherwise, require or request the Owners to make any payment, either directly or indirectly, to the Municipality, or to the board of management of any Business Improvement Area, or any member thereof, to fund programs in or provide other assistance in respect of a Business Improvement Area, to fund grant programs or to implement a community improvement plan, or to otherwise provide any funding for or improvement to a Business Improvement Area unless the Revised Planning Applications, if they receive fmal approval, would increase the amount of Total Floor Area assigned to the Owners' Commercial Lands by the Planning Documents. Consideration for Release of Public Use Facility Area bv Municipality 11. Prior to the day on which Official Plan Amendments 43 and 44 were adopted by the Council of the Municipality, the Municipality's in force Official Plan provided for the designation ofa portion of the Owners' Commercial Lands as Special Policy Area Hand contained policies in section 16.10.1 respecting that designation. The policies of that section required that prior to the development of any part of Special Policy Area H, the proponent was required to enter into an agreement with the Municipality to construct a public use facility within Special Policy Area H on a site not less than 0.5 ha in size at a location and to the satisfaction ofthe Municipality, and to convey the facility and lands to the Municipality for a nominal fee exclusive of other municipal requirements. Official I I I I I I I I I I I I I I I I I I I 23 Plan Amendment 44, by deleting section 16.10 and removing the Special Policy Area H designation, in effect, releases the Owners from the aforesaid requirements of section 16.1 O. In recognition of the resulting benefit to them, the Owners shall pay to the Municipality in cash or by negotiable cheque the sum of One Hundred and Fifty Thousand ($150,000.00) Dollars within thirty (30) days following the last to occur of (1) the day that Final Approval of OPA 43 and OPA 44 and Zoning By-law Amendments 2006-046 and 2006-047 as they apply to the Owners' Commercial Lands is received, (2) the day that the "H" (Holding) symbol is removed from the provisions of Zoning By-law Amendment 2006-047, as they apply to the Owners' Commercial Lands, and (3) the day on which final site plan approval is granted. of the development of the first building proposed to be constructed for retail commercial or service purposes on any portion of the Owners' lands shown on the Concept Plan for Development. Implementation of Concept Plan for Development Through Site Plans 12. The Owners will prepare or will require successors in title of any part of the Owners' Commercial Lands to prepare site plans for the development of their respective lands within the Bowmanville West Town Centre that are consistent with the Concept Plan for Development. The site plans shall be submitted to the Municipality for approval under section 41 of the Planning Act. Without limiting the generality of the foregoing, the provisions of paragraphs 8 and 9 and Schedule "F" of these Principles referable to Private Roads A, Bland B2 shall be repeated in each site plan agreement(s) required to be made as a condition of any site plan approval under section 41 of the Planning Act. The Owners will not ask the Municipality to approve nor will the Owners refer or appeal any site plan that is not consistent with the Concept Plan for Development to the Ontario Municipal Board, provided that on the implementation of this paragraph in respect of either an entire Precinct or an entire Sub-Precinct through the development thereof in accordance with the Concept Plan for Development, the requirement of this paragraph, shall terminate. I I I I I I I I I I I I I I I I I I I 24 Holdine Provision 13. Pursuant to section 23.4.3 of the Municipality of Clarington Official Plan and section 17.2.3 of the Bowmanville West Town Centre Secondary Plan, the H (Holding) symbols have been applied to the Owners' Commercial Lands by Zoning By-law Amendment No. 2006-047 to ensure that the matters referenced in the Municipality of Clarington Official Plan and OPA 44 are satisfactorily addressed prior to development of the Owners' Commercial Lands. As a result of the parties' execution of these Principles and the Stevens Road Extension Agreement, the Municipality's adoption of OPA 43 and OPA 44, and enactment of Zoning By-law Amendment 2006-046 and Zoning By-law Amendment 2006-047, the Municipality acknowledges that: (a) these contractual and planning documents will ensure achievement of all those matters set out in section 23.4.3 of the Municipality's Official Plan and section 17.2.3 ofOPA 44; (b) the Concept Plan for Development and the provisions of these Principles respecting site plan approval under section 41 of the Planning Act show that the Owners will ensure achievement of all of those matters set out in section 17.2.4(a) ofOPA 44; (c) the Municipality will be satisfied that appropriate arrangements will be made for all of those matters required by section 17.2.4(b) ofOPA 44; (d) the following are the only conditions that must be satisfied prior to the removal of the holding symbols from the zoning applicable to the Owners' Commercial Lands: (i) the granting of a final consent to divide the Owners' Commercial Lands by the Durham Land Division Committee as evidenced by a certificate issued pursuant to section 53(12) of the Planning Act, or in the case of a I I I I I I I I I I I I I I I I I I I (e) 25 plan of subdivision, the granting of the approval of the final plan of subdivision and in either case, the conditions referred to in these Principles having been provided for; (ii) the execution by the Owners of a Subdivision/Consent Agreement containing the terms provided for in these Principles; (iii) the deposit by the Owners with the Municipality of the Performance Guarantee required by the Stevens Road Extension Agreement; (iv) the transfer by the Owners to the Municipality of the right-of-way for Boswell Drive from Highway No.2 to the northerly limit of the Owners' Commercial Lands; (v) the execution by the proposed transferee, mortgagee, chargee, lessee, assignee or sub-lessee of Precincts "X" and/or "Y" of an Assumption Agreement (as hereafter defined) with the Municipality as required by paragraph 18 hereof; (vi) the entering into of arrangements satisfactory to Durham respecting the urbanization of Highway No.2 and related works as provided in paragraph 7 hereof; (vii) the registration of Notice of these Principles on title to the Owners' Commercial Lands; and (viii) the registration of the Option on title to the lands to which they apply; and without fettering the exercise of its legislative authority, the Municipality acknowledges its present intention, subject to Final Approval of the Planning Documents, to amend Zoning By-law Amendment 2006-047 to remove the H I I I I I I I I I I I I I I I I I I I Notice 14. 26 (Holding) symbols from the zoning of the Owners' Commercial Lands as soon as is reasonably practicable after the satisfaction of the last condition referred to in paragraph 13( d) to be satisfied, is satisfied. If any notice or other document is required to be or may be given by the Municipality or by any official ofthe Municipality to the Owners by these Principles, such notice shall be transmitted by telefax, mailed by first class prepaid post or delivered to: To the Owners: Players Business Park Ltd. 1700 Langstaff Road Suite 2003 Concord, ON UK 3S3 Attention: Mr. Bruce Fischer and: West Diamond Properties Inc. 30 Floral Parkway Concord, ON UK 4Rl Attention: Mr. Robert DeGasperis and: 1613881 Ontario Inc. 1700 Langstaff Road Suite 2003 Concord, ON UK 3S3 Attention: Mr. Bruce Fischer OR, To the Municipality: The Municipality of Clarington 40 Temperance Street Bowmanville, ON Ll C 3A6 Attention: Director of Planning Services Fax: 905-623-0830 or such other address of which the Owners have notified the Municipality in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the I I I I I I I I I I I I I I I I I I I 27 terms of these Principles and shall be effective from the date which it is so mailed or delivered. Actin!! Reasonablv 15. All discretionary decisions by officials of the Municipality referred to in these Principles shall be deemed to be qualified by the words "acting reasonably". Chan!!es in Number or Gender 16. These Principles shall be read with all changes of gender or number required by the context. Successors 17. These Principles shall enure to the benefit of and be binding on the parties hereto, and their respective successors and assigns. Assumntion of Obli!!ations 18. (a) The Owners and 1613881 covenant and agree with the Municipality that it shall be a general and indispensable condition of any sale, mortgage or charge or a lease for a term including entitlement to renew of 21 years or more either of the whole or anyone or more portions of their respective lands or any assignment or sublease of such a leasable interest with an unexpired term including entitlement to renew of 21 years or more of the whole or anyone or more portions of such lands, that each proposed transferee, mortgagee, chargee, lessee, assignee or sub- lessee, as the case may be, has entered into an agreement with the Municipality prior to and conditional on the transaction in question taking place, assuming each of the relevant obligations and covenants ("Assumption Agreement") provided for in these Principles to the extent applicable to the lands in respect of which such I I I I I I I I I I I I I I I I I I I 28 interest is being acquired, save and except those obligations and covenants that have been discharged by performance to the satisfaction ofthe Municipality or are included in a Subdivision/Consent Agreement made pursuant to section 51 or section 53 of the Planning Act registered against the title to such lands which the Municipality's Solicitor, acting reasonably, considers to be enforceable against successors in title to the relevant portion of the Owners' Commercial Lands pursuant to the provisions of the Planning Act. For greater certainty, the provisions of paragraph 5 shall only be required to be assumed by a purchaser, mortgagee, chargee, lessee, assignee or sub-lessee of lands subject to the Brookbill Residential Draft Plan and the provisions of paragraph 6 shall only be required to be assumed by a transferee, mortgagee, chargee, lessee, assignee or sub-lessee of lands owned by 1613881 as described in paragraph 1, and any transferee, mortgagee, chargee, lessee, assignee or sub-lessee of such lands (unless they also acquire such an interest in any portion of the Owners' Commercial Lands) shall not be required to assume the balance of the Owners' obligations hereunder. Where a mortgage, charge, lease, assignment of lease or sublease of a leasehold interest is given by way of security for financing then such mortgagee, chargee, lessee, assignee or sub-lessee, thereunder shall not be bound to assume such of the Owners or 1613881 's obligations and covenants unless and until such mortgagee, chargee, lessee, assignee or sub-lessee takes possession or control of the property pursuant to such security. Where any of the obligations and covenants of a party to these Principles other than the Municipality have been assumed unconditionally by a transferee, lessee, assignee or sub-lessee ("Assuming Party"), as the case may be, who has acquired the title to all or a portion of the respective Owner's Commercial Lands and entered into the aforesaid Assumption Agreement with the Municipality, then the Owner, an Assuming Party or an Assuming Party's successor in title of that land, as the case may be, shall be deemed to be released from its obligations and covenants hereunder to the extent that such obligations and covenants have been so assumed. Similarly, if an Assuming Party or a successor in title of an Assuming Party proposes to enter into a transaction referred to in this paragraph, an I I I I I I I I I I I I I I I I I I I (b) 29 Assumption Agreement is required to be made with the Municipality prior to and conditional on the transaction in question taking place. In the latter case, the provisions of this paragraph shall apply with all necessary changes being considered to have been made in order to give effect to the intent of the penultimate sentence ofthis paragraph 18(a). Concurrent with the delivery of these Principles by each of Players, West Diamond and 1613881 to the Municipality, they shall deliver to the Municipality an application duly executed by such Owner in registerable form and containing such terms as the Municipality's Solicitor, acting reasonably, requires, made pursuant to section 118 of the Land Titles Act to restrict the transfer, charge or lease of their respective lands or any portion thereof without the prior written consent of the Municipality. The Owner, Owners or Assuming Party, as the case may be, shall request the consent of the Municipality by notice in writing given to the Municipality not later than three (3) weeks prior to the date specified in the notice of the proposed transfer, mortgage, charge, lease, assignment of lease or sublease of a leasehold interest. The written consent of the Municipality shall be granted and the Municipality shall notify the Land Registry Office of that fact prior to the date of the proposed transfer, mortgage, charge, lease, assignment of lease or sub-lease, as the case may be, provided that (i) the provisions of paragraph 18(a) are satisfied, and (ii) any necessary Assumption Agreement has been made by the proposed transferee, mortgagee, chargee, lessee, assignee or sub-lessee, as the case may be. (c) Paragraph 18(a) shall terminate with respect to the land within a Precinct or a Sub-Precinct of a Precinct when development of it to implement the Concept Plan for Development of the entire Precinct or Sub-Precinct, as the case may be, is completed. Forthwith after each such completion of development of a Precinct or a Sub-Precinct, as the case may be, the Municipality shall cooperate with the Owners or an Assuming Party, as the case may be, in applying to expunge the Notice under section 118 of the Land Titles Act referred to in paragraph 18(b) I I I I I I I I I I I I I I I 'I I II I I I 30 from the title to the relevant Precinct or Sub-Precinct in question. Any necessary reference plan of surveyor amendment thereto required to accomplish this end shall be prepared and deposited on title in the Land Registry Office at the cost of the Owner or Assuming Party, as the case may be. Withdrawal of Appeals 19. On or prior to Final Approval of OPA 43, OPA 44, Zoning By-law Amendment 2006- 046 and 2006-047 as they apply to the Owners' Commercial Lands being received, Players and West Diamond will withdraw their appeals to the Ontario Municipal Board under OMB File No. Z030175 (pL031180) and OMB File No. 0030411 (PL031180). Authority of Municipality 20. Players, West Diamond and 1613881 acknowledge and agree that the Municipality has authority to enter into these Principles, that every provision hereof is authorized by the law and is fully enforceable by the parties, and that these Principles are executed by the Municipality in reliance on the acknowledgement and agreement of Players, West Diamond and 1613881 as aforesaid. Status Statemeut 21. Within ten (10) days of receiving a written request from any Owner, the Municipality shall provide a written statement either confirming that the requesting Owner is in good standing and not in default of any provisions of this Agreement, or setting out the manner and extent to which such requesting Owner is in default. Reeistration of Principles on Title 22. Players and West Diamond hereby consent to the registration of a Notice of these Principles as a charge against the title to their respective lands identified under PINs I I I I I I I I I I I I I I I I I I I 31 26612-0113,26612-0114 and 26612-0024. 1613881 hereby consents to the registration of a Notice of these Principles as a charge against the title to its lands identified under PIN 26613-0102. Players and West Diamond further consent to the registration of the Option on the title to the lands to which they apply referred to in paragraph 9. Termination After Final Approval 23. (a) In the event that the Owners have not received approval of a draft plan of subdivision or a provisional consent to divide the Owners' Commercial Lands as provided for in paragraph 3, and have not commenced or permitted construction of a building thereon contrary to paragraph 3, at any time within a period ofthree (3) years from the date of Final Approval of the Planning Documents, the Owners may give the Municipality written notice that they have elected to terminate the provisions of these Principles except those provisions that are referred to in paragraph 23(c). If the Owners have not given the Municipality notice of termination as aforesaid, at any time after the expiry of three (3) years from the date of Final Approval of the Planning Documents, provided that the Owners have not commenced construction of a building in compliance with paragraph 3 hereof, the Municipality may give the Owners written notice that it has elected to terminate the provisions of these Principles except those provisions that are referred to in paragraph 23(c). In the case of notice of termination being given either by the Owners or by the Municipality as aforesaid, the Owners shall make the payment to the Municipality required by paragraph II if such payment has not been made by the date of the notice of termination. The notice of termination shall be effective on the later of the date on which the written notice is given by a party to the other party, and the date on which the payment required by paragraph II is made to the Municipality. (b) If notice of termination is given pursuant to paragraph 23(a), without fettering the Municipality in the exercise of its legislative discretion, the parties state their present intention to be that the Municipality will repeal the Planning Documents within six (6) months thereafter, provided that appropriate provision is made to I I I I I I I I I I I I I I I I I I I (c) (d) 32 ensure that section 16.l0.1(b) of the Municipality's Official Plan which was in effect immediately prior to the Final Approval of the Planning Documents, is not readopted or re-enacted by the Municipality. Subject to the latter requirement, the Owners and 1613881 will not object to the Municipality repealing the Planning Documents in whole or in part. They also will not object to the Municipality adopting or passing an Official Plan Amendment and Zoning By-law Amendment in the same terms as those that were in effect immediately prior to the Final Approval of the Planning Documents, provided that the Official Plan Amendment does not contain a provision to the same effect as section 16.10.1 (b) of the Municipality's Official Plan which was in force immediately prior to the Final Approval ofthe Planning Documents. The provisions of these Principles that will not terminate if a notice of election to terminate is given under paragraph 23(a) are the following: Paral!raphs 5 6 10 11 14 15,16,17,20,21, 22,23,24,26,27,28 Notwithstanding the foregoing provisions of this paragraph, if a notice of election to terminate is given pursuant to paragraph 23(a), the provisions of paragraph 5 respecting Boswell Drive from the north limit of the Owners' Commercial Lands shall be deemed to be amended so as to refer to Boswell Drive from Highway 2 to Brookhill Boulevard in addition to Brookhill Boulevard easterly to Green Road except that the timing of construction of Boswell Drive from the north limit of Highway No.2 to the north limit of the Owners' Commercial Lands including intersection improvements at Highway No. 2 and Boswell Drive shall not be required to be undertaken in conjunction with the first phase of development of lands to which the Brookhill Residential Draft Plan applies unless the traffic study I I I I I I I I I I I I I I I I II I !I I- 33 referred to in paragraph 5(a) as approved by the Municipality's Director of Engineering Services so provides. All necessary changes to paragraph 5 and its heading shall be deemed to have been made in order to give effect to the intent of this paragraph 23(d). Expunl!ement of Principles From Title After Satisfaction 24. Without derogating from the provisions of paragraph 2 of these Principles, forthwith after the last of the provisions of these Principles, other than paragraphs 14 to 17 and 20 to 22, to be satisfied has been satisfied, the Municipality will consent to and co-operate with the Owners in expunging the Principles or the Notice thereof and Notice under section 118 of the Land Titles Act, from the title to the lands on which they or it have been registered, provided that the Option, including the terms and conditions set out in paragraphs 9(a), 9(b) and 9(c) and Schedule "G", has been and continues to be registered on the title to the lands which comprise Private Roads A, BI and B2 if they have not been transferred to the Municipality, and all payments required to be made by the Owners to the Municipality under paragraphs 10 and II have been made. Consent to Injunction if Occupancy of Large Format Retail Store Contravenes Certain Provisions of Zoninl! Bv-Iaw Amendment 2006- 25. If the Municipality's Council determines in its absolute discretion that the Owners have occupied or have caused to be occupied a Large Format Retail Store on Precinct "X" and/or on Precinct "Y" shown on the Concept Plan for Development contrary to sections 22A.4.1(b)(iii) or 22A.4.2(c)(v) of Zoning By-law Amendment 2006-047, the Owners hereby irrevocably, (i) agree that any such breach will result in irreparable damage to the Municipality which cannot be compensated in damages; (ii) consent to an Order being issued by the Ontario Superior Court of Justice without notice to the Owners, granting an injunction to the Municipality to restrain the I I I I I I I I I I I I I I I I I I I 34 occupation of the Large Format Retail Store(s) in question contrary to section 22AA.l(b)(iii) or section 22AA.2(c)(v) of Zoning By-law Amendment 2006-047 ("Injunction"); and (iii) agree to pay to the Municipality its reasonable legal costs and disbursements in applying for, obtaining and enforcing the Injunction forthwith after written notice is given to the Owners requiring them to do so. Authority to Add Certain References 26. The Municipality, the Owners and 1613881 irrevocably authorize the Municipality's Solicitor after prior consultation with their solicitor to add to these Principles references to Part and Plan numbers and By-law and Resolution numbers. Further Assurances 27. The parties hereby covenant and agree, after a request in writing by one party to the other parties, to forthwith execute and provide all further documents, instruments and assurances as may be necessary or required in order to carry out (and give effect to) the true intent of these Principles, and to effect the registration against and release from title to the lands subject to this Agreement of such notices or other instruments in accordance with the provisions of this Agreement. Enurement 28. These Principles shall enure to the benefit of and bind the parties hereto and their respective successors and assigns. Time of Essence 29. Time shall in all respects be of the essence of these Principles. I I I I I I I I I I I I I I I I I I I 35 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 of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE DELIVERED ) MUN A , ~tf3ARI~GT~N ) In the presence of: ) Z. r~,,-- - ) - ) ) ) ) ) ) PLAYERSBU ) ) ) Name: Title: ) ) ) Name: Title: ) ) ) WEST DIAM OPERTIES INC. ) ) ) Name: Title: ) ) ) Name: '" Title: ) ) , . ) 1613881 ON 0 C. ) , ) ) Name: Title: ) ) ) Name: Title: ) I I I I I I I I I I I I I I I I I I I SCHEDULE "A" COpy of OP A 43, OP A 44 and Zoninl!: By-law Amendment Nos. 2006-046 and 2006-047 I I I I I I I I I I I I I I I I I I I I I AMENDMENT NO. 43 TO THE CLARINGTON OFFICIAL PLAN March 1,2006 PURPOSE: To implement the recommendations of the Commercial policy Review and the Bowmanville West Main Central Area SecondaJY Plan Review. Amendment 43 amends the Clarington Official Plan, the Bowmanville East Main Central Area SecondaJY Plan, the Courtice Sub-Central Area SecondaJY Plan, the Newcastle Village Main Central Area SecondaJY Plan and the South-West Courtice SecondaJY Plan. BASIS: This Amendment is based on the Clarington Commercial Policy Review: Final Report - Recommended Policy Changes dated May 30, 2005 and the Bowmanville West Main Central Area Secondary Plan Review dated May 30, 2005 prepared by Meridian Planning Consultants Inc., the supporting analysis by market, urban design and transportation and engineering sub-consultants and further reviewed by municipal staff. ACTUAL AMENDMENT: The Clarington Official Plan The Clarington Official Plan is hereby amended as follows:. . 1. By adding a new Section 4.2.9 as follows: "4.2.9 To minimize light pollution from existing and new development" 2. By adding a new Section 4.3.6 as follows: "4.3.6 The Municipality will seek to minimize light pollution by: a) developing lighting standards for all forms of development to ensure community safety while minimizing negative impacts from lighting; b) utilizing appropriate street-lighting; and c) retrofitting existing street-lighting luminaries over. . time." 3. In Section 5.3.6, by replacing the words "Main or Sub-Central Areas" with the words "Town and Village Centres". 4. In Section 9.3.5, . a) by deleting the number "100" in Sub-section a) and replacing it with the number "500"; 1 I I I I I I I I I I I I I I I I I I I b) by deleting the words "is not located on" in Sub-section c) and replacing them with the words "does not have direct 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," . 5, In Table 9-1, by replacing the words "Central Areas" with the words "Town or Village Centres", - .6. . By deleting Table 9.2, and replacing it with anew Table 9.2 as follows' .. . . Table 9-2 Housing Ta;gels by Neighbourhoods Urban Area Housing Unils Neighbourhoods Low Medium High Intensification Total Courtice Nl Town Centre 0 0 250 100 350 N2 West Shopping Dis1rict 0 0 0 350 350 N3 Wonlen 1175 125 0 100 1400 N4 Highland 1225 100 0 75 1400 N5 Glenview 550 535 0 50 1135 N6 Hancock 550 100 0 25 975 N7 Avondale 825 200 0 275 1300 N8 EmIly SIowe 1475 275 0 550. 2300 N9 Penlound 1075 75 0 75 I 1225 Nl0 Dar1lngton 450 25 0 383 858 Nll Bayview 1150 300 125 50 1825 N12 Fa",well Heighls.' . . . . . TOTAl sn5 1735 375 . 2033 12918 Bowmanllille .. Nl East Town Centre 0 700 225 275 1200 N2 WestTown Centre 0 250 1500 0 1750 N3 Memorial 975 0 250 350 1575 N4. Central 425 125 75 75 700 N5 VIncent Massey 1025 200 0 175 1400 N6 Apple B10ssan 1300 225 0 125 1650 N7 ElgIn 1025 200 50 150 1425 N8 Fenwick 1325 525 0 100 1950 N9 Knox 1450 300 175 125 2050 Nl0 NO<1hglen 975 250 50 50 1325 Nl1 Brookhil 1325 350 0 75 1750 N12 Dar1ington Green 700 175 0 125 1000 N13 Westvale 1025 375 275 75 1750 N14 WaWl1y 1075 275 50 75 1475 N15 Port Darlington 550 450 175 25 1200 2 I I I I I I I I I I I I I I I I I I I TOTAl 13175 4400 2825 1800 22.200 NewcasUe Vdlage , , N1 Vdlage Centre 0 100 50 75 225 N2 Graham 1075 100 0 ,100 1275 N3 Fosler 1450 200 0 125 1775 N4 Port of NewcasUe 500 325 250 0 1075 N5 North Vdlage 1050 250 0 50 1350 N6 Wdmct 960 0 0 0 960 TOTAl U 5035 975 300 , 350 6660 7. In Section 9.5.5 c}, by replacing the words "Local Central Areas.. , with the words "Neighbourhood Centres.. ' 8. In Chapter 1 O. by deleting the words "Central Areas" in the title and replacing them with the words "Town, Village and Nc~hbourhood Centres". 9. In Section 1 0.1.1, by deleting the words "Central Areas" and replacing them with the words "Town and Village Centres". , 10. In Section 10.1.2; by deleting the words "other types of , speCialized commercial uses to meet the needs of residents. and by replacing them with the words "a full range of choice in goods and services for local residents and businesses." 11. In Section 10.1.3, by deleting the words "and direct them to appropriate locations. and replacing them with the words "in an appropriate manner." 12. By adding the following new section: "10.1.4 To protect and foster the role of downtowns~. 13. In Section 10.2.1, by deleting the words "Main Central Areas" and replacing them with the words "Town Centres (East and West)". 14. In Section 10.2.2, by deleting the words .Central Area" and replacing them with the words "Town and Village Centre". 15. In Section 10.2.3, a} by deleting the words "Central Areas. and replacing them with the words ''Town, Village, Neighbourhood and the Port of Newcastle Harbourfront Centres"; b) by deleting the word "and. between the words "parks. and "walkways. and replacing with a comma; and, e) by adding the words "and building forms and styles that reflect the character of the community" at the end of the sentence. 16. In Section 10.2.5, by adding the words "and auto-oriented building forms" to the end of the sentence. 3 I I I I I I I I I I I I I I I I I I I 17. By adding the following new section: "10.2.6 To provide opportunities for and to encourage future intensification and infill with new development' . 18. In Section 10.3, by deleting the words "for Central Areas'; from the section's title. 19, 'By deleting Section 10.3.1 in its entirety and replacing it with the following new section: "10.3.1 Town and Village Centres, Neighbourhood Centres, Highway Commercial Districts, the Courtice West Shopping District and the Port of Newcastle Harbourfront . Centre are shown on MapA, with population allocations indicated on Map E.- 20. By renumbering Section 10.3.2 as Section 10.4.5 and by making the following changes to the renumbered Section 10.4.5: a) . by deleting the words "Central Areas" in the first sentence and replacing them with the words "Town andVillag8' Centres"; . 'b) in Sub-section c) by inserting the words "municipal squares; before the words .pocket parkettes" and by inserting the word .street-related buildings; after 'the words .pocket parkettes.; . c) in Sub-section d) by deleting the words "Central,Areas' and replacing them with the words "Town and Village Centres"; and d) by adding the following new sentence at the end ofthe Section:' . "Urban design prim::iples will be further elaborated through the urban design policy for specific Town and Village Centres as set out in Section 10.4.6 ofthe Official Plan and Secondary Plans. Development shall comply with area specific urban design guidelines.- 21. By adding a new Section 10.3.2 as follows: "10.3.2 No new 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 additional development and intensification of the Bowmanville East and West Town Centres prior to considering of the expansion of existing Centres or Districts or designating new Centres or Districts. Notwithstanding the above, new Neighbourhood Centres 4 I I I I I I I I I I I I I I I I I I I may be designated through a neighbourhood planning process". 22. By deleting Sections 10.3.3 to Sectiori.1 0.3.6 inclusive; 23.. By adding a new Section 10.3.3 as follows: ~10.3.3 Applications to amend the Official Plan to expand significantly any Town, 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 impact on the planned function of Town and Village Centres. The retail impact study shall be prepared by an independent . qualified consultant retained by the Municipality at the . .. .. expenseofthe applicant." , 24. By adding a new Section 10.3.4 as follows: . "10.3.4 The ongoing health and vitality of Town and Village. Centres, in particular the historic downtowns, will be encouraged by: a) phasing major retail growth iri accordance with population growth in Clarington; b) municipal investment in public infrastructure; c) municipal programs to encourage private sector investment in redevelopment and the restoration and adaptive reuse of historic buildirigs; d) participation in appropriate programs of senior levels . of government; . e) preparation of community improvement plans; f) fostering and assisting merchant groups and associations; and. g) encouraging joint marketing efforts." 25. By adding a new Section 10.3.5 as follows: "10.3.5 Signage is recognized as an integral part of good. community design and image. ltis municipal policy that: a) the design and scale of sign age shall complement rather than dominate the landscape: b) it shall be incorporated as an integral part of a building or site layout wherever possible: 5 I I I I I I I I I I I I I I I I I I I c) it will not unduly detract from the overall visual attractiveness of the built environment for both pedestrians and motorists; and d) it will be designed and located so as not to be hazardous for either pedestrians or motorists. More specific guidance regarding signage shall be provided through urban design policies and the Municipality's Sign By-law. Special signage requirements may be defined for the historic . o_.~ .~..cdowotowDs.al1d.otbeLuniqueareas of the Municipaiity." 26. By adding a new Section 10.3.6 as follows: "10.3.6 As part of the Municipality's program of streetscape improvemenfs, de\ielopers or' owners of commercial properties will be encouraged to assist in the creation of a high quality public realm through contributions to street tree planting and street furniture in addition to landscaping improvements on private lands" 27. Section 10.3.7 is renumbered as Section 10.4.6 and amended as follows: a) by deleting the 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'. b) by deleting the words "for Central Areas' and replacing them with the words "of 10.4.5'. c).. by adding the words and punctuation "through the review and approval of development applications." after the words "shall be implemented'. d) 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 be achieved-. e) in Sub~section d) by adding words "with particular regard to screening parking areas visible to the street, providing shade for pedestrians and mitigating heat island effects' at the end of the clause. f) by inserting a new Sub-section (f) an~ (g) as follows: "f) lighting impacts will be minimized; g) energy efficient design and orientation which maximizes the use of alternative or renewable energy such as solar and wind energy and the mitigating effects of vegetation will be encouraged wherever possible;- 6 I I I I I I I I I I I I I I I I I I I and by renumbering all subsequent Sub-sections ofthe renumbered Section 10.4.6 accordingly." g) in renumbered Sub-section (h) by adding the words "wherever possible and in all other situations within separate buildings of similar designto the principal building on the lot" at the end of the clause. h) in,renumbered Sub-section (i) by deleting the word "and" after the word "unobtrusive" and adding the words and punctuation "anticipated noise impacts will be mitigated, the areas will be". '-28:>cln"Section=lil:4Fby'detetirrg-the words "Main Central Areas" in the title and replacing them with the words ''Town and Village Centres", 2!:. In Section 10.4.1, a) by deleting the words "Main Central Areas shall be planned and" in the first sentence and replacing them with t~e words "Town and Village Centres shall be "; "b) by deleting the words "activities within the Municipality"; 'and replacing them with the words "activity in each community with the Town Centres", c). by deleting the words ''They shall" in the second sentence" and replacing them with the words "Town and Village' Centres will"; " ' 30. By deleting Section 10.4.2 in its entirety, and by repll;lcing it with a new Section 10.4.2 as follows: "10.4.2 ," Each Town and Village Centre will have a distinct character and function generally in accordance with the following: a) Town Centres will belargerin scale, provide goods and services for a large segment of Clarington's population and will develop with a higher overall density than Village Centres; b) Bowmanville Town Centres (East and West) will be planned and developed as a centre of regional ' significance providing the highest level of retail and service uses and shall be the primary focal point of cultural, community, recreational and institutional uses in Clarington; , c) Village Centres will be smaller in scale, be developed at similar densities as the historic downtowns and shall serve primarily local needs for goods and services; and 7 I I I I I I I I I I I I I I I I I I I d) Town and Village Centres will maintain and enhance the historic character of each community." 31. By adding a new Section 10.4.3 as folloWs: "10.4.3 The Municipality will seek to achieve the following . targets for Town and Village Centres: . Centre Gross leasable Maximum Floor Floor Space for Space Index Retail and Service . ----lJses~-. -_',~,_""~'=.>~-,-. -'----. . (sauare metresl Bowmanville East . 80,000 1.5 Town Centre .. . . . Bowmanville West 100,000 1.5 . Town Cehtre Courtice 30,000 1.5 . .Town Centre Newcastle .. 20,000 0.75 Vilfaoe Centre Orono 7,500 0.4 Villaae Centre The maximum floor space index shown in Table 10.1 is the. . maximum floor space permitted on a net development parcel." 32. By deleting Section 10.4.4 in its entirety, and by replacing it With the following new Section 10.4.4: . ... "10.4.4 Town and Village Centres shall be comprehensively developed in accordance with Secondary Plans which shall encourage and provide for: . a) . residentialand/or mixed use developments in order to achieve higher densities and reinforce the objective of achieving a diverse mix of land uses; . b) redevelopment and intensification with a wide array of uses within the Town or Village Centre; and c) other uses that are complementary to the intended commercial functions." 33. By adding a new Section 10.4.7 as follows: "10.4.7 Drive-through facilities are not desirable in Town arid Village Centres. Drive-through facilities will be prohibited in certain areas and appropriately regulated in other areas to minimize impacts on roads and the . pedestrian environment, to ensure compatibility with adjacent uses and to achieve the built-form objectives of this Plan and the Secondary Plans. The following policies shall apply to the development cif drive-through facilities where they are permitted: 8 I I I I I I I I I I I I I I I I I I I a) any drive-through facility must be located.on a lot sufficiently sized to accommodate all activities associated with the drive-through facility; . b) all buildings containing drive-through facilities shall be oriented to the primary street frontage. No portion of the stacking lane and no parking spaces or drive aisle. shall be located within the setback area; c) drive-through facilities shall be sufficiently separated from residential uses to avoid issues of land use compatibility; . d)a drive-through facility will have sufficient dedicated stacking lane to prevent vehicles from interfering with on-site and off-site vehicular circulation; and u e) any additional policies as may be contained in Secondary Plans: . 34. By renumbering Section 10.4.3 as .Section 10.4.8" and: a) by deleting the words "Main Central Area" in the first , sentence and replacing them with the words "Town Centre"; b) by deleting the second sentence ill its entirety and by replacing it with the following new sentence: "Detailed land use policies for the Courtice Town Centre will be provided for in a Secondary Plan." . 35. In Section 10.5, by deleting the words "Sub-Central Areas. in the title and replacing them with the words "Courtice West Shopping District". . 36. By deleting Sedion 10.5.1 in its entirety, and by replacing it with the following revised section:. . "10.5.1 The Courtice West Shopping District serves the surrounding urban areas through the provision of uses' which complement the Courtice Town Centre including retail, service, office, residential, cultural, community and recreational uses." 37. By deleting Sections 10.5.2 and 10.5.3. 38. By adding new Sections 10.5.2 and 10.5.3 as follows: "10.5.2 In conjunction with the adjacent lands in the City of Oshawa, the Courtice West Shopping District shall be developed and function primarily as a shopping district serving portions of the Oshawa and Courtice urban areas. 10.5.3 Specific development policies and land uses shall be provided for in the Courtice West Shopping District Secondary Plan. All proposed development shall comply with the provisions of Section 10.4.6 c) to k)." 9 I I I I I I I I I I ! I I I I I I I I I . 39. In Section 10.6, by deleting the words "Local Central Areas" in the title and replacing them with the words "Neighbourhood . Centres". 40. By deleting Section 1 0.6.1 in its entirety, and by replacing it with . the following new section: "10.6.1 Neighbourhood Centres are to. serve as focal points for residential communities and provide for day to day retail and service heeds. They shall be planned and . developed in a comprehensive manner. The ... ~~.l11.axiffi!!!],13.f!1.QQI1.Lof ()fOSS 1E)C.ls~J;>lElJ!()Qr~pacei~ any one NeighbourhoodCentre shall be 5,000 square metres." . . 41. In Section 10.6.2., a) by deleting from the first sentence, the words "Local Central Areas shall develop as mixed use areas containing commercial, residential" replaeing them with the words "Neighbourhood Centres are intended to be developed with adjacent areas as transit nodes containing higher density residential uses and wherever possible "; and b) by deleting the second sentence. 42. In Section 10.6.3, . a) by deleting the first sentence and replacing it with the following: "An appropriate range of retail and service uses will be identified in the Zoning By-law in accordance with the following: a) uses will be appropriate to be located in proximity to adjacent residential areas; b) uses will be limited in scale; c) drive-through restaurant uses will not be permitted; and d). mixed-use development will be encouraged." b) by deleting Table 10-1 in its entirety. 43. By deleting Section 10.6.4 in its entirety and by replacing it with the following new Section 10.6.4: "10.6.4 In the review of development applications, the following site development and urban design criteria will be implemented: a) a floor space index for retail uses on any site not. exceeding 0.30; b) a maximum combined floor space index of 0.50 where there are second storey office or residential uses; 10 I I I I I I I I I I I I I I I I I I I c) with the exception of a grocery store/supermarket, a maximum of 500 square metres of gross leasable floor area for any individual store; . d) street-related building forms are preferred but as a minimum direct pedestrian access will be provided fror:n the street to some stores within 4 m of the . streetline; e) compliance with Section 10.4.6 b) to i); and f). provision of a public square in accordance with Sections 10.6.5 and 10.6.6." 44. In Section 10.6.5. ':-.--a) by deleting the words "Local Central Areas. inthe first sentence and replacing them with the words "Neighbourhood . Centres.; . b) by deleting the words ''for the community" in the first sentence; and . c) by deleting the words "For those Local Central Areas with a public square requirement on Table 10-1, a publicly- accessible square shall be constructed either as a public parkette or as part of a commercial development: from the second sentence and replacing them. with the. words 'Public squares will be designed as a high quality urban environment w.ith such amenities as appropriate paving,. landscaped areas, benches, refuse containers, bicycle stands, lighting, public art and other elements that enhance . the social and physical environment." 45. By deleting Section 10.6.6 in its entirety and replacing it with the following: "10.6.6 Public squares shall be constructed either as a public parkette or as part of a commercial development with . the right of the public to access the square secured by appropriate means. Public squares are required at the following Neighbourhood Centres: . . Bloor/Prestonvale . Liberty/Longworth . . . Regional Road 57/Concession Road 3 . Concession/Mearns . Port of Newcastle . Any new Neighbourhood Centres identified by amendment to this Plan: 46. By deleting Section 10.7 in its entirety and replacing it with the following: 11 I I I I I I I I I I I I I I I I I I I "10.7 Port of Newcastle Harbourfront Centre 10.7.1 The Port of Newcastle Harbourfront Centre is identified -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. .~,~,"."iQ.L2Witl1in~tbe-..-Harb_QurfIDnLC.entre~~J1~rje.ty,..QL.uses- are permitted which are compatible with the marina and District Park including multiple residential, retail and services uses, professional offices, a small hotel, places of entertainment, and recreational, --- cultural and community facilities. R.etail uses will be appropriate for and scaled to meet neighbourhood or tourism needs. The hotel shall be appropriately designed and scaled for a small town harbourfront location. The maximum number of multiple residential units in the Harbourfront Centre is 250. 10.7.3 The Harbourfront Centre 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 be harmonious in' form and architectural style, have a consistent setback from the street and valley, and shall be oriented to provide views of the waterfront and the marina; - - b) buildings will have a maximum height of five storeys on the front and/or street facades; c) the maximum floor space index for any site shall not exceed 0.75; d) a safe, well-defined pedestrian walkway system will link to the Waterfront Trail, the marina area and the District Park with attractive landscaping and signage to enhance the pedestrian experience; e) a consistent design and use of materials will be used for all signage, benches and light fixtures throughout; f) convenient parking areas shall be screened by landscaping; 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 I I I I I I I I I I I I I I I I I I I lighting and. other elements to enhance the overall character of any residential development. . 10.7.4 A public square shall be designed as an integral component of the Harbourfront Centre. . It shall serve as a neighbourhood gathering place and a centre of attraction for tourists. The public square shall be designed and developed in accordance with the following: a) it shall. comply with public square provIsions of ____H_ --- ---- :=;c:=-=SeGtions"1:Q,6,SiffieF1Q;:€l;:6i----=-=-c-=,'-=:c......--- ___ b) it shall be Ibcated in association with commercial and hotel uses; . c) itshallbephysicallydefined by building facades; and' d) it shall provide _opportunities for views, vistas and . pedestrian linkages to the surroundings area." 47. By deleting Section 10.8 in its entirety. 48. By renumbering Section 10.9 as Section 10.8, by renumbering the Sub-sections of renumbered 10.8 accordingly, and by . deleting the words "Highway 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 Section 10.8.1 and replacing it with the following: . "Highway Commercial Districts are to serve the specialized needs of residents on an occasional b~sis. 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 vehicle sales and service 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 stores, food stores, banks and warehouse merchandise clubs." - 50. In the renumbered Section 10.8.2, a) by deleting the word. "Areas" in the first sentence and replacing it with the word "Districts; b) in clause c) Bullet 1 by adding a "semi-colon" at the end; c) in clause c) Bullet 2 by adding a "semi-colon" at the end; d) in clause c) Bullet 3 by adding a "semi-colon" and the word . "and" at the end; - 13 I I I I I I I I I I I I I I I I I I I e) in clause d) by deleting the word "and" at the end of and replacing it with a "period"; and ' f) by deleting clause e). 51; In the renumbered Section 10.8.3, a) by deleting the word "Areas" from the first sentence and replacing it with the words and figures "Districts in Section' 10.8.2"; b) by deleting clauses d), f) and g) andrenumbering clause e) aSc;I13.!l_Se ~Qr;'anJL_..:_~___~~___"_.._~__~,......~ c) by adding a new clause e) as follows: "e) compliance with the provisions of 10.4.6 c) to i)." ' B? ,hi renumbered Sedion 10.8.4, by deleting the word "Areas" from the first sentence and replacing it with the word "Districts". 53. By deleting renumbered Sectioi11 0.8.5 in its entirety. 54. By renumbering Section 10.10 as Section 10.9 by deleting the second sentence and by replacing it with the following: ' "Service stations are establishments which primarily sell gasoline and associated automotive products. A service station may include accessory uses such as the repair of vehicles; a car wash, re,staurants, and a small convenience store." 55. In renumbered Section 10.9.2, a) by adding, the word "that" after the word "provided"; b) by deleting Sub-section a) and replacing it with the following; "a) a maximum of one (1) service station may be permitted at any intersection, with the exception that in a Highway Commercial District or Employment Area a maximum of two (2) service stations may be permitted diagonally opposite each other at any intersection;" c) by deleting Sub-section b) and replacing!t with the following new Sub-section b) as follows; "b) it is not adjacent to or opposite schools or public recreation facilities;" d) in Sub-section c) by deleting the words "locations shall" and replaCing them with the words "it does", ' , e) by deleting Sub-section e), and replacing it with the following: ' "e) primary access is taken from an arterial 'or collector road; and" f) by adding a new Sub-section f) as follows: 14 I I I I I I I I I I I I I I I I I I I "f) it has no undue adverse effect on adjacent residential uses.". . 56. By deleting the renumbered Section 1 0.9.3 and replacing it with the following: "10.9.3 Notwithstanding Section 10.9.2 a), service stations \Viii not be permitted at prominent intersections in Town or Village Centres or other locations which Council deems to have important visual significance for gateways to communities." 57. By renumbering Section 1 0.9.4 as 10.9.5 and by adding a new - Section 10.9.4 as follows: "10.9.4 Service stations will be designed with the following considerations: a) high quality architectural design, landscape treatment and fencing with particular attention to . corner treatment; b) lots should be sufficiently large to accommodate the proposed uses and provide appropriate buffers to adjacent uses; c) access points to each site shall be limited in number and shall not impede traffic flows. Internal access to adjacent commerCial properties shall be . 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 square metres of floor area, general/ybe sited on the street corner; and in urban areas provide direct pedestrian access from the 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 impacts identified by a noise study; h) signage shall be minimized; and i) lighting and glare will be minimized in accordance with municipal policy and appropriate road authority requirements.;' . 15 I I I I I I I I I I I I I I I I I I I 58. In Section 11.5.2, by deleting the last sentence that reads "Large scale retail warehouses may be permitted by amendment to this Plan subject to the provisions of Section 10.9.5". 59. In Section 12.4.1, by adding the words "service stations" after the words .arts and craft shops. in the third sentence, and by addin9the following new sentence at the end of the Section: , "Service sta,tions shall also be subject to the policies of Section 10.9 of this Plan." 60. In Section 16.2.5, by adding the following after the first sentence. a_'. ".;;=~",,===~-"~~_.__ __n __ __" _ ____ _n _...____. ._ "-_,.-.='>'.,----..=-=-<<_-,,, ,."~ ., "The marina area is to be fully inte9rated with the designated Harbourfront Centre and shall be developed in accordance with ,the followil1g: a) an integra~ed system of publicly accessible walkways will connect the HarbourfrontCentre with the marina area, the District Park and the Waterfront Trail; , . b) the marina development will be fully integrated with the District Park with complementary recreation facilities and' amenity: areas, ,joint access arrangements and shared , parking facilities; c) the marina clubhouse will have complementary architectural style. and form, and shall incorporate common streetscape eleme~ts and landscape themes with the Harbourfront Centre development; and d) off-season boat storage shall be only permitted immediately , adjacent to the marina." 61. In Section ,16.7.1, by replacing the word "Areas. with the words "Districts.. 62. In Section 16.8.2, by replacing the words "Main and Sub- Central Areas. with the words "Town and Village Centres.. 63. In Section 16.10, by deleting the entire section and replacing it with the following notation: "16.10 Special Policy Area H deleted by Amendment 43. 64. . In Sections 17.2.1 and 17.2.2, by deleting the words "Main Central Area" from these Sections and by replacing them with the words "Town Centre., , 65. In Section'18.5.4, by replacing the words "Main Central Areas. with the words "Town and Village Centres.. '66. In Table 19-1, by replacing the words "Central Neas. with the words "Town and Village Centres.. 67, In Section 19.5.4, a) by deleting the words "Main and Sub-,Central Areas and the Orono Local Central Area shall reflect" from the third 16 I I I I I I I I I I I I I I I I I I I sentence and by replacing them with the words "Town and Village Centres"; b) by deleting the words "reflect the" in the third sentence and. by replacing them with the words "be consistent with"; c) by deleting the words "East Main Central Area" in the last sentence and by replacing them with the words ''Town Centre"; .. e) by deleting the words "Main Central Area" after the words "Newcastle Village" in the last sentence and by replacing them with the word "Centre"; and --,--~.....=-.,."~,=,""__.,,-,,_c,,,--,_,.,,-,~___ .__".,. ''''__d._"_____ . .'.... f) by deleting the words "Local Central Area" in the last sentence and replacing them with the words ''Village. Centre", . 68, By adding a new Section 19.5.5 as follows: "19.5.5 The Municipality will undertake a streetscape improvement program with particular attention tbTown and Village Centres, the Regional Transit Spine on Hi9hway 2, and gateway locations to each urban community," 69. In Section 19.5.5, by amending the references to correspond with the new designations for Town and Village Centres such thatTable 19-2 reads as follows: . TABLE 19-2 EXCEPTIONS TO ARTERIAL ROAD STANDARDS IN TOWN AND VILLAGE CENTRES AND HAMLETS Town or Village Centre or Road From . To Right-of-way Hamlet . . Widtll Courtice Town Centre Trulls Road South limit of North limit of 30m Town Centre Town Centre .. Bowmanville East Town . King Street Bowmanville Mearns Avenue 2().26m Centre Creek Newcastle Village Centre King Street West Urnit of Mill Street 2().26m ViIlaoe Cenb'e King Street Mill Street East limit of 26-30 m . Villaae Centre . Mill Street South lirn~ of .. North.limit of 2()'26m . Villane Centre Villa"'; Centre . Orono Village Centre Mill Street Station Street North Um!t of 20-26 m Villane Centre Enfield Reg. Rd. 20 Westlimil of the East limit of the 36m Hamlet Hamiel Reg. Rd. a4 South limit of the . North limit 01 the 36m . Hamlet Hamiel . Enniskillen Reg. Rd. 3 Wesllimil of the Easlllmit of the 26-30 m Hamlet Hamiel Brownsville Hwy.2 West limit of the Easllimit 0I1he 30m Hamiel HamIel Newtonville Hwy.2 West limit of the Easllimit 0I1he 26m . Hamiel Hamiel . Reg. Rd. 18 South limit of the North limil of the 26m Hamlet Hamiel . 17 I I I I I I I I I I I I I I I I I I I 70. . By adding a new Section 19.6.3 as follows: "19.6.3 Notwithstanding the above provisions, on the future Brookhill Boulevard, private individual accesses to detached and semi-detached dwellings and street townhouses will not be permitted." . 71. In Section 19.8.1, by replacing the words "Main Centrai Area'with . the words 'West Town Centre". . 72. In Section 21.2.3, by replacing the words "Main Central Areas" with . the words "Town and Village Centres". 73.DeletingSection 23.8.2 and replacing it with the following: 2"'3.2 Aspartbf a submission for site plan approval, the Municipality requires that the proponent to demonstrate how the proposed design and the organization ofthe site and buildings: a) implements the urban design policies of the Official. Plan and any relevant Secondary Plans; . b) in Town and Village Centres and in Residential Neighbourhoods, contributes to compact, urban and pedestrian-orientedform and function that enhances " pedestrian and transit accessibility; c) safely addresses vehicular traffic impacts; 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 environment; e) protects, enhances or restores the Municipality's built heritage; . f) integrates with surrounding ultimate land uses and addresses impacts due to noise, traffic, overshadowing, and wind effects; . g) provides landscaped areas and urban amenities consistent with the context of the planned land uses and the Municipality's landscaping design and amenity requirements; h) makes appropriate provision for sequential staging of serVices including the construction of infrastructure to service the site; and . i) implements any other relevant policies of this Plan. . 18 I I I I I I I I I I I I I I I I I I I 74. In Section 24, by adding a definition for LEED 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. In Section 24, by deleting the definition for "Retail Uses" and replacing it with the following definition: "Retail Uses - Uses where goods or merchandise ar~ sold such as, fooa;O-generarrrierchaiidise, apparel, hardware, home furnishings, -_ specialty retail, beer, liquor and wine automotive products, and home improvement products, including department stores and S"'permarkets. .. 76. In Section 24, by deleting the definition for "Retail Warehouse" in its entirety. . 77. . In Section 24, by deleting the definition for ~Personal Service Uses" . and replacing it with the following definition: "Service Uses - Uses such as restaurants, hair salons,dry cleaners, shoe repair, video rental stores, tailors, laundromats 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 repair shops, and personnel agencies. 78. By adding the words "including roads" to the end of Sub-section 23.4.3 a). 79. By amending Map A2 -Land Use: Courtice as shown on Exhibit .MA-. . 80. By amending Map A3 - Land Use: Bowmanville as shown on Exhibits "B" and "B1'. 81. By amending Map A4 - Land Use: Newcastle Village as shown on Exhibit "Co. 82. By amending Map A5 - Land Use: Orono as shown on Exhibit "D'. 83. By amending Map B3 - Transportation: Bowmanville as shown on Exhibit "E'. 84. . By amending Map E1 - Neighbourhood Planning Units: CourtiC$ as shown on Exhibit "F". 85. By amending Map E2 - Neighbourhood Planning Units: Bowmanville as shown on Exhibit "G". 86. By amending Map E3 - Neighbourhood Planning Units: Newcastle. Village as shown on Exhibit "W. 19 I I I I I I I I I I I I I I I I I I I Bowmanville East Main Central Area Secondary Plan The Bowmanville East Main Central Area Secondary Plan is hereby amended as follows: 1. By renaming the Secondary Plan as the "Bowmanville East Town Centre Secondary Plan". 2. By deleting all references to "East Main Central Area" and replacing them with thEl_wo.rds_:EasLTow.nCentre" and by deleting all references to "West Main Central Area" and replacing them with the words "West Town Centre". . . . 3. By amend Section 3.2 by delete the words "provide for" and replacing them with the word "encourage", to delete the word "establishments" and replace it with the words "and service businesses", and to delete the words "in merchandise categories" such that it reads as follows: " "3.2 To encourage the vitality of retail and service businesses which serve a regional market" 4. By deleting Section 4.2. and replacing it with the following: "4.2 This Plan provides for approximately 80,000 square metres of retail and service floors pace, generally as follows: . a) Downtown 35,000 square metres b) East Business District 45,000 square metres" . 5. By renumbering the existing Section 4.5 as Section 4.6. 6. By inserting a new Section 4.5 as follows: "4.5 Future studieswill be undertaken to determine the intensification potential within the East Town Centre for additional residential and commercial development, consistent with emerging Provincial policy and the historic character of the community." 7. By adding a new Section 4;7 as follows: "4.7 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 intersections of King Street with Liberty Street, Simpson Avenue and Mearns Avenue are prominent intersections which Council deems to have important visual significance." 8. In Section 5.2, by deleting the word "personal" before the word "service". 9. 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 District west of Liberty Street" such that Section 5.3 reads as follows: "5.3 Notwithstanding the above, no drive-through retail or service establishments are permitted in the Street-Related Commercial ,20 I I I I I I I I I I I I I I I I I I I 10. 11. 12. 13. 14. 15. 16. 17. 20. 21. 18. Area in the Downtown and the portion of the East Business District west of Liberty Street." By deleting the title of Section 6 and replacing it with the titl~ "General Commercial Area". . In Section 6.2, by deleting the word "personal" before the word "service", By deleting the word "and" at the end of Sub-section 7.3 c). By renumbering Sub-section 7.3 d) to Sub-section 7.3 e). By adding a new Sub-section 7.3 d) as follows: "7.3 d)._ additions shouldfluham:;.e.Jhe pedestdan character of the streetscape; and" By deleting the title of Section 9and replacing it with the title "Parks and Square!!", ' By renumbering Section 9.3 as Section 9.4. By adding a new Section 9.3 as follows: . "9.3 The Municipality will endeavour to enhance the social and physical environment of the Downtown by creating a larger, . functional civic square in proximity to the Municipal .Administrative Centre." In Section 10.5, by adding the words "and private corporations" after the words "senior levels of government". In Sub-section 12.3 b), by adding the words "and architectural" after the words "historic". By amending Map A - land Use Downtown by deleting the words "East Main Central Area" from the title block and replacing them with the words "East Town Centre". By amending Map B - land Use East Business District as shown on Exhibit "\" . 19, The Courtice Sub-Central Area Secondary Plan The Courtice Sub-Central Area Secondary Plan is hereby amended as follows: 1. By deleting the title of the Plan and replacing it with the following new title, "Courtice West Shopping District Secondary Plan". 2. By deleting all references to the "Courtice Sub-Central Area" and replacing them with the words "Courtice West Shopping District". 3. In Section 4.2, by deleting the words and figures "permits a maximum of 28,000 square metres" and replacing them with the words "provides for . approximately 30,000 square metre.s". . 4. By adding a new Section 4.5 as follows: 21 I I I I I I I I" I I I I I I I I I I I "4.5 For the purpose of Section 10.93 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the intersection of King Street with VarcoeRoad/Darlington . Boulevard is a prominent intersection which Council deems to have important visual significance." 5. In Sedion 5,bydeleting the words "Primary Commercial Area" and replacing them with the words "General Commercial Area". 6. In Section 5.2, by adding a fifth bullet and the words "drive-through development in accordance with the policies contained in Section 10.4.7 of the Official Plan". . . 7. In Section 6.2, by adding a fifth bullet and the words "drive-through development in accordance with the policies contained in Section 10.4.7 of the Official Plan". . 8. In Section 8.1, a) by deleting the words and figures "Section 10.3.2 of the Official Plan" and replacing them with the words "Section 10.4.5 of the Official Plan"; . b) by deleting the words and figures "Section 10.3.7 of the Official PI~m" and replacing them with the words "Section 10.4.6 of the Official Plan"; and. . c) by deleting the words "Primary Commercial Area" and replacing them with the words "General ConimerciaIArea". 9. By amending Map A as shown on Exhibit" J". The Newcastle Main Central Area Secondary Plan The Newcastle Main Central Area Secondary Plan is hereby amended as follows: 1. By deleting the title of the Plan and replacing it with the title "Newcastle Village Centre Secondary Plan". . 2. By deleting all references to "Main Central Area" and replacing them with the words "Village Centre". 3. By deleting all references to "King Street" and replacing them with the . words "King Avenue". 4. In Section 1.1, by deleting the words "in the eastern portion" and replacing them with the words "to the east oIthe historic downtown". 5. In Section 4.2, by deleting the words "permits a maximum of 15,000 square metres of retail and personal service floor space by 2016" and replacing them with the words and figures "provides for approximately 15,000 square metres of retail and service f1oorspace". 6. Ih Section 4.3, by deleting the word "Neighbourhood" after the words "Port of Newcastle" and replacing it with the words "Harbourfront Centre". 22 I I I I I I I I I I I I I I I I I I I 7. By adding a new Section 4.6 as follows: "4.6 For the purpose .of Section 10.93 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the. intersections oIKing Avenue with North Street, Mill Street and Arthur Street are prominent intersections which Council deems to have important visual significance." 8. In Section 5.1, by deleting the number "10,3.2" and replacing it with the number "10.4.5". 9. By deleting the title of Section 6 and replacing it with the title "General Commercial Area", . ...~"- _.~~,...-,----.__._- -'._-~---'~' ~-~-~-,-..~-_.~_:::=-,--:::;~~--"."._..~=---,-- ...--- 10, In Section 6.2, a) in the first bullet, by deleting the words "retail, personal services and offic''',".and replacing them with the words "retail and service uses"; b) by changing the second bullet and tex! to be the third bullet and tex! and by adding a new second bullet as follows: . "professional offices"; and c) in the changed third bullet, by adding after "service stations" the following words "subject to the provisions of Section 10.9 ofthe Official Plan"~ . 11. In Section 6.3, a) by deleting the words "Strip Commercial Area" and replacing them with "General Commercial Area" b) by deleting the words Mconform with the site development criteria of Section 10.8.3" and replacing them with the words "conform to the site development criteria of Section 10.4.6". 12. In Section 7.2, a) by deleting the second bullet "retail, service and office uses" and replacing it with the bullet worded "smail-scale retail and personal service uses"; b) by deleting the third bullet "retail, service and office uses" and replacing it with the bullet worded "professional offices", 13. By adding a new Section 7.3 as follows: . "7.3 Notwithstanding the above, no drive-through facility shall be permitted in the Mixed Use Area." 14. By adding a new Section 7.4 as follows: "7.4 Redevelopmentwithin the Mixed Use Area will generally comprise the conversion of existing residential structures subject to the following criteria: a) the existing residential fayada of a house will be maintained with any additions at the rear or side of the dwelling; 23 I I I I I I I I I I I I I I I I I I I b) aI/ effort will be made to restore and preserve the historic character of . dwellings identified as heritage buildings on Map A; . c) aI/ development and redevelopment will maintain the established building setback and reinforce the pedestrian character of the street by providing streetscape enhancements and pedestrian amenities; d) parking will be located a1 the side or the rear of the property behind the . front facade of the building. In no case shal/ parking be permitted in . the front of the building; e) consolidation of smal/erland parcels will be encouraged; and --g)-aH-development-wilt-complywith-Section-HI*61;)-to-i)-oHheGfficial Plan." 15. In Section 11.3, by deleting the words "Section 10.3.2 of the Official Plan, . the sit-:-"lBvelopment criteria of Section 10.3.7 of the Official Plan" and replacing them with the words "Section 1 0.4.5 of the Official Plan, the site development criteria of Section 10.4.6 oftheOfficial Plan", 16. In Section 12.1, by deleting the Section and replacing it with the following: "12.1 Council shal/ ensure the continued safe and efficient traffic operations on King Avenue and subject to budgetary approval, may consider the fol/owing measures: a). improving road geometry, rationalizing lane arrangements, installing raised centre medians where appropriate and other 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 or traffic control devices; e) encouraging the relocation of undesirable private accesses; . ~d . f) . investigating the designation of King Avenue as a controlled . access road under the Municipal Act, 2001, and the closing of private accesses." 17. By adding a new Section 12.4 as follows: "12.4 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. By amending Map A - Land Use as shown on Exhibit "K" 24 I I I I I I I I I I I I I I I I I I I The South-West Courtice Neighbourhood Secondary Plan The South-West Courtice Neighbourhood Secondary Plan is hereby amended as follows: . 1. by amending Map A - Land Use as shown on Exhibit "L" 25 I I I I I I I I I I I I I I I I I I I EXHIBIT "A" To Official Plan Amendment No. 43 } / ~=""""""'"- 0""""""""""'"- """ ."'ILI. IlENSITI' ~~ [ID~ ""'''''''''' """"""'WEST SHClPPlNQ DlSTRlCT I Delete "Local Central Area" I ~RHOOO From .Sub-Central Area" To .Courtice West Shopping Dislricr ... "a. ~i E~ 00 ~g 0.. ~. ~~ a-'" .iii~ Z. . 0 EI- e ~ I,J.I-,""""'"""- I':'k~:,:til ~ NO ~=--""" -~""" 1'.,"IU1IUlY D~~ ."""""'1<:[ 1;;~;s;i!\1 WA1ERfROHT GREENWAY ~00Il.UNl1V_ @ COSllllCTI'MK 8 NOOHElOURHOOD PARI( a ~ .& rl j@ k I @ PllIIUC """""""''''''''''- -. """""""''''''''''- PUIIUC ElSlEM".... """"'- SlP-.E ElSlEM".... """"'- SElXlNDN<Y - - f'tAHNIHG AREA y ? ' r ....-....... SPa::W.. POI..lC't' NIEA _ SlUDY """ .. COST"ATION :ll;lIl <100 eoo ~.. -. .-'. \" '~\_~] 'c,", '"'"""--=-1 MAP A2 LAND USE COURTlCE URBAN AREA OFACIAl.PlAII MUNfCIPAlJ1Y OF Cl.ARING'TON """"". "" LAKE ONTAIil'O ~I'~ I~D"""""'" ~THERECIONQFDI.lltiW,l I I I I I I I I I I I I I I I I I I I EXHIBIT"B" To Official Plan Amendment No. 43 From "Neighbourhood Commercial- To "Neighbourhood Centre" MAP A3 LAND USE BOWMANVILLE URBAN AREA OFFICIAL. PLAN MUNICIPAUTY Of ctARlt<<m)N FEBRlJARf6,200li a- S 5 ,; oS ~ PU!IUC """"""'SCHOOl. SEP...... ......_SCHOOl. -...,. SECON_ SCHOOl. PUBUC EIalENTAR\' SCHOOL SEP....,. ElalfMMY SCHOOL -...,. ~D o HIGHWAY COOlIlEIlOOI. """" .......,. _El<l!W:I1ONN'EA ~ DISJRiCl' PARK --.____ SPECl.tL POlJCV <<A @ NEJGHBOURHOOD PARle _ SPf:CW. SIU7t <<A ... 'TOURISM NODE _ GO STATION I I I I I I I I I I I I I I I I I I I EXHIBIT lB1" To Official Plan Amendment No. 43 . .@ ~ @ e <{ o ~ . @@ - ~ G .. I I I I I I I I I I I I I I I I I I I EXHIBIT "e" To Official Plan Amendment No. 43 ---------- Rename from "Main Central Area" to "'Village Centre" Rename from "Local Central Area" to "Harbourfronl Centre" / / LAKE ONMRIO i:~~ - - - URBAN BOUNDARY r---l EN'YlRONMfNTAL L-J PROTEcnoH AREA !IlII GREEN SPACE I:;~;}}{I WAlf;RFRONT GREENWAY ~ CONt.lUN-fTY PARK ~ DEFERRED BY ~ nit REGION Of DURHAM 17/77;!FlI11JRE ~ URBAN RESIDENTIAL c==J ~BAN RESIDENTIAL r7M'l t.4EDIU~ DENSITY ~ RESIDENlW. VILlAGE CENlRE @I @I a s " ~ DISTRICT PARK HARBOURf'RONT CENTRE NElGH80URHOOO PARK PUBUC SECONDARY SCHOOL. SEPARATE SECONDARY SCHOOL PUOJC ELEMENTARY SCHOOL SEPAA.\TE Et.B.4ENTARY SCHOOL t I . I UTlUTY MAP A4 LAND USE NEWCASTLE VILLAGE URBAN AREA ...--..... SPECIAL POUCY MEA SECONDARY --- - PL>>INING AREA .. TOURISM NODE OfFICIAL PLAN MUNICIPAUTY _ OF ClARlNGTON I'mRIJ.l.RYS.:2006 ,~. 20Cl 400 600 500... I I EXHIBIT "0" To Official Plan Amendment No. 43 Rename from "Local Central Area" to "Village Centre" ~ --"'v",$~ o 200 400 600 800 m 200 m . Rename from "Neighbourhood Commercial" to "Neighbourhood Centre" URBAN BOUNDARY URBAN RESIDENTiAl VILlAGE CENTRE . ~ ~ D NEIGHBOURHOOO CENTRE HIGHWAY COMMERCIAL ENVIRONMENTAL PROTECTION AREA _ GREEN SPACE I[~ COMMUNITY PARK ~ DISTRICT PARK ~ PUBLIC . ELEMENTARY SCHOOL .......... SPECIAL STUDY AREA 3 MAP A5 LAND USE ORONO URBAN AREA OFFICIAL PLAN MUNICIPAUTY OF ClARlNGTON FEBRUARY 6, 2006 I I I I I I I I I I I I I I I I I I I . EXHIBIT "E" To Official Plan Amendment No. 43 . ~~~~T~~-~=-. 11 r fj ~ s ! ~ r f. , [ t o 200 +00 600 800 m 200 m -......- I . I I ----, I . . I I I DELETE COLLECTOR ROAD .: .~ ",', [;JI" Zl, iJ:l1 "", :El ---.:.6: l' I.:' . :~ .' ;i ,~ EXlsnNG .-~- ..::s..".. ..~~~ o OFFICIAL PLAN MUNICIPALllY OF CLARINGTON FEBRUARY 6, 2006 REFER TO SECTION 19 lHlS CONSOUDATlON IS PROVIDED FOR CONVWlENCE ONLY AND REPRESENTS REQUESTED MODIFICATIONS AND APPROVAlS LAKE ONVIIi'IO '" ,,,. c="'" URBAN BOUNllARY "::""'."~=_.:-~1'=".: ..~ FREEWAY lYPE A ARTERJAL - - - - lYPE B ARTERIAL ___nu_n__ lYPE C ARTERIAL COUECTOR R<iAo - - - - - - REGIONAL TRANSIT SPINE . .. . . . . . . INTER-REGIONAl TRANSIT UNE C= GO STATION MAP 83 TRANSPORTATION BOWMANVILLE URBAN AREA FUTURE €"jf'~ 1'T~1 ~ FREEWAY INTERCHANGE ," . . -.' GRADE SEPARATION I I I I I I I EXHIBIT "F" To Official Plan Amendment No. 43 . Rename from "Sub-Central Area" to "Courtice West Shopping District" ---9 1 I~ I I~ I~ Rename from "Main Central Area" to "Town Centre" r I ~I "I o 9 ~ PENFOUND '" (3500) ~ '" 5 If ~ " ~ , tg ," STREET 8 '~ li1 ~ '" - - - URBAN 80UNDARY NElGH80URHOOO 80UNDARY (1000) POPUlATION (*) SEE SECTION 17.6 w z ::; ~i I I BLOOR t · Uu. 200 m ------ ...---/ BASELINE ROAD I~ ...~ let: -,....... HIGHWAY 401 '0~ MAP E1 NEIGHBOURHOOD PLANNING UNITS COURTICE URBAN AREA OFFICiAl plJ\N MUNICIPAliTY OF CLARINGTON FEBRUARY 6, 2006 REFER TO SECTIONS 5 AND 9 LAKE ON7AR/O . EXHIBIT "G" To Official Plan Amendment No. 43 I I I I I I I I REVISE "WEST TOWN CENTRE" BOUNDARY ~-- -- I I I I CONCESSION ROAD 3 CHANGE POPULATION FROM "5000" TO "4500" ~ eJ '" ::i I DAR2~ONI. GREEN (2800) . CHANGE FROM "EAST MAIN CENTRAL AREA" TO "EAST TOWN CENTRE" BASEUNE ROAD HIGHWAY 401 15 ORT DARUNe;,; (3200) . t o 200 400 600 500 m 200 m <> <5 <r I '" I '" " :5 I I I I I I I 01 <5 '" s. zl 15 m . ONTARIO MAP E2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA - - - URBAN BOUNDARY N~GHBOURHOOD BOUNDARY (1000) POPULATION OFFICIAL PLAN MUNICIPALllY OF CLARINGTON FEBRUARY 6. 2006 REFER TO SECTIONS 5 AND 9 THIS CONSOUDATlON IS PROVIDED FOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIFlCA.TlONS MID APPROVALS I I I t EXHIBIT "H" To Official Plan Amendment No. 43 . ---, I I 5 II NORTH V1UAGE (3900) I I Rename from "Main Central Area" to "Village Centre" 6 WILMOT (1600) 3 FOSTER (5100) HIGHWAY 401 "l C.N.R. ~... ~- 00 B~ ""t: 2 GRAHAM (3700) 'I V/., , o 200 400 600 800 m ~ ~ - - - URBAN BOUNDARY LAKE ONl4R/O NeGHBOURHOOO BOUNDARY (1000) POPULA110N MAP E3 NEIGHBOURHOOD PLANNING UNITS NEWCASTLE VILLAGE URBAN AREA OFFICIAl PLAN MUNICIPALllY OF CLARINGTON FEBRUARY 6, 2006 REFER TO SECTIONS 5 AND 9 I EXHIBIT" I "To Official Plan Amendment No. 43 I I I I I I I I I I I I I I I I I I '" 3nN 3I\1~a ~ONV~H1VlliS ':":...1o.~'h:ti{c.::; ....::;.~......"........i: ~...."~ ." ..;:,,;:. - a l::JD~~vd e- o: Z ~ tj " '" ;:; i;! a. 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Cl . ...: 0 . a:: . . w DRNE 0 <.:> a:: BRIDLE COURT ~ Cl C5 a:: PARI( DALEPARK CHERRY BLOSSOM PARKET7E 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 00000000000000000000000000 00000000000000000000000000 o 000000000000000000000 o 00000000000000000 o 00000000000 o 0000000 w Z ::J Z ;;: f? F"OXHUNT CRr. 0000 0 0 00000000000000 0 0 00000000000000000000000 a 00000000000000000000000000 00 o~ogo~o~ogogogOgOgOgDgOgOg~oo oggggg~g~gggggg~ggggggggggg.ggg . ooooooooooooooooooooooooooo~.. . 000000000000000000000000000 DO 000000000000000000000000000 000 . ooooooooooooooooooooooooooo~o. 00000000000000000000000000 00. ~~oooooooooooooooooo 000 o~~ ~ooooooooooooaJo.. o ~~~00000 00 ~~.~gg . o . . . . . . ~ <Xl >- z w <.:> UJ w a:: <.:> w a:: c:: KINGSWAY GATE Add Internal Laneway z ~ z ::J a:: <3 50 m o 50 100 ~ [ ai o ::; o UJ UJ g CD & a:: w J: o . . . . t 150 m Rename from "Primary Commercial Area" to "General Commercial Area" Rename from "Courtice Sub-Central Area" to "Courtice West Shopping District" MAPA LAND USE COURTlCE WEST SHOPPING DISTRICT COURTICE WEST SHOPPING DISTRICT SECONDARY PLAN FEBRUARY 6, 2006 MIXED USE AREA GENERAL COMMERCIAL AREA ~ OFFICE COMMERCIAL AREA ---- INTERNAL LANEWAYS · .. · . . PEDESTRIAN WALKWAYS EXHIBIT "l" To Official Plan Amendment No. 43 I I I I I BLOOR ST. / ... I I I I I I I I I I I @ OLD BLOOR smEET o 0: GRAND VIEW DRIVE: :wr~: .~ .~~:::::~ .. p ......:... .. . ..... : : : . .... ..,------------.--------------~ 0 : . ..: 'ii' ,.1\ <<- I ........"'... \V '/1 I ........ I I I I I I '" ~I o ... . Rename from "Convenience Commercial" to "Neighbourhood Centre" ... sOUmGA TE: DRIVE: BASELiNE ROAD - - - PLANNING AREA BOUNOARY ~ FUTURE URBAN RESIOENTIAL c==J LOW OEN~TY RESIDENTIAL t:::;,"":;~:;'::,1 MEDIUM DENSITY RESIDENTIAL _ HIGH DENSITY RESIDENTIAL j:;::E)::::j NElGHBOURHOOO PARK F::;0:::1 PARKETTE ~r.~~jO,:~ ENVIRONMENTAL ..:;-"~ PROTEcnoo AREA ~ STORM WAlER FAClUTY ~ PUBUC ~ SECONDARY SCHOOL ~ PUBUC ~ ELEMENTARY SCHOOL ~ SEPARATE ~ aEMENTARY SCHOOL NEIGHBOURfiOOO CENTIlE m-~::--:~-] Ul1Ul1ES @ HERITAGE HOUSE ARl'ER1AL ROADS TY'PE A ARTERIAL ROADS TYPE B - - - ARTERIAL ROADS TYPE C -- - - -- -- - COlLECTOR ROADS .. LOCAL ROAD ACCESS ,'-, l ) INlERSECTION IMPROVEMENT '-' . ............. PEDESTRIAN AND BICYClE ROUTES Rename from "South West Courtice" to "Bayview NeighbOUrhood" MAPA LAND USE BAYVIEW NEIGIiBOURIiOOD SECONDARY PLAN FEBRUARY 6. 2006 I I I I I I I I I I I I I I I I I I I I AMENDMENT NO.44 TO THE CLARINGTON OFFICIAL PLAN March 1, 2006 PURPOSE: To implement the recommendations of the. Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review. including the renaming of this Main Central Area to the Bowmanville West Town Centre, expanding the boundaries of the West Town Centre, and designating additional lands for commercial development. LOCATION: This amendment applies to lands in Part of Lots 14 to 17,Concessions 1 and 2 former Town of Bowmanville and former Township of Darlington. bounded generally on the south by the SI. Lawrence and Hudson (CP) railway and to the north by the Brookhill tributary to the Bowmanville Creek and a future road to be known as Brookhill Boulevard. BASIS: " This Amendment is based on the Clarington Commercial Policy Review: Final Report- Recommended Policy Changes dated May 3D, 2Q05 and the Bowmanville West Main Central Area Secondary Plan Review dated May 3D, 2005 prepared by Meridian Planning Consultants Inc., the supporting analysis by retail market, urban design and transportation and engineering sub"consultants and further review by municipal staff. . ACTUAL AMENDMENT: The Bowmanville West Main Central Area Secondary Plan is hereby amended as follows: 1. By renaming the Bowmanville West Main Central Area Secondary Plan as the "Bowinanville West Town Centre Secondary Plan". 2. By deleting all references to the "Sowmanville West Main Central Area" and replacing them with references to the "Sowmanville 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 1.1, a) by deleting the figure "55" and replacing it with the figure "74' b) by deleting the words "Martin Road (Regional Road 57) and Green Road" and replacing them with the words "the CP Rail overpass and the east limit of the Urban Boundary.' 4. Add a new goal 2.4 as follows: "2.4 To consider comprehensively market, land use, urban design and transportation objectives in the consideration of any application for . the development of land in the Bowmanville West Town Centre." 1 I I I I I I I I I I I I I I I I I I I 5~ In Section 3.1.7, by deleting the words "beyond the initial allocation in order". 6. Byrenumbering Sections 3.3.1 and 3.3.2 as Sections 3.3.3 and 3.3.4, respectively and adding new Sections 3.3.1 and 3.3.2 as follows: "3.3.1 To promote and enhance the function of King StreeUHighway 2 as the Main Street of the Bowmanville West Town Centre. 3.3.2 To provide a connected grid of public and private streets to .. enhance movement and access options, reduce congestion and improve emergency access." 7. By deleting Sections 3.4.1 and 3.4.2 and replacing them with the following. new ;sections: "3.4.1 Distinct 'Sense of Place'. to create an urban character through high quality architectural treatments and site planning that provides visual interest at a pedestrian scale. 3.4.2 Connective Street Network- to provide an efficient grid street network as the basic organiiational structure}or 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 . services. 3.4.3 Pedestrian Access'- to ensure direct, safe and efficient pedestrian access supported by sidewalks situated along all roads and drive aisles, walkways located within parking areas, and designated . crosswalks. . . 3.4.4 Urban Street Edge - to ensure developmentprovides physical definition to streets and public spaces through appropriate placement and design of buildings, parking areas and landscaping, particularly along King Street/Highway 2, Clarington Boulevard, and Green Road. 3.4.5 Plan for Intill . to ensure that development initially permitted in accordance with this Secondary Plan is designed in such away so as to facilitate redevelopment at greater intensity in the longer term. Block pattems for development should be designed to ultimately aCcommodate denser, mixed-use development 3.4.6 Environmentally Sustainable - to ensure that development is designed to achieve a high degree of environmental sustainability." . 8. In Section 4.1, by replacing the figure "g" with the words and figures "11 and the urban design policies of Section 13", g. By deleting Section 4.2 and replacing it with the following: "4.2 No expansion to the limits of the Bowmanville West Town Centre and no redesignation of additional lands for General Commercial or 2 I I I I I I I I I I I I I I I I I I I Street-Related Commercial is permitted prior to a comprehensive review ofthe Official Plan after 2011". 10. By deleting Section 4.3 and replacing it with the following new Section 4.3: "4.3 Retail.Limits for the Bowmanville West Town Centre a) In order to ensure that retail and service development proceeds in a fashion that sufficient population exists to support the planned function of Town and Village Centres and to ensure ongoing redevelopment potential within the Bowmanville East Town Centre, new retail development in the BowmanvilleWest Town Centre will be linked to the growth of population in the Municipality of Clarington. b) The development of retail and service floor space in the Bowmanville West Town Centre will proceed in an incremental fashion. Until such time as the Clarington population reaches 91,000 persons, the maximum permitted retail and service floor space in the Bowmanville West Town Centre is as follows: i. Retail Floor Space .ii. Service Floor Space 73,000 square metres. .7,000 square metres Forthe purpose ofthis section: . . . . . Retail floor space includes department stores and stores selling department store type merchandise (e.g. apparel, home furnishings, sporting goods and hardware), supermarkets, specialty food stores, beer, liquor or wine stores, automotive products and home improvement stores. Service floor space includes restaurants, personal service shops, rental stores, and financial institutions. Floorspacenot 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. c) The following allocation of total gross leasable floor space, which includes retail, service and all other commercial floor space, is made: i. 18,600 square metres for the lands bounded by Clarington Boulevard, Prince William Boulevard, Green Road and Highway 2; 3 I I I I I I I I I I I I I I I I I I I ii. 8,000 square metres for the lands bounded by Clarington Boulevard, Prince William Boulevard, Pethick Street ahd . Highway 2; iii. 4,000 square metres for the lands east of Claringlon Boulevard, north of Highway 2; iv. 18,000 square metres for the lands bounded by Claiington Boulevard, the Stevens Road extension; Green Road and Highway 2; v. 34,500 square metres for the lands north of 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~ Jaw shall contain restrictions to ensure that the first full year of operation of the retail and service floor area in the General Commercial Area shall not be earlierthan :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-Iaws(s) may incorporate restrictions on the type, amount and location of retail and service floors pace, 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 implementthe urban design and energy conservation objectives of this Plan. e) The f100rspace limits identified in Section 4.3 (b) may be amended through a comprehensive review of the commercial floors pace in thf3 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 hi the Bowmanville West Town Centre 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 patterns from the patterns documented in previous studies; and . the anticipated impact of any proposed development(s) on the viability of f3xisting retail and serVice uses in Clarington and the planned growth and function of Town and Village Centres. 11. By deleting Sections 4.4 and 5.2.4. 12. By renumbering Sub-section 5.2.5 e) as Section 4.4 and by df3leting the words "Retail Commercial" and replacing them with the words "General Commercial and Street-Related Commf3rcial"; 4 I I I I I I I I I I I I I I I I I I I 13.. By deleting the word "personal" from in between the words "and" and "service"; and 14. By deleting the words and numbers "Section 5.2.4" and replacing them with the words and numbers "Section 4.3". 15. By adding a new Section 4.5 as follows: "4.5 Notwithstanding any other provision of this Plan, only two full- service banks or financial institutions are permitted in.the Bowmanville West Town Centre." 16. By adding a new Section 4.6 as follows: "4.6 For the purpose of Section 1 0.9.3 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the intersections of King StreeVHighway 2 with Regional Road 57, Clarington Boulevard and Green Road are prominent intersections, which Council deems to have important visual significance." 17. In Section 5, by changing the Section title from "Retail Commercial" to "General Commercial". 18. In Section 5.1, by deleting the words "Retail Commercia'" and replacing with "General Commercial", by adding the words "larger format" after the words "to concentrations of". and by deleting the second sentence in its . entirety. . . . 19. In Section 5.2;1: a) in Sub-section a): i) by deleting the words "Retail and personal service uses, including: and replacing them with the words "Certain retail and services uses such as:"; ii) by deleting the words "provided that: i) a general merchandise store, a food retail warehouse, clothing retail warehouse and a drug retail warehouse shall not be permitted"; and iii) by adding a second sentence as follows: "For the purpose of clarity, retail and services uses do not include a large format home improvement centre." 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 b) by inserting the words "business or training schools. between the words "cultural facilities," and the words "day care"; and d) in renumbered Sub-section c) by deleting the words "provided that, on the parcel of land bounded by Highway 2, Clarington Boulevard, Prince William Boulevard and Green Road, up to 929 square metres may be located on the ground floor." 5 I I I I I I I I I I I I I I I I I I I . e) By deleting the existing subsection e) and replacing it with the following: . . Notwithstanding 5.2.1 a) and 6.2.1 a) a large format home improvement store having a maximum total floor space of 9,175 square metres is permitted on the lands designated General Commercial and Street-Related Commercial located on the west side of Clarington Boulevard and the south side of Stevens Road' extension subject to the following: '.. L The home improvement store will be certified under the LEED ',.. 'Rating'Sys'tem;' .._____.. - 'H.__ .. _. '. .. ... ... . . ii. The exterior walls of the store will be finished with brick and stone pre-cast panels; iiL The enclosed garden centre/outdoor display area shall not exceed 1630 square metres and the seasonal garden centre shall not exceed 930 square metres; iv. The enclosed outdoor storage area .shall. not exceed 820 square metres; . v. Any enclosed garden centre/outdoor display area and the 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 outsideofthe fence enclosed garden centre/outdoor 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 large equipment; . vii. The provisions of Section 13.2.2 shall not apply; viii. The street 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. Notwithstanding 13.3.1, the primary building facade shall contain 20% transparent glazing and the rear building facade on Stevens Road shall contain 1 0% transparent or opaque glazing. 20. In Section 5.2.2, by deleting the word "Retail' and replacing it with the word "General". . 21. By deleting Section 5.2.4 and replacing it with the following: "5.2.4 Council may consider limitations on the size of large format stores with the objective of encouraging compact built form and energy efficient buildings: 6 I I I I I I I I I I I I I I I I I I 1 22. In Section 5.2.5: 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 "PrinceWilliam Boulevard"; b) by deleting Sub-section a) and replacing it with the following: "a) Development will comply with the applicable Urban Design Policies of Section 13." c) by deleting Sub-sections 5.2.5 c), g) and h) and renumbering Sub- . section 5.2.5 d) a!fSub-section5.2;5c); d) by numbering the second paragraph of the newly numbered Sub~ section c) beginning with the words "In order to facilitate" as a new Sub-section d); and by adding thereto the words and numbers "and. the policy contained in Section 15.2.3" after the words "implementation of this policy"; 23. By renumbering the original Sub-section 5.2.5 f) as a new Section 4.8. 24. By renumbering Section 5.2.6 as a new Section 6.2.3 25. By adding a new Section 6 titled "Street-Related Commercial" as follows: "6. STREET-RELATED COMMERCIAL 6.1 PURPOSE Lands 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, in particular uses that contribute to an active street life such as cafes, restaurants and smaller shops. . 6.2 POLICIES 6.2.1 The permitted uses shall be: a) Retail and service uses, including: specialty food stores, general retail stores, convenience retail stores, video stores, retail liquor stores, restaurants, taverns, barber shops, beauty salons, dry cleaners, art studios, travel agencies and financial institutions provided that i. anyone store has a maximum leasable floor area of 1000 square metres; and ii. no drive-through facility is permitted; b) community uses, including social, recreational and cultural facilities; business or training schools, day care and nursery facilities; c) medical offices, business, professional and/or 7 I I I I I I I I I I I I I 2.6. I 27. I 28. 29. I I I I administrative offices provided they are located on the second or upper levels above ground floor; and d) residential dwelling units provided they are located on the second or upper levels above the ground floor. 6.2.2 The following policies shall apply to the development of lands designated Street-Related Commercial in the Bowmanville West Town Centre: . a) Highway 2 and Clarington Boulevard shall provide a . focus for commercial development in the Bowmanville 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 b) Notwithstanding Section 6.2.1 a) i, Council may consider 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 Bowmahville East Town Centre. c) Buildings shall be designed to be located generally at grade with the adjacent sidewalk on the public or private street. d) . Acce.ss to parking and loading facilities shall be established which will minimize disruption to the pedestrian use of the streets. Adequate, well-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 Urban Design Policies of Section 13: . By renumbering Sections 6, 7, 8,9 and 10 to Sections 7, 8, 9,10 and 11, respectively. By deleting the word .personal" in the first and last sentences of renumbered Sub-section 7 .2.1 d). By deleting renumbered Sub-sections 7.2.1 f) and g). By deleting the word "personal" in the last sentence of renumbered Section 7.2.2. 8 I I I I I I I I I I I I I I I I I I I 30. In renumbered Section 8.1, a) by deleting in the second paragraph the "A" before the word "High" from the first sentence and replacing it with the words "The Mid . Rise"; and b) by deleting the words "as well as the parcel abutting King Street" from the first sentence of the second paragraph and replacing them with the words "Whereas a Low Rise High Density designation is provided for on lands north of the General Commercial, west of Green Road" 31. Il},renumbered Section 8.2.1 c), by deleting the word "uses" and replacing it with the word "facilities". 32. By deleting renumbered Section 8.2.1 e) and replacing it with the f()Uowing: "e) Limited retail and service uses may be permitted on the ground floor of residential apartment buildings." 33. By deleting renumbered Section 8.2;2.a) arid replacing itwith the following, . "8.2.2 a) Development on lands designated Medium Density Residentialshall be a minimum of 31 and a maximum of 60 units per net residential hectare." . 34. By inserting a new Section 8.2.3 as follows and renumber accordingly:. "8.2.3 Low Rise High Density Residential a) Development on lands designated Low Rise High Density Residential shall be a minimum of 50 and a maximum of 80 units per net residential hectare. b) Permitted dwelling types shall include: townhouses; stacked townhouses; and low rise apartment buildings not exceeding six (6) storeys in height." 35. In renumbered Section 8.2.4: a) by adding the words "Mid Rise" before the words "High Density Residential" in the title of the section; . b) by deleting renumbered Sub-sections 8.2.4 a) and b) and replacing them with the following, "a) Development on lands designated Mid Rise High Density Residential shall be a minimum of 50 and a maximum of 300 units per net residential hectare. b) Apartment buildings may be up to twelve (12) stories in height. " 36. In renumbered Section 8.2.5, a) by renumbering Section 8.2.5 as Sub-section 8.2.5 f) 9 I I I I I I I I I I I I I I I I I I I b) by adding the following at 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 the letter and parenthesis "a)" before the words "A minimum of 30%" to begin a new sub-section; and 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. . c) Indoor and outdoor amenity areas shall be provided in accordance with the Municipality's Am(;inity Guidelines for. Medium and High Density Residences. d) Appropriate separation from the railway corridor is necessary through: · the creation of a 30 metre setback as required by the CP Rail guidelines; · the inclusion within that setback of a 10 metre landscaped zone adjacent to the 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. e) Secured communal storage rooms and bicycle storage rooms should be provided in apartment buildings. . 37. In renumbered Section 10.2.2, by adding the words "Brookhill Tributary of the" before the words "Bowmanville Creek".. . 38. By renumbering Section 10.2.4 as Section 10.2.5 and by adding a new. Section 10.2.4 as follows: . "10.2.4 It is the Municipality's policy to have a small publicly accessible square established at an appropriate location on the north side of Highway 2 between Clarington Boulevard and Green Road. 39. In renumbered Section 11.2.2, by adding the word "Rail" after the word "GO" and by adding the words "and transit terminal" after the word "Station" . 40. By deleting the renumbered Section 11.2.3. 41. By deleting original Section 11 titled "Special Policy Area No.1" in its entirety and renumpering the following Sections accordingly. 42. By deleting renumbered Section 13 in its entirety and replacing it with a new Section 13 as follows: 10 I I I I I I I I I I I I I I I I I I I "13. Urban Design Policies 13.1 Purpose Achievement of the Municipality's urban design vision for Bowmanville WestTown Centre is ofthe highestpriority. Inorder to ensure this vision is achieved the Plan provides for levels of design policies: . a) Urban Design Objectives, found in Section 3.4 of the Plan ..C1re broad statements of the intent and key aspects of the design policies; '. b) Detailed Site Design Policies for Commercial Development in Section 13.2 relate to a variety of site development issues including parking, buffering, landscaping, pedestrian access, service areas and signage; . c) Building DesignPolicies for Commercial Development in Section 13.3 deal with elements of building form' 'and design; d) Site and Building Design Policies for Residential . Development in Section 13.4 deal witl1 a variety of site deveio'pment and building form and design issues; . e) The Demonstration Plan in Schedule A is a plan for the Bowmanville West Town Centre demonstrating an application ofthe urban design policies. Illustrated Urban Design PolicieS in Schedule B provide explanations or examples of the application of the urban design policies. Urban design principles. detailed site design criteria and building design policies are provided by this Plan in order to assist in the evaluation of development proposals through the integration of rezoning and site plan processes. 13.2 Detailed Site Design Policies for Commercial Development 13.2.1 Street and Pedestrian Network . An 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 pedestrian, bicycle, and vehicular connectivity and.route 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 I I I I I I I I I I I I I I I I I I I . Where commercial uses front on a public or private streetline, sidewalks should continue to the building face. -. Sidewalks abutting King Street IHighway 2, and Clarington Boulevard should have a minimumwidth 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. ___.._~idew9Iks?l1d walkw?ys abutting the front fac;:ade of larger format stores shall have a minimum width of 3.5 metres. - - ~ Sidewalks and walkways should promote active and safe pedestrian activity and stimulate visual interest. All sidewalks and walkways fronting commercial uses shall include in-ground trees generally planted 6.0 to 9.0 metres on centre, pedestrian scale lighting, and street furnishings such as garbage receptacles, and possible outdoor merchandise displays and - selling areas: . AUsidewalks fronting other non-commercial uses shall include in-ground trees generally planted 6.0 to 9.0 metres on centre - within the grassed landscape boulevard, pedestrian scale lighting, and street furnishings such as garbage receptacles. . The use of special paving treatment is encouraged at focal- points including building entrances, squares, and through block connections. · Clearly designated pedestrian crossings should be provided at the intersection of all 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 3.0 metres wide. . Private streets shall be located on a suitable right-of-way to allow for their future conversion to public streets. Wherever possible private streets shall be designed and constructed to municipal road standards similar to Local Commercial Streets as shown in the Functional Engineering and Streetscape Implementation Plan: Bowmanville West Main Central Area (September 1995). Private streets will appear and function as an extension of the overall public street network. The municipal street lighting design standard for public streets in the Bowmanville West Town Centre will be used on private streets. 12 I I I I I I I I I I I I I I I I I I I 13.2.2 Building Orientation and Site Layout . Buildings will be organized to define and frame abutting public and 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; ahd.to allow. for the development of a significant streetscape contributing to the identity and amenity of the area. Maximum building setbacks from the property line on public streets are generally as follows: . King StreeUHighway 2: .. Clarington Boulevard: 3.5 metres 2.0 metres . Definition of the street edge is a priority. At least 50% of the total street frontage shall be occupied by buildings on King StreeU Highway 2 and Clarington Boulevard. 13.2.3. Surface Parking Areas . Internal vehicular routes shall be clearly defined by raised and curbed landscape islands planted with trees and low level vegetation. Internal drive aisles will be a minimum 6.0 metres in 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 ofthe parking areas by up to 0.5 metres from the adjacent street grade. 13 I I I I I I I I I I I I I I I I I I I o Appropriate lighting levels and consistency of coverage will be provided in parking area to assist both pedestrian and vehicular circulation. The height and intensity 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. o Designated handicapped and mobility impaired parking spaces should be located as close as possible to building entrances and be clearly identified by signs or markings. 13.2.4 Landscaping of Parking Areas o Intemallandscaping elements will define visually and functionaliy smaJier parking .'courts" and redu'ce the overall . impact of surface parking areas and heat island effects. o Trees at the perimeter of parking areas will be planted generally every 6.0 to 9.0 metres on centre. o 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. Landscaped islands shall have a minimum width of 2.5 metres wide and include one tree, per parking row. o A landscaping island should be provided generally at the mid point of the parking aisle, and/or approximately every 15 parking bays. The landscaping island should have a minimum width of 2.5 metres and include a minimum of one tree per parking row. o Where possible, internal landscaping should incorporate existing vegetation and significant tree planting. . 13.2.5. Landscape Buffers o High quality landscaping treatments will be used to define site boundaries, provide buffers between adjoining developments, and screen storage and utility areas. o Landscaped areas adjacent to the streetline will be a minimum of 3.0 metres wide adjacent to parking areas and service areas. o Landscaped areas between commercial and residential developments will have a minimum width of 3.0 metres adjacent to the property line. 14 I I I I I I I I I I I I I I I I I I I . To ensure opportunities for surveillance from adjacent areas, perimeter hedge and sHrub screening should not exceed 1.0 metre in 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. 13.2.6 Pedestrian Access . Pedestrian walkways should where possible be contiguous to . major private laneways and opposite primary building entrances to enable safe and direct pedestrian movements. . An internal pedestrian walkway network should visually and functionally define smaller parking .courts". . . Walkways should have a minimum width of 1.5 metres, with a landscaping zone on one side that is 2.0 metres inwidth. . Walkways shall include pedestrian"scaled amenities wherever possible, such as benches, trash receptacles and lighting. . Drive aisle crosswalks should be signed and constructed of materials that are different to the drive aisle, such as interlocking brick paving. 13.2.7. Pedestrian Entrances .. Main entrances to buildings shall be emphasized through canopies, awnings, towers or similar taller, non-habitable building structures. The volume and height of such structures should emphasize the prominence of entrances particularly at a corner location. . Each store, commercial unit, or building will generally provide an entrance facing the adjacent public street as a first priority and private streets asa second priority. . Building entrances shall be identifiable and accessible to the disabled. High quality streetscape and landscaping treatment is encouraged at all building entrances. 15 I I I I I I I I I I I I I I I I I I I' . Windows should be coordinated with the location of pedestrian walkways to provide interest and improve security along these routes. . Pedestrian access from adjacent neighbourhoodsshould be provided by walkways where insufficient access is available from street sidewalks. 13.2.8. Amenities -....0....... ._.,._______ ..u.__ _ .. ~ . .__._____ _... _ .. _ _... _..._.__ · Amenities may include terraces, parkettes or squares, water features, public art, outdoor dining areas and transit shelters. . Customer and visitor amenities should be located in close proximity to building entrances. . Amenities are particularly important in the Street-Related Commercial 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 storage rooms and showers. . Amenity areas shall be located within landscaped, pedestrian spaces, and provide seating. 13.2.9. Service Areas . Service areas 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 streets. . Storage of goods or garbage shall generally be integrated as part of the building and not as separate stand-alone structure. · Service areas for delivery, loading and garbage pick-up should be coordinated to reduce vehicular interruptions along the public street and within parking areas. . Screening shall use building materials and/or landscape treatments similar to those used for the principal buildings. 16 I I I I I I I I I I I I I I I I I I I . Where solid screens are provided. the materials should be similar to or compatible with those of the building's exterior finishes. 13.2.10. Transit Facilities . Building entrances and bus stops should be arranged to provide . convenient access to the buildings by public transit passengers. . On sites adjacent to or near a bus stop, conveniently located walkways will be provided to cross and connect individual sites in order to provide pedestrians the most efficient route to and from transit stops. . 13.2.~ 1. Signage . Pylon signs for private development should be oriented to address the street frontage, street intersections and primary access driveways. Pylon signs should be compatible with the. associated building design in scale, material and colour, and should be set within a landscaped setting. . Building identification signs should be incorporated on the front fal/ade, and should be compatible with the building design in scale, material and colour. . Externally lit signs are encouraged, particularly those that face the public street or parallel a pedestrian walkway. . Building identification signs should be applied as large scale building elements, including awnings and banner signs to contribute 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 signs should be clear and distinct and be coordinated with the image of the development. 13.3 Building Design Policies for Commercial Development 13.3.1 Building Materials and the Location of Buildings on a Property . Blank or 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. 17 I I I I I I I I I I I I I I I I I I I . Facades longer than 25 metres shall be subdivided through a combination of windows and projections and recessions in the building wall to create a consistent rhythm across the fa9ade and establish divisions that express a hierarchy of entrances and identify individual businesses, where applicable. . Transparent glazing 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 20% Street-Related Commercial 40%. Glazing should be actively used to provide storefront windows or merchandise displays and should not be covered internally by displays or window decals. . Corner buildings at the intersections of King StreeUHighway 2 with Regional Road 57, Clarington Boulevard, Green Road and Boswell Drive, or 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 recommended for new construction include . brick, stone and wood frame. Materials such as 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. 13.3.2 The following design guidelines shall be considered with the location of a drive-through facility: . Any drive-through facility must be located on a lot greater than 3,000 square metres; . All buildings containing drive-through facilities shall be oriented to the primary street frontage with a setback not to 18 I I I I I I I I I I I I I I I I I I I exceed 3.0 metres. No portion of the stacking lane and no 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 properties zoned for or containing residential uses; . Speakers and order-boards associated with a drive-through facility shall be 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; . Drive-through facilities located adjacent to properties zoned to permit residential uses shall construct opaque fencing at least 1.8 metres in height, between the uses; and . Landscape buffers adjacent to a property zoned to permit residential uses should have a minimum width of 3.0 metres and include ample coniferous trees (minimum of 2.4 metres in height), and deciduous trees (minimum 70 mm calliper). 13.3.3 The following design guidelines shall be considered when reviewing the stacking lanes at a drive-through facility: . A 1.5 metre wide direct pedestrian walkway to the building entrance which does not intersect with or cross the stacking lane shall be provided and maintained on the lot from the primary street frontage; . Stacking lanes shall have a minimum width of 3.0 metres; . For a restaurant with a drive-through facility a stacking lane length of a minimum 12 vehicle queuing spaces (one vehicle queuing space is defined as 6.0 metres in length) shall be provided. At least 4 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 space is defined as 6.0 metres in length) shall be provided; . The entrance to a required stacking lane may not be located within 18 metres of a site access to a public or private street; 19 I I I I I I I I I I I I I I I I I I I . The required stacking lane must not interfere with or block access to required parking spaces; . A required stacking lane should not be crossed or bisected by a driveway, or access to a loading space access or service area; . The full length of the stacking lane must be demarcated by concrete curbs, and the use of soft and hard landscape feCitures; . Stacking Janes should be linear and straight, with a minimum number of curves or turning movements and should not interfere with traffic on public streets; and . . Double c:lrive-through facilities on a site should be avoided. Where a double drive-through condition cannot be' avoided the landscaping and decorative pavement shall be increased on- site. . 13.4 . Site and Building Design Policies for Residential Development 13.4.1 Building Orientation and Design Apartments · Building facades shall be oriented so as to reinforce the street and other public spaces as the primary organizing element · BUildings over 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 generally be between.two and four stories in height. · Buildings on cOmer lots should incorporate enhanced . architectural elements such as entrance canopies, towers, and corner 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. · Buildings should be sited and designed to provide for views overlooking streets, natural areas and public spaces while 20 I I I I I I I I I I I I I I I I I I I minimizing views overlooking adjoining dwellings and private amenity areas. . . Buildings should be sensitive to interfaces with adjoining buildings and lower density areas with reduced heights, increased setbacks, stepped massing of the building, articulated facades and window patterns. . . . Roof designs shall be integrated into the overall design. of the building. Green roof designs are encouraged. Townhouses . Buildings articulation and design should be informed by structural elements such as columns, rooflines and window fenestration, as well as functional elements such as the locations of entries, circulation spaces and special rooms. . Material, colour and textural differences should be provided on . townhouse facades. 13.4.2 Building Entrances .. Main building entrances for apartments shall provide a strong identity and provide a transition from the street to the building. Weather protection in the form of awnings, canopies and arcades should be provided. Entries and foyers should be comfortable, sheltered, safe, and convenient. . Main building entrances shall be oriented towards streets, parks or squares. . Townhouses shall have attractive entry and porch areas near the street level. . Ground floor apartment units may have individual entries directly from the street. 13.4.3 Private Amenity Areas . Balconies, verandahs, terraces and roof gardens should be integrated with the overall building form and facade composition. . Balconies and verandahs should be sized to accommodate outdoor seating. . 13.4.4 Common Amenity Areas . Shared outdoor spaces shall be provided to meet the needs of the residents. . .. The design of shared outdoor spaces should take into account the following: o orientation and shading for optimum solar access o shelter for access during inclement weather o planting location and type for durability, ease of maintenance and aesthetic quality 21 I I I I I I I I I I I I I I I I I I I o ground surface materials to allow access in all weather oo~~~ , ' o privacy of dwellings facing open spaces o public access and measures to control access where , required , o safety. in the form of lighting, informal surveillance, as well as restricted access to pools and water features for children o shelter from noise, wind and traffic from adjacent streets or incompatible uses. 13.4.5 Parking Areas · Parking areas shall be located at the rear or side of the buildings and 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 and/or 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, internal or rear laneways should be provided for all townhouse dwellings. · Pedestrian walkways from parking areas to building entrances should be clearly defined through materials and lighting. · Short term bicycle parking should be provided for visitors.' 13.4.6 Landscaping · Landscaping shall reinforce the street edge and provide buffers to adjacent uses. · Fences along street frontages should be,low, transparent and decorative in nature to define private spaces but avoid inactive frontages. · Pedestrian-scale lighting should be provided for parking and open space areas and shall avoid light trespass on to adjacent properties. , 13.4.7 Services and Utilities · 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 compatible materials and colours to the dwelling units and should be softened with landscaping on their most visible sides. · All mechanical equipment whether mounted on the roof or ground shall be screened from view. 22 I I I I I I I I I I I I I I I I I I I 13.5 Demonstration Plans - Schedule A of this Plan, the Demonstration Plan, shows one scheme for the development of the area that successfully implements the urban design, land use and transportation objectives of this Plan. The Illustrated Urban Design Policies in Schedule 8 of this Plan provides examples and precedents of the application of the urban design policies of the Plan. Schedules A and Bare inti3nded to be illustrative rather than prescriptive. " 43. In Section 14.1, a) by deleting Sub-section b) and replacing it with the following: "b) provides increased densities in the Bowmanville West . Town Centre and structured parking whereverfeasible:"; . b) by renumbering Su b-section c) as Sub-section d): c) by adding a new Sub-section c) and renumbering accordingly: . "c) encourages walking and biking as alternative means of transportation; and" ' d) in renumbered Sub-section d), by replacing the word "surface" with the word "busw. 44. By deleting Section 14.2 and replacing it with the following; "14.2 The siting and design of buildings wiU.consider concepts to maximize the potential energy savings including: a) orientation for maximum passive solar gain in winter; b) the construction of new buildings to meet the LEED Rating' ~~~ ' 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 Seelion 15.2.1: 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 "which is intended" and replacing with the words "which are intended". 46. In Sub-section 15.2.3 a): a) by adding the words "transfer to and" before the word "assumption"; b) by adding the words "as public streets" before the words "at some future date"; and c) by adding the words "by the Municipality" to the end of the sentence after the word "necessary". 23 I I '. I I I I I I I I I I I I I I I I 47. In Section 15.2.5, by deleting the words "appropriate road authority" and replacing them with the words "Region of Durham". . . 48. By adding a new Section 15.2.6 as follows: "15.2.6 As a precondition of development of certain lands in the Bowmanville West Town Centre, appropriate arrangements shall be made for the following critical components of the grid street system: a) for the lands north of King StreeUHighway 2 between Green Road and the proposed extension of Boswell Drive, the following road improvem~nts are required: i) the proposed extension of Boswell Drive from King StreeVHighway 2 as identified on MapA; and ii) the construction of Stevens Avenue from Regional. Road 57 through to the Boswell Drive extension as a combination of a public and a private road a's identified on Map A. b) for the lands north of King StreeUHighway 2 between Green Road and Clarington Boulevard, the construction of Stevens Road between Green Road and Regional Road 57 as a public street. c) . for the lands on the southwest corner of Regional Road 57 and King Street/Highway 2 the construction of Prince William Boulevard easterly from Pethick Street to Regional Road 57 as a public street" 49. By changing the title of Section 15.3 from "Public Transportation Policies" to "Public Transit Policies.. 50. By deleting Section 15.3.1 and replacing it with the following; "15.3.1 The Municipality, in conjunction with the Region of Durham and GO Transit shall endeavour to enhance public transit use and access in the Bowmanville West Town Centre." 51. By renumbering Section 15.3.2 as Section 15.3.4 and by adding new. Sections 15.3.2 and 15.3.3 as follows: "15.3.2 The Municipality will encourage the development of the Bowmanville West Town Centre as a transit node by:. a) encouraging a higl1level of transit service from transit providers; b) providing sidewalks and high quality streetscape in pedestrian activity areas in accordance with Section 15.4 and the urban design policies of Section 13; c) considering the development of structured parking facilities in partnership with private landowners; and 24 I I I I I I I I I I I I I I I I I I I d) when the Municipality is proposing public works in the West Town Centre, the public authority will consider opportunities to improve the pedestrian and cycling environment, bus stops and shelters and streetscape enhancements. 15.3.3 Development in the West Town Centre will be transit- supportive through: a) providing for street-oriented development with no large parking areas. between the adjacent primary public street and. buildings; . b) developing at higher densities; c) providing frequent pedestrian linkages from streets to stores, between buildings and through parking areas; . d) contributing to a high quality public streetscape through landscape treatment along the streetline; and e) providing for compact development through shared parking where appropriate, and parking structures: 52. In renumbered Section 15.4.1 adding the words and private streets between the words "public road right-of-way" and "to enhance". 53. Deleting renumbered Section 15.4.2. and renumbering the remaining Sections accordingly. 54. In renumbered Section 15.4.3: a) by deleting the words "Future Streets" and replacing them with the words "private streets"; b) by deleting the words "Subsection 5.2.5(d)" and replacing with the words.... Subsection 5.2.5.b) and c) and Subsection 15.2.3. 55. In renumbered Section 15.4.4 by deleting the words and punctuation "shall be identified in the Urban Design Guidelines. These areas". 56. In renumbered Section 16.2.4, a) 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 Bowmaiwille Creek watershed will be undertaken in accordance with the policies of the Brookhill Tributary Subwatershed Plan." 57. In renumbered .Section 16.2.5, by adding the words "or Subwatershed Plan" to the end of the last sentence. . " 25 I I I I I I I I I I I I I I I I I I I 58. In renumbered Section 17.2.1 b), a) by adding the words "or any commercial development with loading, refuse pick-up or drive-through facilities within 60 metres of a . sensitive use" to the end of the first sentence; and b) by adding the words "as appropriate" to the end of the last sentence. . 59. In renumbered Section 17.2.2, by adding the following new sentence to the end of the Section; "In the event of a comprehensive review, . Rezoning By-laws may be considered in advance ofa site plan but will . .. -~---tielsublectto holding provisions in accordance with the policies of - Section 24 ofthe Official Plan and Section 17.2.3 and 17.2.4 of this Plan." , ' 60. o'}'-adding new Sections 17.2.3 and 17.2'.4 as follows: "17.2.3 In addition to the provisions of Section 23.4.2 of the Official Plan, Holding Symbols may be used to ensure achievement of the policies of this SecondaryPlan by establishing conditions 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 of infrastructure. 17.2.4 In addition to provisions of Section 23.4.3 of the Official Plan, prior to the lifting of a Holding Symbol, the following provisions apply in respect to the Secondary Plan Area: a) plans for the proposed development show that the proponent has successfully implemented the Urban Design Policies contained in Section 13 and the results of studies required under Section 17.2.1, and the market, land use 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 15.2.6 as critical components of the grid street system; and . 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 Municipality requires their dedication in the future. 61. By amending Section 17.1 by adding the following sentence at the beginning: "Market,land use, urban design and transportation objectives and . policies will be considered comprehensively in the implementation of this plan." 26 I I I I I I I I I I I I I I I I I I I 62. In renumbered Section 17.4, by renumbering the text as Section 17.4.1 and, a) by deleting the words "regard shall be had for" and replacing them with the words "shall comply with"; and b) by inserting the words "policies of this Plan and any Urban Design" between "Urban Design" and "Guidelines". 63. By adding a new Section 17.4.2 as follows: . "17.4.2 Where a proponent submits a proposal for the development of land, the Municipality will require that the proponent demonstrate how the proposed design and organization of the site and buildings: . a) Addresses the policies of this Plan,in particular the urban design pOlicies of Section 13; b) Contributes to a compact, urban, pedestrian-oriented form and function, that enhances pedestrian accessibility, strengthens walking as the preferred means of getting from place to place and adds pedestrian amenities such as textured paving, seating benches and landscaped areas; c) Provides for access from transit stops; d) Contributes physical links into and integrates with the adjacent community; e) Contributes to the continuity of building fa~ade along the stre et; f) Orients such elements as public entrances, display windows, canopies, and signage to the street; and g) Locates and designs parking areas appropriately. 64. In renumbered Section 18, a) by adding the Section number 18.1 in front of the first sentence; b) by adding the Section number 18.2 in front of the last sentence that begins "The policies of the Plan"; . c) by adding the following words to the end of Section 18.2; "In the event of a conflict between the provisions of the Official Plan and this Plan, the Secondary Plan shall prevail." 65. By adding a new Section 18.3 as follows: "18.3 Definitions a) Department Store "department store" shall mean a retail store containing a minimum of 5,000 square metres of gross leasable floor space organized into 27 I I I I I I I I I I I I I I I I I. I I a number of individual departments and primarily engaged in the sale of a wide variety of commodities which shall include clothing, hardware, home furnishings and household appliances. b) LEED Rating System "LEED Rating System" shall mean the Leadership in Energy and Environmental Design Green Building Rating System established by the Canada Green Building Council as amended from time to time," -~"',"'",__'__ "o_"~~~~~~~__. "_._~'~', .'_'~_ "_~'.'_ _ 66. 67. By amending Map A - Land Use as shown on Exhibit "Ab By Adding Schedules A and B. 28 I I I I I I I I I I I I I I I I I I I . EXHIBIT "A" To Official Plan Amendment No. 44 . 3! <> ~ 1:: ffi '" " '" '" ~ ~ '" 15 '" 8 ~ 5 ~ is c 0 ffi ~ is ~ ! ~ 0 <> :>: :>: w ~ 0 t~ '" :1 " '" 0 ~~ z-, ~~ '" 8 :>: iSz ~~ 8 ~ ~ '" '" :> ",0 g "z ~ ~ z z g "'5 ,,~ "'0 !Ow w " " ~i'! ,..z "'0 ~ 0 " '" X 13" S~ ~t3 QRi IE z " '" " ~~ "al '" 0 0 '" "'''' -'''' "'" 0 " <> <> z ..... II Im~1 ;; ~ . ;: ;; .,. ~ ~-g ~ ",,- e (s]! c. ... 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I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006-~ I being a By-law to amend By-law 84-63, respecting certain definitions and general provisions with respect to commercial development I I WHEREAS the Council of the Corporation of the Municipality of Clarington deems it expedient to amend By-law 84-63, as amended, to implement certain recommendations of the Commercial Policy Review and the West Bowmanville Main Central Area Secondary Plan Review; I I NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: I 1. By-law 84-63, as amended, is further amended as follows: a) By adding to Section 2, thereof, the following new definitions in alphabetical order as follows: "Bicycle Rack: shall mean a structure fixed to the ground or a building providing a location to park and secure a bicycle to. I I Bicycle Parking Facility, Indoor: shall mean a secure room or bicycle lockers within a building capable of storing a minimum of 6 independently-secured bicycles and which is readily accessible for employees or residents of the building. I Landscaping Strip: shall mean an area of land used for anyone or more of the planting of shrubs, flowers, grass or other horticultural elements, such as decorative stonework, fencing, or screening. I Parking Space, Disabled Persons: shall mean a parking space that is designed and identified to be used by persons with a disability, I Residential Zone: shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the tenm includes Special Exception Zones to any of these zones provided in the aforesaid By- law 84-63," I I b) By deleting Section 3.13 a) to d) inclusive and replacing them with the following: "3.13 Loading Space Regulations I I a. Every building or structure used for a purpose that requires the loading or unloading of goods or materials, including animals, shall provide and maintain loading spaces in accordance with the provisions of Section 3.13 c). I b. Loading spaces shall be provided on the same lot as the building, structure or use requiring the loading space and shall be calculated in accordance with the regulations in Section 3.13 I -1- I I I I I I I I I I I I I I I I I I I c). All loading spaces shall provide a vertical clearance of 5 metres. c. Loading space regulation table LOADING SPACE REGULATION TABLE Legend Loading Space Requirements o o o o Length - 7.5 m Width - 3 m Assembly hall; Bar; Business, Professional or Administrative Office; Convenience Store; Motor vehicle Re air Gara e; Place of Entertainment Other permitted uses up to 300 m gross commercial fioor area Other permitted uses with 301 m to 1,000 m gross commercial floor area Other permitted uses with 1,000 m to 7,000 m gross commercial floor area Permitted yses with greater than 7,000 m gross commercial floor area o 1 o 1 o 2 o 3 o o o o o Permitted uses with u to 1,000 m ross fioor area Permitted uses 1,001 m to 3,000 m ross fioor area Permitted uses with 3,001 m to 7,000 m ross fioor area Permitted uses with greater than 7,000 m' gross fioor area 1 2 3 3 spaces, plus , space for every additional 10,000 m' 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 spaces. The aisle shall be a minimum of 6 metres wide and shall lead to a driveway. e. Loading spaces shall not be provided in tandem and must be located abutting the building or structure for which they are required. f. Loading spaces shall be located in the interior side yard or rear yard. In Industrial 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. g. When an addition to a buiiding occurs, or the use of a building, structure, or lot changes, the provisions of Section 3.13 c) of this By-law shall apply to the additional floor area." c) By deleting in Section 3.16 a) the second paragraph beginning wijh the words "For the purpose of this By-law" including Subsections i) to iv) inclusive. d) By renumbering Section 3.16b) to g) inclusive to 3.16 f) to k) inclusive. e) By adding a new clause Section 3.16 b. as follows: "b. DISABLED PARKING SPACES -2 - I I (i) Each disabled persons parking space shall be a minimum 4.5 metres wide and 5.7 metres long, unless two 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. I (ii) Disabled Par1<ing Space Requirement Tabie I 1 2 3 4 5 6 7 8 9 2% of total 21 spaces plus 1 space for every Greater than 1000 additional 1 00 spaces or part thereof over 1000 arkin 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 column above. I I I I I I I) By adding a new Section 3.16 c. as follows: "c. PARKING SPACE SIZES (i) Each parking space shall be a minimum of 5.7 m by 2.75 m; I (ii) Where the two outdoor par1<ing spaces for single detached, semi- detached and/or townhouse un~s are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 m provided that the minimum landscaped open space within the front yard is 30 percent; I I (iii) Parking space size perpendicular to a landscaping strip having a minimum width of 3.0 metres may be reduced in size to 5.2 metres in length by 2.75 metres in width." I I g) By adding a new Section 3.16 d. as follows: "d. PARKING AISLE REQUIREMENTS Each aisle shall be a minimum width of 6.0 m for two-way traffic and 4.5 m for one-way traffic. I h) By adding a new Section 3.16 e. as follows: "e. PARKING OFF-SITE Notwithstanding Section 3.16 a), where parking spaces are provided in a location other than on the same lot as the use req uiring such spaces, they shall be located not more than 150 metres from the same lot, and shall be located w~hin the same zone as the said lot." I I I -3 - I I i) By adding a new Section 3.16 I. as follows: ''I. BICYCLE PARKING i) At least 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, ca, or Cg zone or any exception zone thereto." I I I ii) Any commercial establishment with a floor area greater than 5,000 square metres in a C1, C2, C3, C5, ca, or C9 zone or any exception zone thereto shall provide an indoor bicycle parking facility for employees. Minimum oft-street parking requirements for 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: I I j) By amending all cross references to Section 3.16 contained within By-law 84-63, as amended, to correspond with revised subsection numbering. This By-Law shall come into eftect on the date of the passing hereof,' subject to the provisions of Section 34 of the Planning Act, RS.O. 1990 cP13. 2. I I By-Law read a first time this day of March 2006 By-Law read a second time this 1 day of March 2006 I By-Law read a third time and finally passed this 1 day of March 2006 I {l?~ctk- John M lion, Mayor , I I I I I I I I -4- I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006-~ I I being a By-law to amend By-law 84-63, respecting certain lands in the Bowmanville West Town Centre I WHEREAS the Council of the Corporation of the Municipality of Clarington deems it expedient to amend By-law 84-63, as amended, to implement certain recommendations of the Commercial Poiicy Review and the West Bowmanville Main Central Area Secondary Plan Review; I I NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: By-law 84-63, as amended, is further amended as follows: I 1. By repealing the text of Sections 16.5.14 and replacing it with the following new text: I "16.5.14 GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE Notwithstanding Sections 3.13, 3.16, 16.1 and 16.3 of 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: I I I a) For the purpose of this Section, the term: (i) Bank kiosk: shall mean a financial office with a floor area of 50 square metres or less. (ii) Business establishment: shall mean a building, which contains any one or more of the permitted uses on lands zoned (C1-14). (iii) Business establishment street fayade: shall mean the portion of the 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 By- law 84-63. I I (iv) Department store: shall mean a retaiUcommercial 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 appiiances. (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 vegetation and related 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. I I I (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 I I -1- I located in the part of the business establishment street fayade which I 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. I b) Permitted Residential Uses: No residential dwelling units are permitted to be constructed or used. I c) Permitted Non-Residential Uses: I A shopping centre containing a maximum of 17,000 square metres of total fioor area may be constructed or used for anyone or more of the following purposes: I (i) assembly hall; (ii) bakery shop; I (iii) business, professional or administrative office; provided that such office Shall be located in a second storey or greater of any building; (iv) convenience store; I (v) day nursery; I (vi) department store; (vii) dry cleaners distribution centre; I (viii) eating establishment with no vehicular drive-through service; (ix) eating establishment - take out; I (x) financial office; (xi) garden centre or seasonal garden centre accessory to a department store or supermarket; I (xii) medical or dental clinic: provided that such clinic shall be located in a second storey or greater of any building; I (xiii) place of entertainment; (xiv) printing or publishing establishment; I (xv) private club; (xvi) retail/commercial establishment; I (xvii) service shop, personal; (xviii) supermarket; and, I (xix) veterinary clinic. I d) Notwithstanding Section 16.5.14 c) (x) no more than two (2) financial offices, with the exception of bank kiosks, may be constructed and used on lands zoned as follows: C1-14, C8-1, C8-2, C8-3, C8-4, C9-1, C9-2, C9-3 and C9-4. I I -2- I I I I I I I I I I I I I I I I I I I e) Regulations: (i) No building may be used on anyone or more portions of the lands zoned (C1-14) for the purposes of one or more of the permitted non- residentiai uses listed in Section 16.5.14 of the By-iaw unless a department store, which contains at least 6,500 square metres of total floor area, is constructed and operated on the iands zoned C1- 14. (ii) A maximum of 17,000 square 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 a 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) 5 metres (vi) Landscaped open space (minimum) (vii) Height of building (maximum) (viii) Loading spaces (minimum) 20 percent 4 storeys 5 (ix) Notwithstanding ciause (iv) above 90 metres of the southerly business establishment street fayade may be constructed up to 1 metre from the northerly limit of Prince William Boulevard. (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 mall. (xi) Parking space dimensions (minimum) 2.6 m width 5.5 m length (xii) Notwithstanding Section 16.5.14(c), a portion of 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 centre for not more than a total of 90 days each calendar year; and (xiii) The seasonal garden centre permitted by 16.5.14(e(xii) shall not include the storage or sale of motorized equipment, and is not required to provide parking spaces in accordance with Section 3.16 a) of this By-law." 2. By repealing the title and text of Section 22A and by replacing it with a new title and text of Section 22A as follows: "22A. LARGE FORMAT COMMERCIAL IC8) ZONE 22A.1 Section 22A applies to lands zoned (C8) or any C8 exception zone, unless otherwise specified. a) For the purpose of Section 22A, the term: (i) Bank kiosk: shall mean a financial office with a floor area of 50 square metres or less; - 3- I I I (ii) Business establishment: shall mean a building, which contains any one or more of the permitted non-residential uses within the (CB) zone; (iii) Street entrance: I 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 3.0 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. I b. For stores with a total floor area less than 2,500 square metres 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 O.g metres, 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 exterior surface of the business establishment street fayade a minimum of 1.0 metre and a maximum of 3.0 metres. I I I (iv) Business establishment street fayade: shall mean the portion of the 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 a stacking lane. A drive-through facility may be established in combination with other permitted non-residential uses. I I I (vi) Garden Centre: shall mean a buiiding or part of a building, a structure or part of a structure and iand 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. (vii) Large format retail store: shall mean a building or part of a building having a minimum total floor area of 2,500 square metres and containing non-residential uses permitted by Section 22A.2 operated individually or in combination. (viii) Primary business establishment street fayade: shall mean a business establishment street fayade containing the principai entrance to a business establishment. (ix) Retail/Commercial establishment; shall mean a building, or 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 building operated or intended to be operated as a single retail or service business having a minimum of 1,000 square metres and a maximum of 2,500 square metres of total floor area and containing non-residential uses permitted by Section 22A.2. (xi) Stacking lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is I I I I I I I I -4- I I separated from other motor vehicle traffic on the same lot by barriers or curbs. I (xii) Street: shall mean any public street, future public street or future private street shown on Schedule 3 to By-law 84-63. (xiii) 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. I I 22A.2 Permitted Uses I No person within the large Format Commercial (C8) Zone shall use any land or erect, alter or use any building or structure except as specified in this Section, Section 22A.3, and the applicable proviSions of Section 22A.4: a) Residential Uses: I Not Permitted b) Non-Residential Uses: I A large format retaii store or a medium format retaii store containing one or more of the following non-residential uses: I (i) assembly hall; (ii) a bank kiosk; (iii) beer, liquor, or wine retail outlet; (iv) business, professional, or administrative office on the second floor or higher of a building; (v) day nursery on the second floor or higher of a building; (vi) dry cleaners distribution centre (vii) eating establishment; (viii) fitness centre which may include an ancillary chiid care centre on the second floor or higher of a buiiding; (ix) garden centre; (x) medical or dental clinic on the second floor or higher of a building; (xi) optometrist clinic ancillary to an optical sales establishment; (xii) place of entertainment; (xiii) private club; (xiv) retail/commerciai establishment (xv) school, commercial; (xvi) service shop, light; (xvii) service shop, personal; (xviii) supermarket; (xix) tavem; and, (xx) theatre. I I I I I I I c) Notwithstanding the proVISions of Section 22A.2 b) 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 store, buiidings containing a minimum of 250 square metres may be constructed and used on lands zoned (C8) for any of the following non-residential purposes: I I (i) eating establishment; and I - 5- I - (ii) eating establishment with a drive-through facility. d) For the purpose of clarity, no portion of the lot on which a large format retail store or medium format retail store is located, shall be used for the following purposes: I (i) outside display area; or I (ii) outside storage area with the exception of temporary storage of shopping carts in the parking lot. I 22A.3 Regulations for Non-Residential Uses a) Yard Requirements: I (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; I I (Ii) A medium format retail store, or a building containing a use permitted by Section 22A.2 c) 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 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 5 metres; I I (iii) A building located 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 2 metres and a maximum of 5 metres; I (iv) A building located on a lot with a lot line, which abuts a residential zone boundary shall have a yard abutting the lot line with a minimum yard width of 10 metres; and -- I (v) A building located on a lot with one or more lot lines which are not described in 22A.3 a) (i) to (iv), inclusive. shall have a yard abutting each lot line with a minimum yard width of 5 metres. b) Building Fayade Materials: I i) A minimum area of business establishment street fa~ade 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: I Type of Use Primary Business Any Other Business Establishment Street Establishment Street Facade Facade Laroe Format Retail Store 20% 10% Medium Format Retail Store 40% 10% Eating Establishment 40% 10% I I Ii) Notwithstanding Section 23A.3 bleil, transparent or opaque glass may be used on any building fa~ade which is not a primary business establishment street fayade. I I -6 - I I I I I I I I I I I I I I I I I I I c) Articulation of Building Facades: (i) 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 fa(:ade and shall extend a minimum of 20% of the length of the business establishment street fayade, measured horizontally. No uninterrupted length of a wall plane of any business establishment street fayade shall exceed 30 metres in length, measured horizontally; and ii) Where a business establishment street fa(:ade is greater than 30 metres in length (measured horizontally), the roofline of the fayade (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 thereof of the building establishment street facade such that two adjacent 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. d) Street Entrances: At least one street entrance for each business shall be located in a business establishment street fa(:ade of a business establishment, provided that if the business establishment has more than one business establishment street fa(:ade, 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 f) (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 1.8 m 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 screening on all sides. Screening of Loading Spaces: A required loading space shall be screened from adjacent street shown on Schedule 3 to By-law 84-63, by a wall constructed of the same materials as the business establishment street fa(:ade and having a minimum height of 5 metres measured from finished grade and a minimum length of 11.0 metres. - 7- I I g) Landscaping: (i) Landscaped Open Space (minimum) 10 percent I (ii) 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 fayade of all buildings containing one or more business establishments; I I (iii) Where the boundary of a C8, zone or any C-8 exception zone coincides with or abuts a residential zone boundary, a landscaping strip with a minimum width of 3.0 metres shall be provided on the lot within the C8 zone or within any C8 exception zone thereto; I (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 landscaping strip having a minimum width of 3.0 metres which shall be continuous except for breaks to accommodate vehicular access to drive aisles; I I (v) Within a parking area, every row of parking spaces shall abut at each of its ends a landscaping strip 4.5 metres in length and 2.5 metres in width; and I I (vi) Within each row containing 25 or more parking spaces, an intermediate landscaping strip 4.5 metres in length and 2.5 metres in width shall be provided. h) Parking: I (i) Notwithstanding Section 3.16 c) parallel parking is permitted on a 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; I (ii) No motor vehicle parking space or drive-aisle to a parking space shall be located between a building and a street line; and I (iii) 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: I Use Number of Parking Spaces Reouired A minimum 1 space per 30 square large format retail store; and metres and a maximum of 1 medium format retail store space per 20 square metres of total floor area or any portion thereof 1 parking space for each 20 eating establishment square metres or any portion thereof of total floor area eating establishment 12 parking spaces for each 100 restaurant with a drive- square metres or any portion through facilitv thereof of total floor area 1 parking space for each 30 other drive-through facility square metres or any portion thereof of total floor area I I I I I -8- I I i) Drive- Throughs: I Where a drive-through facility is permitted, the following requirements shall apply: I (i) A 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 it shall be located a minimum of 18 metres from the limit of a street or shown on Schedule 3 to By-law 84-63; I (ii) No part of a stacking lane shall be so located that at any time any motor vehicle which uses it may block, impede or interfere with the use of any parking space required to be provided on the lot on which the drive-through facility is located; I I (iii) No portion of the stacking lane shall be located between a building and a street line; and I (Iv) Notw~hstandlng Section 22A.3 i) (i), a drive-through facility which is not an eating establishment with a drive-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, a 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. I I D Garden Centre: I (i) Notw~hstanding 22A.2 (d) a garden centre facility having a maximum area 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 ~ 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; and I I (ii) The area of the garden centre permitted by clause D(I) of this 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 of the by-law. I k) Seasonal Garden Centre: I (I) Notwithstanding Sections 22A.2 (d) and 22A.3 D(i), a portion of 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 centre as accessory to a permitted use for not more than a total of 90 days each calendar year; and I (ii) The seasonal garden centre permitted by 22.A.3 k)(i) shall not include the storage or sale of motorized equipment, and is not required to provide parking spaces in accordance with Section 3.16 a) of this By-law. I I) Other: I I - 9- I I I I I (i) Any building located in a C8 zone or a C8 exception zone shall be deemed not to be a shopping centre for the purposes of this by- law. 22A.4 SPECIAL EXCEPTIONS LARGE FORMAT COMMERCIAL IC81 ZONE 22A.4.1LARGE FORMAT COMMERCIAL EXCEPTION IC8-11 ZONE a) Notwithstanding Section 22A.2, in addition to the uses permitted in a C8 zone, one motor vehicie service station may be constructed and used within a large format retail store. b) In addition to the regulations contained in Section 22A.3, the following additional regulations shall apply to the lands zoned C8-1 : I I I I I I I I I I I I I I (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) No occupancy of a building for the purposes of a large-format store may occur prior to February 1, 2007. c) None of the provisions of Sections 3.16 e), 22A.3(a)(i) and (iii), (b), and (c)(i), (h)(ii) and (iii), O)(i) and (ii) and (k)(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 compiied 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 fayade is required to be constructed of glass; (iv) The primary business establishment street facade, shall incorporate, a combination of at least two (2) wall plane projections and recesses extending the full height of the building having a minimum depth or projection of 2.0 metres and extending a minimum of 20% of the length of the primary business establishment street facade 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 area accessory to a permitted use is permitted in an 80 square metre area in the vicinity of the main entrance to the building, provided there is no display of building -10- I I materials, empty pallets, containers, storage units, refuse containers or large equipment; I (viii) Parking shall be provided in accordance with the provisions of Section 22A.3 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; I (ix) An indoor bicycle parking facility for employees shall not be required; I ix) Parking shall be permitted to be located between Boswell Drive and a large format retail store; and I (xi) Lands zoned C8-1 may be used to accommodate a portion of the required parking spaces for a legally permitted use In an abutting C9-2 zone. I 22A.4.2LARGE FORMAT COMMERCIAL EXCEPTION IC8-21 ZONE a. Notwithstanding Section 22A.2 (b) in addition to the uses permitted in a C8 zone, a building or structure may be constructed and used for the purpose of one motor vehicle fuel bar and one motor vehicle wash on lands zoned C8-2. I I b. Notwithstanding Section 22A.2(b), the only garden centre permitted is a seasonal garden centre. I c. In addition to the regulations contained in Section 22A.3, the following addijional regulations shall apply to the lands zoned C8-2: I (i) The maximum total floor area within the C8-2 zone is 16,525 square metres: (ii) The seasonal garden centre shall not exceed 1,400 square metres; I (iii) A motor vehicle fuel bar, and motor vehicle wash shall have a yard with a yard width of a minimum of 5 metres from a street shown on Schedule 3 to By-law 84-63; I (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 more than 18 metres from any portion of the limit of a street shown on Schedule 3 to By-law 84- 63; and I I (v) No occupancy of a building for the purposes of a large-format store may occur prior to February 1, 2007. I d. None of the provisions of Sections 3.16 e), 22A.3(a)(i) and (iii), (b), (c), d(i), (h), shall apply to prohibij the construction or use of a building or structure for a purpose permitted in a C8 zone provided that following regulations are complied with: I (i) The minimum yard requirement for a building from a pUblic street shall be 5 metres; I I (ii) There shall be no minimum yard requirement for a large format retail store business establishment street fal'ade from a future -11- I I private street shown on Schedule 3 to By-law 84-63 provided that: I a) The portion of the business establishment street fayade located between grade and an elevation of 2.8 metres above grade shall be located no closer than 3 metres from the north limij from the adjacent future private street; and I b) The portion of the business establishment street fayade located between an elevation of 2.8 metres above grade and an elevation of 8.0 metres above grade shall be located outside the limij of the adjacent future private street. I (ii) A minimum of 20% of the primary business establishment street fayade and 10% of any other business establishment street fayade shall be constructed of transparent glass; I (iv) A primary business establishment street facade shall incorporate a 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 fayade measured horizontally; I I (v) A business establishment street facade facing Green Road shall incorporate at least one (1) wall plane projection or recess extending the full height of the building above finished grade which shall have a minimum projection or depth of 1.0 metres and shall extend a minimum of 30% of the length of the business establishment street fayade measured horizontally; I I I (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 3.0 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; I I (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 fayade 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 unijs, refuse and any thing not required for the display and sale of merchandise shall not be permitted; I I I (viii) An indoor bicycle parking facility for employees shall not be required; I (ix) Parking shall be provided in accordance with the provisions of Section 22A.3 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 I I -12 - I I (x) Lands zoned CB-2 may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C9-2 zone. I I I 22A.4.3 LARGE FORMAT COMMERCIAL EXCEPTION rC8-3\ ZONE a. In add~ion to the regulations contained in Section 22A.3, the following additional regulations shall apply to the lands zoned C8-3: (i) The maximum total floor area that may be constructed and used within the C8-3 zone is 5050 square metres; and I (ii) A minimum of 80% of the total floor area constructed or used on the lands zoned CB-3 must be located within large format or medium format retail store. I I I I I I I b. None of the provisions of Sections 3.16 e), 22A.3 a)(i) and (il), shall apply to prohib~ the construction or use of a Large Format Retail Store or Medium Format Retail Store for a purpose permitted in a CB zone provided that following regulations are complied with: (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-iaw; (ii) A Large or Medium Format Retail Store shall have a yard with a yard width of a minimum 10 metres from a public street; (iii) A 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; iv) A drive-through faCility shall have a yard between the facing wall of the building and the lim~ 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 v) Notwithstanding Section 3.16 e), lands zoned CB-3 may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-4 zone and/or C9-4 zone. 22A.4.4 LARGE FORMAT COMMERCIAL EXCEPTION rC8-4\ ZONE I I I I I I 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 CB-4 zone. b) For the purposes of this zone the following definitions shall apply: i) a Home Improvement Store is a facility specializing in the sale of home building/design and garden products. Goods offered for sale may include, lumber, lighting, electrical and plumbing supplies, hardware, flooring, window coverings, roofing materials, paint/wallpaper, furniture and appliances, seasonal items, lawn and garden supplies and indoor plants. A tool rental centre, fast food kiosk, which is not a drive-through facility, and do-it-yourself training facil~ies are permitted as accessory uses in a home improvement store; and -13- I I I I I ii) a Primary Business Establishment Street Fayade shall be defined as the building fayade of the large format building containing the principal entrance to a business establishment but not necessarily facing a street shown on Schedule 3 to By-law 84-63. c) In addition to the regulations contained in Section 22A.3, the following additional regulations shall apply to the lands zoned C8-4: (i) The maximum total floor area of the building that may be constructed and used within the C8-4 zone is 9,170 square metres. I I I I I I I I I I I I I I d) None of the provisions of Sections 3.16 e), 22A.2(d)(i), 22A.3(a)(i) and (iii), (b), and (c)(i) and (ii), U)(i), and (k)(i) shall apply to prohibit the construction or use of a building or structure permitted in a C8-4 zone, provided that following reguiations are complied with. (i) 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; (ii) A Large Format Retail Store shall have a yard with a yard width of a minimum 3 metres and a maximum 6.0 metres from a future public street (Stevens Road) shown on a Schedule to this By- law; (iii) A Large Format Retail Store shall have a yard with a yard width of a minimum 0 metres from a future private street shown on a Schedule to this By-law; iv) A minimum of 20% of the primary business establishment street facade shall be constructed of transparent glass; (v) A minimum of 10% of the business establishment street facade shall be constructed of glass and no portion of any other business establishment street fa~ade is required to be constructed of 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 4.0 metres and extending a minimum of 15% of the length of the primary business establishment street fa~ade measured horizontally; (vii) Where a business establishment street fayade is greater than 30 metres in length (measured horizontally), the roofline of the fayade (being the top edge of the roof, or where there is a parapet wall the top edge of the parapet wall) shall incorporate a variation in height such that two adjacent sections of the roofline shall have 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 fayade (measured horizontally); (viii) A 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 fa~ade -14- I I I I I I I I I I I I I I I I I I I 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 may be constructed and used for tool rentals, provided the area does not exceed 40 square metres,; x) 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; (xi) An outdoor display area accessory to a permitted use is permitted in an 80 square metre area in the vicinity of the main entrance to the building, provided there is no display of building materials, empty pallets, containers, storage units, refuse containers or large equipment; (xii) The seasonal garden centre referred to in Section 22A.3 k) (I) 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 C9-4 zone. 3. By adding a new Section 22B with the title and text as follows: "228. STREET-RELATED COMMERCIAL (C9) ZONE 228.1 Section 228 applies to lands zoned (C9) by this By-law or any C9 exception zone, unless otherwise specified. a) For the purpose of Section 22B, the term: (i) Bank kiosk: shall mean a financial office with a floor area of 35 square metres or less. (ii) Business establishment: shall mean a building, which contains anyone or more 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 2.1 metres and a minimum width of 0.9 metres and shall be located in the part of the business establishment street fa~ade, which is at or within 0.2 metres above or below finished grade and shall be recessed from the business establishment street fa~ade a minimum of 1.0 metres and a maximum of 3.0 metres. (iv) Business establishment street fa~de: 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-iaw 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. A drive-through facility may -15 - I I be established in combination with other permitted non- residential uses. (vi) Permitted comer fayade: shall mean a portion of the business establishment street fayade which exceeds an angle of 1350 measured at the intersection of the wall plane of the cover fayade and the principal portion of the business establishment street fayade. I I (vii) Primary business establishment street fayade: shall mean a business establishment street fayade containing the principal entrance to a business establishment. I I (viii) Stacking lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is separated from other motor vehicle traffic on the same lot by barriers or curbs. I (ix) Street: shall mean any public street, future public street or future private street shown on Schedule 3 to By-law 84-63 I (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. I 22B.2 Permitted Uses I No person within a Street-Related Commercial (C9) Zone shall use any land or construct or use any building or structure except as specified in this Section, Section 22.B.3 and the applicable provisions of Section 22.B.4: a) Permitted Residential Uses: I Residential dwelling units are permitted to be constructed or used on the second floor or higher of a building containing permitted non-residential uses. I b) Permitted Non-Residential Uses: I (i) assembly hall; (ii) bakery shop; (Iii) beer, liquor or wine retail outlet (iv) business, professional, or administrative office on the second floor or higher of a building containing permitted non-residential uses; (v) convenience store; (vi) day nursery (vii) dry cleaning distribution centre; (viii) eating establishment; (ix) financial office (x) laundry-cain-operated (xi) medical or dental clinic on the second floor or higher on the second floor or higher of a building containing permitted non-residential uses; (xii) place of entertainment; (xiii) printing or publishing establishment; (xiv) private club; (xv) retail/commercial establishment; I I I I I I -16 - I I (xvi) (xvii) (xviii) (xix) (xx) school, commercial service shop, personal; service shop, light; tavern; and theatre. I I c) For the purposes of clarity, no portion of a building shall be used for any of the following purposes: I (i) A drive-through facility; and (ii) An eating establishment with a drive-through facility. I d) Notwithstanding the provision of Section 22.B.2 b)(ix), no more than two 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. I 22B.3 Regulations I 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. I b) Yard Requirements: I (i) A building 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 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 3.5 metres; I (ii) A building on a lot which abuts a future private street shown on Schedule 3 to By-law 64-63, shall have a yard which abuts the lim~ of the future private street with a yard width of a minimum of 0.5 metres and a maximum of 3.0 metres; I I I (iii) Notwithstanding Section 228.3 b) (i) and (ii) where a lot 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 yard requirements applicable to only one of the aforesaid public street or future pUblic street; I (iv) A building on a lot with a iot line which abuts a residential zone boundary shall have a yard abutting the lot line with a minimum yard width of 15 metres; I (v) A building on a lot with one or more lot lines which is not described in Sections 22B.3 a) (i) to (iv), inclusive, shall have a yard abutting each lot line with a minimum yard width of 5 metres; and I (vi) Sections 22B.3 b) (i) and (ii) do not apply to the corner fayade provided that the corner fa~ade does not exceed 20% of the business establishment street fa~ade. c) Building Heights: I (i) Height of building containing non-residential uses (maximum) 3 storeys I -17 - I I (ii) Height of building containing a combination of residential and non- residential uses (maximum) 6 storeys I d) Building Fayade Materials: I (i) A minimum of 40% 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 I (ii) A minimum of 10% of any other business establishment street fayade located between finished grade and an elevation which is 3 metres shall be constructed of transparent or opaque glass. I e) Street Entrances: I (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 fayade 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: I Highway NO.2 and Green Road; . Highway No.2 and Clarington Boulevard; and/or . Clarington Boulevard and Uptown Avenue. I (ii) At least one street entrance for each business shall be located in a business establishment street fayade of a business establishment, provided that if the business establishment has more than one business establishment street fayade, no more than one business establishment street entrance is required; I I (iii) Notwithstanding Section 22B.3 e) (ii), where a building contains three or more individual business establishments, only the building establishments located at each end of the building are required to provide a street entrance; and I iv) Notwithstanding Sections 22B.3 e) (i) and (ii), where an individual 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. I f) Canopies: I 50% of all the buildings within the zone and property limits shall incorporate as an architectural eiement 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 fayade and a minimum height of 2.5 metres above finished grade. I g) Building Articulation: I A building having a business establishment street fayade 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 height of the building above finished grade. h) Screening of Rooftop Mechanicals: I I I -18 - I I 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 (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 I (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 1.8 m above the height of 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. I I I i) Screening of Loading Spaces: I A loading space shall be screened from a street, shown on Schedule 3 to By-law 84-63 by a wall constructed of the same materials as the business establishment street facade and having a minimum height of 5 metres above finished grade and a minimum length of 11.0 metres, measured horizontally. I j) Landscaping: (i) Landscaped Open Space (minimum) 10 percent I (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: I I (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 fayade of all buildings containing one or more business establishments; I (iv) Within a parking area, every row of parking spaces shall abut at each of its ends a landscaping strip 4.5 metres in length and 2.5 metres in width; and I I v) 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. k) Parking: (i) No motor vehicle parking space or drive aisle to a parking space shall be located between a building and a street line. I 228.4 SPECIAL EXCEPTIONS STREET-RELATED COMMERCIAL IC9l ZONE 228.4.1 STREET -RELATED COMMERCIAL EXCEPTION IC9-1l ZONE I a) Notwithstanding Section 22B.2 b) in addition to the uses permitted in the C9 zone, one building may be constructed and used on the lands zoned (C9-1) for the purposes of an eating establishment with drive-through facility . I I -19 - I I I I I b) In addition to the other regulations contained in Section 22B.3 the following additional zone regulations apply to the lands zoned C9-1: (i) Total Floor Area (maximum) 1580 square metres c) None of the provisions of Sections 3.16 e) and 22B.3 b)(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 are complied with: I I I I I I I I I I I I I I (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 0.5 metres and a maximum of 3.0 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 22B.3 b) (i); (ii) Lands zoned C9-1 may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C 1-14 zone; and (iii) Notwithstanding Section 22B.3 b) (i), a building 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 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. 228.4.2 STREET-RELATED COMMERCIAL EXCEPTION IC9-21 ZONE a) In addition to the regulations contained in 22B.3, the following additional zone regulations apply to the lands within the (C9-2) zone: (i) Total Floor Area (maximum) 4000 square metres (ii) Notwithstanding Section 3.16 e), lands in a C9-2 zone may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-1 zone or C8-2 zone; (iii) Notwithstanding Section 22B.3 a) a maximum ofthree (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. 228.4.3STREET-RELATED COMMERCIAL EXCEPTION IC9-31 ZONE a) In addition to the regulations contained in 22B.3, the following additional zone regulations apply to the lands within the (C9-3) 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 C9-3 may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-3 zone and/or C8-4; and -20 - I I I I I (iv) Notwithstanding Section 22B.3 a) 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. 228.4.4 STREET-RELATED COMMERCIAL EXCEPTION IC9-4\ ZONE a) In addition to the regulations contained in 22B.3, the following additional zone regulations apply to the lands within the (C9-4) zone: (i) Total Floor Area (maximum) 1000 square metres I I I I I I I I I I I I I I (ii) Notwithstanding Section 3.16 e), lands zoned C9-4 may be used to accommodate a portion of the required parking for a legally permitted use in an abutting Cl-7 zone. 2. By amending Schedule "3" to By-law 84-63 as amended to correspond wijh Schedules "A-l, A-2, A.3 and A-4" attached to and fonning part of this By-law. 3. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 of the Planning Act, R.S.O. 1990 cP13. By-Law read a first time this 1 day of By-Law read a second time this 1 day of By-Law read a third time and finally passed this 1 March 2006 2006 2006 March day of March -21 - I I I I I I I I I I I I I I I I I I I This is Schedule "A-1" to By-law 2006- 047 passed this 1 day of March , 2006 A.D. ................................................... ...... .... . .................................................................. u................................................................ .................................................................... ................................................................ ................................................................ .................................................................. ................................................................. ............... .... ....... ..... ....................................... .............................................. ................................................................. ................................................................ ................................................................ .................................................... ........................................................ .............................................................. ............................................................... .............................................................. .............................................................. .............................................. ... ................................................ ........................................................ ............................................. ............................................................ ......................................................... . ...... ................................................. ........................................................ ....................................................... .:..:.:::~.~En.H:~~(X.:::.~~ ............................................... .. (!) ~--' ~ DURHAM , I 1P j....................1 Zoning Change From "A-74. To "(H)CS-1" ~ Zoning Change From "(H)CS" To "(H)CS-2" B8alll!8I Zoning Change From "A" To "(H)CS-2" ~ Zoning Change From "(H)CS" To "(H)C9-2" ~ Zoning Change From "A-74" To "(H)C9-2" Bowmanville I I J I I - I .... -' II\F=Cl -~ I I I I I I I I I I I I I I I I I I I This is Schedule "A-2" to By-law 2006- 047 passed this I day of March ,2006 A.D. , I FUTURE '" PUBLIC STREET .........-.......... ......................... ............................. m..................._........... ....................................... ........................................... ................................................ ..................................................... ......................................................... .............................................................. m............................................................... ~~~.~ HIGHWA Y;.. , , , , , z o I- CJ Z ~ <( --' U o <( o ~ z w w ~ CJ UPTOWN AVE ~ J ~ lm.........ml m.._................ ...................... ...................... ...................... .....m.............. ...................... ...................... ~ ~ Zoning Change From "A" To "(H)C8-3" Zoning Change From "A" To "(H)C9-3" Zoning Change From "C1.1S" To "(H)C9-3" Zoning Change From "A" To "(H)C8-4" Zoning Change From "C1-1S" T I .....-. -~ I I I I I I I I I I I I I I I I I I I This is Schedule "A-3" to By-law 2006- 047 passed this 1 day of March , 2006 A.D. , I ..::::::::~:::::::::::::::::~::::::::::::::::::::.:.:.:':':~':...-..:...... 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I I I PRINCE WilLIAM I ~ Zoning Change From "C1-14 Area A" To "C9-1" ~ Zoning Change From "C1-14 Area B" To "C9-1" !~ Zoning Cha~~-1'AreaA" rye -1'" CD z o f- o Z cr: <( -.J U J BLVD. ~ohn Mutton, Mayor I I I I I I I I I I I I I I I I I I I This is Schedule "A-4" to By-law 2006- 047 passed this 1 day of March .2006 A.D. ~ 1GHVVA Y 2 , 1 / I I z o l- e:> : z : ~ I I <( I I ..J I I 0 J .._____________________ ------------------------- PRINCE WilLIAM BLVD. , DURHAM \ ~ Zoning Change From IC1-7" To I{H)C9-4" J ~Jb. Joh"l Mut:on, Mayor I Subject Lands / B#tfttttij ..................................................\ I I I I I I I I I I I I I I I I I I I ~ iil ""C'J :;-0 " ,;'~' )0. " I! ,;--i: >I"~ ;'1'''1( ";-''-' 'n ,~>,~ ,ji '~ ,t' " 1_-- !1!!II., ;mil:1 .... ilL~ ""!~ il~ g , I 111"!ll ~U I I .1,1 0' ~ . "'. I' k g CONCEPT PLAN FOR DEVELOPMENT I' F~ l 1 I i 1 i I I I I ~ I I I I I I I I I I I I I I I I I I I ! 1 I , ! ! s ! ~~ "-". ~<! j ~ ___-1 i I Jfl IlL. ffi;! ~ I r d h o ~ I{i I , !!~!! ' ".s~.~ iiill Ifill L.,. I 11i11 '. ii' '.1" 1,:11, ,I 1.1]:: :jil :li!L i!:li: hH II ;;1: ;j;:J1 ~; it ;! !i:; I ill!J! !If'II'l! ""lJ ;:!:]! n r I I I I I I I I I I I I I I I I I ~ P'~ I:;J' ~ " l ,>I ,. III II ,1 :ill: 11 11 #- , I ~ . !I) III N ! 0 II' -~ I i ~lll .,< ! iil!. hi : : f.!~l\ l! . I 'I! ,ill- i I, . ':1; IIllu . U II .,.., all i , i i i I I I I I I I I I I I I I I I I I I I COURCIIJ.OB. SCHELL MUNICIPALITY OF CLARINGTON COUNCIL RESOLUTION # -r; ~~ , SECOND The Council of the Corporation of the Municipality of Clarington hereby resolves that the following drawings be endorsed in principle as the Concept Plan for Development of the lands owned by Players Business Park Ltd. and West Diamond Properties Inc., subject to the submission and review of detailed plans and drawings under section 41 of the Planning Act: 1. Plan prepared by Stantec Consulting Ltd. identified as Drawing SP-08 entitled "Concept Plan for Development; 2. Elevation Drawings for proposed Wal-Mart store prepared by Petroff Partnership Architects entitled "Bowmanville Commercial Development Conceptual Elevations. revised July 14, 2005; and 3. Elevation Drawings for proposed Real Canadian Superstore entitled "Proposed Elevations. prepared by Tumer Fleischer Architects Inc. dated January 28, 2005, revised July 12, 2005. I I I I I I I I I I I I I I I I I I I THIS INDEMNITY AGREEMENT made as of the 151 day of March, 2006. BETWEEN: PLAYERS BUSINESS PARK LTD. and (hereinafter called "Players") WEST DIAMOND PROPERTIES INC. (hereinafter called "West Diamond") (Collectively hereafter 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. At its meeting on March 1, 2006, the Municipality's Council adopted or passed Official Plan Amendment 43 ("OPA 43"), Official Plan Amendment 44 ("OPA 44"), Zoning By-law Amendment 2006-046 and Zoning By-law Amendment 2006-047 as they apply to certain lands owned by Players-West Diamond and Halloway, respectively ("Planning Documents"). On the same date, the Municipality entered into Principles of Understanding with Players, West Diamond and 1613881 ("Players-West Diamond Principles") and Principles of Understanding with Halloway ("Halloway Principles"). As well, on the same date the Municipality, Players- West Diamond and Halloway entered into the Stevens Road Extension Agreement; and I I I I I I I I I I I I I I I I I I I 2 B. The Municipality's Council passed By-law 2006-052 to authorize the Mayor and Municipal Clerk to execute this Indemnity Agreement on behalf of the Municipality, NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the other Parties as follows: Co-operation with the Municipality 1. If the Municipality's Council adopts or enacts proposed OPA 43, OPA 44 and Zoning By-law Amendments 2006-046 and 2006-047 as they apply to the Owners' Commercial Lands (as defined in the Players-West Diamond Principles) ("Players-West Diamond Planning Documents") and to the Owner's Commercial Lands (as defined in the Halloway Principles) ("Halloway Planning Documents") and any appeal is made to the Ontario Municipal Board in respect of either of these Planning Documents, Players-West Diamond, Halloway and the Municipality will cooperate to achieve the "Final Approval" (as defined in the Players-West Diamond Principles and the Halloway Principles, respectively) of the Players-West Diamond Planning Documents and the Halloway Planning Documents. Players-West Diamond, Halloway and the Municipality will use every reasonable effort to avoid the necessity of a hearing and to ensure the efficient conduct of the hearing if one is required. Also, Players-West Diamond, Halloway and the Municipality will work together to coordinate their respective cases so as to streamline the hearing to avoid duplication and to minimize costs. Costs Where There are Appeals 2. (a) In satisfaction of the Municipality's policy regarding costs, Players-West Diamond and Halloway will pay to the Municipality the Municipality's reasonable legal and consulting costs for any Ontario Municipal Board or Court I I I I I I I I I I I I I I I I I I I 3 proceedings arising from any appeal of any of the Planning Documents in order to achieve their Final Approval. Players-West Diamond will be responsible only for that portion of the costs of any appeal(s) of the Players-West Diamond Planning Documents in order to achieve Final Approval of the Players-West Diamond Planning Documents. These costs shall be those which are determined by the Municipality's Director of Planning Services, acting reasonably, to be reasonable attributable to the Ontario Municipal Board and/or Court appeal(s) of the Players-West Diamond Planning Documents. Halloway will be responsible only for that portion of the costs of an appeal(s) of the Halloway Planning Documents in order to achieve Final Approval of the Halloway Planning Documents. These costs shall also be those which are determined by the Municipality's Director of Planning Services, acting reasonably, to be reasonably attributable to the Ontario Municipal Board or Court appeals of the Halloway Planning Documents. (b) The costs that are determined by the aforesaid Director to be the costs that should be borne by Players-West Diamond and Halloway jointly will be paid by Players- West Diamond and Halloway to the Municipality in the following proportions: Players-West Diamond 65% and Halloway 35%. (c) Costs referred to in paragraphs 2(a) and 2(b) will be paid by Players-West Diamond and Halloway, respectively to the Municipality within 30 days after a written invoice is given by the Municipality to them or either of them, as the case may be. Such supporting material that the aforesaid Director, acting reasonably, considers to be necessary shall be given to either or both Players-West Diamond and Halloway, as the case may be, with each invoice. Invoices shall be supported by copies of invoices rendered to the Municipality by its solicitor and by its consultants. Invoices are to be rendered by the Municipality monthly, if possible. 3. Notwithstanding the foregoing provisions of paragraph 2, if any appeals to the Ontario Municipal Board or Court proceedings arising therefrom is brought only in respect of the I I I I I I I I I I I I I I I I I I I 4 Players-West Diamond Planning Documents, Players-West Diamond shall pay the Municipality 100% of the Municipality's reasonable legal and consulting costs. If any appeal to the Ontario Municipal Board or Court proceedings resulting therefrom is brought only in respect of the Halloway Planning Documents, Halloway shall pay the Municipality 100% of the Municipality's reasonable legal and consulting costs. In each case, the Municipality's Director of Planning Services, acting reasonably, shall make the determinations necessary to implement the intent of this paragraph 3. The provisions of paragraph 2(c) respecting invoices and payments shall apply with all necessary amendments to implement the intent of this paragraph 3 being considered to have been made. Costs ofPreparinl! and Rel!isterinl! on Title Principles ofUnderstandinl! and Other Al!reements 4. Players-West Diamond will indemnify the Municipality against 50% of the reasonable legal and consulting costs and disbursements incurred by it in preparing and registering on title the Principles of Understanding between Players-West Diamond, 1613881 Ontario Inc. and the Municipality and between Halloway Holdings Limited and the Municipality made as of March I, 2006, and 100% of the reasonable costs of preliminary site plan review including traffic, engineering, design and legal costs resulting in the approval of the Concept Plan for Development provided for in the Players-West Diamond Principles. They will also indemnifY the Municipality against 50% of the reasonable legal and consulting costs and disbursements incurred by the Municipality in preparing the Stevens Road Extension Agreement between Players-West Diamond, Halloway and the Municipality and this Agreement. 5. Halloway will indemnify the Municipality against 50% of the reasonable legal and consulting costs and disbursements incurred by it in preparing and registering on title the Principles of Understanding between Halloway and the Municipality and between Players-West Diamond, 1613881 and the Municipality made as of March I, 2006, and 100% of the reasonable costs of preliminary site plan review including traffic, engineering, design and legal costs resulting in the approval of the Concept Plan for I I I I I I I I I I I I I I I I I I I 6. Notice 7. 5 Development as provided in the Halloway Principles. It will also indemnify the Municipality against 50% of the reasonable legal and consulting costs and disbursements incurred by the Municipality in preparing the Stevens Road Extension Agreement between Players-West Diamond, Halloway and the Municipality and this Agreement. The payment of costs referred to in paragraphs 4 and 5 will be made within thirty (30) days from the date the Municipality gives written notice requiring payment to Players- West Diamond and Halloway, respectively. If any notice or other document is required to be or may be given by the Municipality or by any official of the Municipality to the Owners by this Agreement, or by an Owner to the Municipality, such notice shall be transmitted by telefax, mailed by first class prepaid post or delivered to: The Owners: Players-West Diamond: c/o West Diamond Properties Inc. 30 Floral Parkway Concord, ON UK 4Rl Attention: Mr. Robert DeGasperis and: c/o Players Business Park Ltd. 1700 Langstaff Road Suite 2003 Concord, ON L4K 3S3 Attention: Mr. Bruce Fischer and: Halloway: Halloway Holdings Ltd. 177 Nonquon Road 20th Floor Oshawa, ON LlG 3S2 I I I I I I I I I I I I I I I I I I I 6 OR, To the Municipality: The Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 Attention: Director of Planning Services Fax: 905-623-0830 or such other telefax number or address of which either party has notified the other party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out above, then such notice shall be sent by an alternate means of transportation which may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. Authoritv of Municipalitv 8. Players, West Diamond and Halloway acknowledge and agree that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and fully enforceable by the parties, and that this Agreement is executed by the Municipality in reliance on the acknowledgement and agreement of Players, West Diamond and Halloway as aforesaid. Time of the Essence 9. Time is of the essence of this Agreement. I I I I I I I I I I I I I I I I I I I 7 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 of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY LARINGTON cJJF- WEST DIAMON ERTIES INC. PLAYERS BU Name: Name: Title: Title: Name: Title: Name: Title: HALLO AY HOLDING;frrD. [/111/ TP () ~# Name: I I I I I I I I I I I I I I I I I I I SCHEDULE "F" Cross-Section Drawinl!s for Private Roads A and B I I I I I I I I I I I I I I I I I I I West Bowmanville Town Centre Private Street Cross Section Requirements North-South SEGMENT "A" King Street to first East-West driveway 18 metre r.o.w. 11.5 m curb face to curb face this may be tapered down where the private street intersects with a public street to the satisfaction of the Director of Engineering Services hard surface boulevards on both sides . trees to be planted 6 metre G.C. and setback 1.5 m from curb light standards 40 metres G.C. on both sides of the road . . . . SEGMENT "B" Between East-West driveway and Private Street . 18 metre r.o.w. 11.5 m curb face to curb face trees to be planted 6 metre G.C. and setback 1.5 m from curb light standards 40 metres G.C. on both sides of the road 1.8 metre wide sidewalk abutting parking spaces 2.0 metre landscaped boulevard containing street trees . . . . . East - West SEGMENT "A" Boswell Drive to first North-South Private Street (Wal-Mart) . 18 metre r.o.w. . 9.15 m curb face to curb face . 1.5 metre hard surface on north side . 2.5 metre landscaped island at the end of each parking aisle with a tree to the south . 4.85 metre south of landscaped island for parking spaces. . light standards maximum 40 metres G.C. on south side of the road or appropriate location to the satisfaction of the Director of Planning Services SEGMENT "B" Green Road to first North-South Private Street (RCSS) . 18 metre r.o.w. I I I I I I I I I I I I I I I I I I I . 10.0 m curb face to curb face 1.0 metre hard surface on north side 2.5 metre, or greater, landscaped island at the end of each parking aisle with a tree to the south to the satisfaction of the Director of Planning. 6.0 metre, or less depending on the width of the landscaped island shall be located south of landscaped island for parking spaces. light standards maximum 40 metres a.c. on south side of the road or appropriate location to the satisfaction of the Director of Planning Services . . . 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SCHEDULE "G" Terms and Conditions of Aereement of Purchase and Sale of Private Roads Without derogating from paragraph 10 of these Principles, the Agreement of Purchase and Sale arising from the exercise of the Option respecting Private Roads A, Bl and B2 shall contain the following terms and conditions: 1. Taxes and rent shall be apportioned between the parties and allowed to the Completion Date, as same may be extended pursuant to the terms of this Schedule. 2. The Municipality shall be permitted until the Completion Date, as same may be extended pursuant to the terms of this Schedule, to search title to Option Lands. Title to the Private Road(s) shall be free and clear from all restrictions, charges, liens and encumbrances except as specifically provided for in these Principles and save and except for: (a) any registered municipal agreements and registered agreements with publicly regulated utilities, providing such have been complied with or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (b) any minor easements for the supply of domestic utility or telephone services to the property or adjacent property; (c) an easement to be reserved by the Owners for vehicular and pedestrian access to, on, over, along and through the lands to which the Option applies for the Owners and their successors, tenants, agents, employees, workmen and invitees, from time to time, until such time as the Municipality enacts a by-law dedicating the former Private Road(s) as a public highway(s), and I I I I I I I I I I I I I I I I I I I 2 (d) the encroachment into Private Road B2 of any portion of the roof of a building constructed in accordance with the provisions ofthe Zoning By-law, (collectively, "Permitted Encumbrances"). 3. If, within the time provided, any valid objection to title is made in writing to the Vendor or the Vendor's solicitor and which the Owner is unable to remove, remedy or satisfy by the Completion Date and which the Municipality will not waive, then the Municipality, at its option, from time to time, may extend the Completion Date, by giving notice in writing to the Vendor or the Vendor's solicitor setting forth such extended Completion Date, provided that the last of such extended Completion Dates is not more than ninety (90) days following the original Completion Date. Until the extended Completion Date(s), the Vendor shall seek to resolve or satisfy all such objections to title in good faith and diligently. Save as to any valid objection so made and, except for any objection going to the root of title, the Municipality shall be conclusively deemed to have accepted the Vendor's title to Private Roads A, Bl and B2, as the case maybe. 4. If the Vendor has been unable to remove, remedy or satisfy any valid objection to title by the completion Date, and as same may have been extended pursuant to the terms of this Schedule, then the Municipality, at its option, may deliver a Notice of Expropriation pursuant to the Expropriations Act, and the Vendor agrees not to dispute such Notice of Expropriation. The Municipality may thereafter register a Plan of Expropriation and the Vendor agrees that, notwithstanding the date of registration of such Plan of Expropriation, the compensation payable to the Vendor and any encumbrances shall be a nominal consideration. 5. The Option shall run with and bind the title to Private Roads A, Bland B2 and shall be binding upon the Vendor's successors and assigns. 6. No reference to or exercise of any specific right or remedy by the Municipality shall prejudice or preclude it from any other remedy in respect thereof, whether allowed at law I I I I I I I I I I I I I I I I I I I 7. 8. 9. 10. 11. 3 or in equity or expressly provided in these Principles. No such remedy shall be exclusive or dependent upon any other such remedy but the Municipality may, from time to time, exercise anyone or more such remedies independently or in combination. On the Completion Date, the Municipality shall be paid the amount, if any, which shall be necessary for the Municipality to pay to the Receiver General for Canada in order to satisfy the Municipality's liability in respect of tax payable by the Owner under the non- residency provisions of the Income Tax Act by reasons of the exercise of the Option. The Municipality shall not claim such credit if the Vendor delivers, on the Completion Date, the prescribed Certificate or a Statutory Declaration that the Vendor is not then a non- resident of Canada. The Vendor shall also deliver on the Completion Date to the Municipality evidence of compliance of the transaction with the Family Law Act, as amended or repealed and replaced from time to time. The Transfer/Deed, save for the Land Transfer Tax Affidavit, shall be prepared III registrable form at the expense ofthe Vendor. Time shall, in all respects, be of the essence hereof, provided that the time for doing or completing any matter provided for herein may be extended or abridged by an agreement in writing signed by the Municipality and the Owner or by their respective solicitors who are expressly appointed in this regard. Private Roads A, B I and B2 shall be and remain until completion at the risk of the Vendor. The Option and the completion of this transaction shall be governed by the laws of the Province of Ontario. I I I I I I I I I I I I I I I I I I I STEVENS ROAD EXTENSION AGREEMENT THIS STEVENS ROAD EXTENSION AGREEMENT made as of the 1st day of March, 2006. BETWEEN: PLAYERS BUSINESS PARK LTD. and (hereinafter called "Players") WEST DIAMOND PROPERTIES INC. (hereinafter called "West Diamond") (Both collectively 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 Diamond and Halloway (hereinafter sometimes referred to collectively as the "Owners" and individually as an "Owner"), respectively, are the owners of certain lands, portions of which are located in the Bowmanville West Town Centre designated by the Municipality's proposed Official Plan Amendments 43 and 44 ("OPA 43" and "OPA 44"). OPA 43 and OPA 44 were adopted by the Municipality's Council at its meeting on March 1,2006. These lands are designated "General Commercial" and "Street-Related Commercial" by OPA 44. I I I I I I I I I I I I I I I I I I I - 2 - They are referred to individually as the "Owner's Commercial Lands" and collectively as the "Owners' Commercial Lands". Copies ofOPA 43, OPA 44 and Zoning By-law Amendments 2006-046 and 2006-047 are contained in Schedule "A" to each of the Principles of Understanding referred to in Recital D ofthis Agreement; B. The titles to the Owners' Commercial Lands referred to in Recital A are registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) and comprise portions of the lands identified by the following Property Identification Numbers ("PIN"): PIN # 26612-0113 26612-0114 26612-0024 26613-0106 26613-0107 26613-0033 26613-0034 26613-0035 Owner Players West Diamond Players Halloway Halloway Halloway Halloway Halloway C. This Agreement deals with the construction of the planned Stevens Road Extension between Durham Road 57 and Green Road. It is shown on Map "B" attached to proposed OPA 44; D. Players-West Diamond and Halloway, respectively, have entered into separate Principles of Understanding with the Municipality which were made as of March 1, 2006 regarding the development of their respective portions of the Owners' Commercial Lands and certain other matters; E. Each of the Principles of Understanding referred to in Recital D provides for its unwinding in the circumstances set out in paragraph 2 of each of the Principles of Understanding and also provides for their termination under certain circumstances as set out in paragraph 22 of the Halloway Principle of Understanding and paragraph 23 of the Players-West Diamond Principles of Understanding; I. I I I I I I I I I I I I I I I I I I - 3 - F. The term "Final Approval" when used in this Stevens Road Extension Agreement has the same meaning as it has in the two Principles of Understanding referred to in Recital D, except that when the term "Final Approval" is used in this Agreement in reference to an Owner's Commercial Lands, it shall be deemed to refer to the lands owned by that Owner in respect of whose lands the Principles executed by that Owner apply, and when the term "Final Approval" is used in this Agreement in reference to the Owners' Commercial Lands, it shall be deemed to refer to the lands to which the combination of the lands referred to in both of the Principles apply; G. The term "Total Floor Area" has the same meaning as it has for the purposes of the Municipality's Zoning By-law, By-law 84-63, as amended, except that in the case of lands within a Large Format Commercial (C8) Zone established by Zoning By-law Amendment 2006- 047, the area of a permitted "garden centre" as defined in section 22A.l(a)(vi) which is added to the aforesaid By-law 84-63 by section 2 of Zoning By-law Amendment 2006-047, shall be excluded from the calculation of the total floor area of buildings or structures, provided that the required parking is provided; and H. The execution of this Stevens Road Extension Agreement by the Mayor and Municipal Clerk is authorized by By-law 2006-051 passed by the Municipality's Council at its meeting on March 1,2006, NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the other Parties as follows: RECITALS 1. Each of Recitals A to G is hereby incorporated into the operative part of this Stevens Road Extension Agreement and each shall be construed as covenants contained in this Agreement. I I I I I I I I I I I I I I I I I I I -4 - FINANCING, TIME OF CONSTRUCTION AND MAINTENANCE AND REpAIR OF DEVELOPER- FUNDED SECTION OF STEVENS ROAD EXTENSION 2. (a) Players-West Diamond and Halloway, respectively, shall pay to the Municipality the cost of construction of the Stevens Road Extension between Green Road and Clarington Boulevard (the "Developer-Funded Section") as provided in this Agreement. (b) The Municipality shall be responsible to undertake the design and construction of both the Developer-Funded Section and the Municipally-Funded Section of the Stevens Road Extension and shall commence construction of them at the time specified in paragraph 3, provided that Players-West Diamond and/or Halloway provide the Municipality with the funds required for the design and construction of the Developer-Funded Section as provided for in this Agreement. The Municipality acknowledges that it shall be responsible for the maintenance and repair of the Stevens Road Extension at its cost, unless and until it is permanently closed as a public highway, and the Owners shall not be responsible for the maintenance and repair of the Stevens Road Extension. CONSTRUCTION OF MUNICIPALLY-FUNDED SECTION OF STEVENS ROAD EXTENSION FROM DURHAM ROAD 57 TO CLARlNGTON BOULEVARD 3. The Municipality acknowledges that it will acquire any necessary land and construct at its cost the section of the Stevens Road Extension between Durham Road 57 and Clarington Boulevard ("Municipally-Funded Section"). It will not require Players-West Diamond and Halloway to contribute to the cost of the Municipally-Funded Section other than pursuant to the Development Charges By-law 2005-108 of the Municipality or the annual tax levy of the Municipality. Construction of the Municipally-Funded Section will be commenced by the Municipality as soon as is reasonably practicable after the later to occur of the date on which Final Approval of OPA 43, OPA 44, Zoning By-law Amendments 2006-046 and 2006-047as they apply to either of the Owner's Commercial I I I I I I I I I I I I I I I I I I I - 5 - Lands or the Owners' Commercial Lands is received, and the date on which an Owner gives the Municipality written notice that it intends to develop a "Large Format Retail Store" containing a minimum of 2,600 square metres of Total Floor Area on any portion of the Owner's Commercial Lands and waives its right to terminate the Principles of Understanding which it has executed with the Municipality. COST OF CONSTRUCTION OF DEVELOPER-FuNDED SECTION 4. The parties acknowledge that the current estimated cost of construction of the section of the Stevens Road Extension between Clarington Boulevard and Green Road ("Developer- Funded Section") to an "Urban Profile" (as defined in Schedule "A" hereto) ("Urban Profile Works") is Five Hundred Ninety-Six Thousand One Hundred and Thirty-Six ($596,136.00) Dollars ("Urban Profile Works Cost Estimate"). The current estimated cost of construction of the Developer-Funded Section to a "Rural Profile" as defined in Schedule "B" hereto ("Rural Profile Works") is Three Hundred Twenty-One Thousand Six Hundred and Forty-Four ($321,644.00) Dollars ("Rural Profile Works Cost Estimate"). The assumptions used for the calculations of the Urban Profile Works Cost Estimate and the Rural Profile Works Cost Estimate are set out in Schedule "C" hereto. OWNERS' PAYMENTS TO BE SECURED BY PERFORMANCE GUARANTEE 5. The performance guarantee ("Performance Guarantee") referred to in this Stevens Road Extension Agreement to be provided by each Owner pursuant to this Agreement to secure obligations to the Municipality hereunder shall either be cash (which shall be deposited in a segregated reserve account by the Municipality) or an irrevocable and unconditional letter( s) of credit issued by a bank listed in Schedule I or II of the Bank Act in a form and containing terms and conditions that are acceptable to the Municipality's Director of Finance. The amount of each Owner's Performance Guarantee shall be as provided for in this Agreement and shall be adjusted from time to time as provided in this Agreement. I I I I I I I I I I I I I I I I I I I - 6 - NOTICES RESPECTING THE DEVELOPER-FuNDED SECTION 6. Prior to or concurrently with the enactment by the Municipality (or if an appeal is made respecting the removal of the H (Holding) symbol to the Ontario Municipal Board, by the Board) of any amendment to Zoning By-law Amendment 2006-047 to remove the H (Holding) symbol from any portion of the Owners' Commercial Lands on which a Large Format Retail Store is permitted, such Owner (the "Initiating Owner") shall give written notice (the "First Notice") to the other Owner and the Municipality stating that it intends to provide the funding for the construction of the Developer-Funded Section. Within fifteen (15) days after the First Notice is given, the other Owner to whom the First Notice is given (the "Responding Owner") shall give written notice (the "Second Notice") to the First Owner and the Municipality stating whether it will: (a) provide its share of the funding of the Urban Profile Works Cost Estimate in accordance with paragraph 7 (the "Urban Profile Option"); or (b) pay the costs of upgrading the Developer-Funded Section from a Rural Profile to an Urban Profile in accordance with paragraph 9 (the "Rural Profile Option"). If the Second Notice is not delivered within such fifteen (15) day period, the Responding Owner shall be deemed to have selected the Rural Profile Option. FUNDING REQUIRED FOR URBAN PROFILE OPTION 7. If the Responding Owner selects the Urban Profile Option, then each Owner shall be responsible to pay to the Municipality fifty per cent (50%) of the costs of the design and construction of the Urban Profile Works, and shall, not later than thirty (30) days following the date that the First Notice is delivered, deposit with the Municipality a Performance Guarantee in an amount equal to fifty per cent (50%) of the Urban Profile Works Cost Estimate which shall be used by the Municipality to pay such costs in accordance with paragraph 13 of this Agreement. I I I I I I I I I I I I I I I I I I I - 7 - FUNDING REQUIRED FOR RURAL PROFILE OPTION 8. In the event that the Responding Owner selects the Rural Profile Option, then the Initiating Owner shall be responsible to pay to the Municipality the costs of the design and construction of the Rural Profile Works. Not later than thirty (30) days following the date that the First Notice is delivered, the Initiating Owner shall deposit with the Municipality a Performance Guarantee in an amount equal to one hundred per cent (100%) of the Rural Profile Works Cost Estimate which shall be used by the Municipality to pay such costs in accordance with paragraph 13 ofthis Agreement. FuNDING REQUIRED TO UPGRADE RURAL PROFILE TO URBAN PROFILE 9. If the Responding Owner selects the Rural Profile Option, then the Responding Owner shall be responsible to pay to the Municipality one hundred (100%) per cent of the costs of upgrading the Developer-Funded Section from a Rural Profile to an Urban Profile (the "Rural to Urban Upgrade Works"), and shall deposit with the Municipality a Performance Guarantee in an amount equal to the one hundred (100%) per cent of the estimated costs thereof (the "Rural to Urban Upgrade Works Cost Estimate") prior to the submission of an application to the Municipality to amend Zoning By-law Amendment 2006-_ to remove the H (Holding) symbol from any portion of the Owner's Commercial Lands of the Responding Owner. REVISED WORKS COST ESTIMATES AND ADDITIONAL PAYMENTS 10. (a) Prior to the payment to the Municipality of the As-Constructed Costs of the Urban Profile Works, the Rural Profile Works, or the Rural to Urban Upgrade Works as contemplated by this Agreement, the Municipality's Director of Engineering Services may from time to time give written notice to each of Players-West Diamond and Halloway respectively, of his revised cost estimate for the construction of the Urban Profile Works ("Urban Profile Revised Works Cost Estimate"), the Rural Profile ("Rural Profile Revised Works Cost Estimate") I I I I I I I I I I I I I I I I I I I (b) (c) - 8- and/or the Rural to Urban Upgrade Works ("Rural to Urban Upgrade Revised Works Cost Estimate"), together with an explanation of the reason for the revised cost estimate. The amount to be paid for the design and construction of the Urban Profile Works, the Rural Profile Works and/or the Rural to Urban Upgrade Works and the amount of each Owner's required Performance Guarantee shall be deemed to be the amount of any Urban Profile Revised Works Cost Estimate, Rural Profile Revised Works Cost Estimate or Rural to Urban Upgrade Revised Works Cost Estimate, as the case may be. Following the giving of notice pursuant to this paragraph, the latest Urban Profile Revised Works Cost Estimate, the latest Rural Profile Revised Works Cost Estimate and/or the latest Rural to Urban Upgrade Revised Works Cost Estimate shall be deemed to be the Urban Profile Works Cost Estimate, the Rural Profile Works Cost Estimate and the Rural to Urban Upgrade Works Cost Estimate, as the case may be, for the purposes of this Agreement. If the Municipality's Director of Engineering Services gIves to the Owners written notice of the Urban Profile Revised Works Cost Estimate subsequent to the Owners having deposited Performance Guarantees with the Municipality pursuant to paragraph 7, then each Owner shall deposit with the Municipality an additional Performance Guarantee in an amount equal to fifty (50%) per cent of the amount of the increase in the Urban Profile Works Cost Estimate within thirty (30) days of such notice. If the Municipality's Director of Engineering Services provides to an Owner written notice of a Rural Profile Revised Works Cost Estimate or a Rural to Urban Upgrade Revised Works Cost Estimate subsequent to the responsible Owner having deposited a Performance Guarantee with the Municipality pursuant to paragraph 8 or 9, as the case may be, then the responsible Owner shall deposit with the Municipality an additional Performance Guarantee in an amount equal to one hundred (100%) per cent of the amount of the increase in the Rural Profile Works Cost Estimate or the Rural to Urban Upgrade Revised Works Cost Estimate, as the case may be, within thirty (30) days of such notice. I I I I I I I I I I I I I I I I I I I - 9 - AS-CONSTRUCTED COSTS 11. Upon completion of the Urban Profile Works, the Rural Profile Works or the Rural to Urban Upgrade Works, as the case may be, the Municipality's Director of Engineering Services shall give Players-West Diamond and Halloway written notice that the Stevens Road Extension has been completed and dedicated as a public road by By-law passed pursuant to the Municipal Act, 2001 ("Completed"). No later than the ten (10) days following the date on which this written notice is given to the Owners, the Municipality's Director of Engineering Services shall give written notice to Players-West Diamond and Halloway of the as-constructed costs thereof. If the as-constructed costs exceed the Urban Profile Works Cost Estimate, the Rural Profile Works Cost Estimate, or the Rural to Urban Upgrade Works Cost Estimate, whichever is applicable, forthwith after written demand is given to it by the Municipality the Owner that is responsible for the costs thereof pursuant to paragraph7, 8 or 9, shall pay the Municipality any amount by which such as-constructed costs exceed the Urban Profile Works Cost Estimate, the Rural Profile Works Cost Estimate, or the Rural to Urban Upgrade Works Cost Estimate, as the case may be ("As-Constructed Payment"). If the as-constructed costs are determined by the Municipality's Director of Engineering Services to be less than the Urban Works Cost Estimate, the Rural Profile Works Cost Estimate or the Rural to Urban Upgrade Works Cost Estimate, whichever is applicable, the Municipality shall return any Performance Guarantee not required for the payment of the design and construction costs ofthe Urban Profile Works, the Rural Profile Works or the Rural to Urban Upgrade Works within thirty (30) days after written notice is given pursuant to this paragraph by the Director to the Owner or the Owners, as the case may be. MUNICIPALITY TO CONSULT WITH OWNERS 12. The Municipality will consult with the Owners or their consulting engineers in respect of the design of and preparation of the tender documents for the Urban Profile Works, the Rural Profile Works and the Rural to Urban Upgrade Works, and in respect of any extras or change orders requested to the construction contracts therefor. During regular business I I I I I I I I I I I I I I I I I I I - 10 - hours of the Municipality, at a time to be arranged with the Municipality's Director of Engineering Services in advance not less than one (1) week prior to the call for tenders by the Municipality or prior to the issuance of a change order or extra to the construction contract, as the case may be, the Owners shall be given the opportunity to inspect such plans and documentation as may be reasonably required for such consultation. USE OF FuNDS BY THE MUNICIPALITY 13. (a) The Municipality shall: (i) use the performance Guarantee and the As-Constructed Payments provided by the Owners in respect of the Urban Profile Works Cost Estimate only to pay for costs actually incurred in respect of Urban Profile Works, and shall pay fifty per cent (50%) of each such cost incurred from the Performance Guarantees and/or the As-Constructed Payments provided by each Owner; (ii) use the Performance Guarantee and As-Constructed Payments provided by the Initiating Owner in respect of the Rural Profile Works Cost Estimate only to pay for costs actually incurred in respect of Rural Profile Works; and (iii) use the Performance Guarantee and As-Constructed Payments provided by the Responding Owner in respect of the Rural to Urban Upgrade Works Cost Estimate only to pay for costs actually incurred in respect of Rural to Urban Upgrade Works. (b) During regular business hours of the Municipality, at a time to be arranged in advance with the Municipality's Director of Engineering Services, the Owners may inspect copies of such documentation as may be reasonably required to verify the costs so incurred by the Municipality (including copies of invoices, approved purchase orders and/or certified progress certificate in respect of such costs). I I I I I I I I I I I I I I I I I I I - 11 - CONSEOUENCES OF DEFAULT 14. In the event that either or both of Players-West Diamond and Halloway fail to provide any Performance Guarantee or make any payments to the Municipality required pursuant to this Agreement within the time periods required herein, the Owner in default shall not apply for or require the issuance of any permit for the construction of or occupancy by or occupy any Large Format Retail Store on any portion of the said Owner's Commercial Lands pursuant to the Ontario Building Code Act until such Performance Guarantee or payments (including the payment of any interest that has accrued pursuant to paragraph 15) have been fully deposited or made. UNPAID MONIES 15. Except as otherwise provided in this Agreement, the due date of any money payable under it, unless a different due date is specified in this Agreement, shall be ten (10) days after the date of the giving of written notice by the Municipality to Players- W est- Diamond and/or Halloway, as the case may be. Where an Owner is in default in respect of such payment, interest shall be calculated and be paid to the Municipality by the Owner in default on all sums for the Owner is in default at the same rate, and in the same manner, and at the same time as is the case with municipal taxes which are in arrears at the date on which the default in question commences. OBLIGATIONS NOT JOINT 16. The obligations of each of Players-West Diamond and Halloway under this Stevens Road Extension Agreement are several, and not joint or joint and several. I I I I I I I I I I I I I I I I I I I - 12 - CONDITION TO CONSENT TO DIVIDE OR Al'PROV AL OF DRAFT PLAN 17. Players-West Diamond and Halloway hereby irrevocably consent to the imposition of a condition by the Region of Durham Land Division Committee on an application for provisional consent to divide their respective lands comprising a portion of the Owners' Commercial Lands or by the approving authority under the Planning Act on the approval of a draft plan of subdivision which would divide any such lands into lots or blocks, requiring the deposit of the Performance Guarantee required by paragraphs 7, 8 and 9 of this Agreement. ACTING REASONABLY 18. All discretionary decisions of officials of the Municipality and the Municipality which are referred to in this Agreement shall be deemed to be qualified by the words "acting reasonably". ASSUMPTION AGREEMENT REQUIRED 19. (a) Players-West Diamond and Halloway severally covenant and agree with the Municipality that until the Performance Guarantees required by paragraph 7 of this Agreement are deposited with the Municipality, it shall be a general and indispensable condition of any sale, mortgage or charge or a lease for a term including entitlement to renew of 21 years or more either of the whole or anyone or more portions of the Owners' respective lands or any assigmnent or sublease of such a leasable interest with an unexpired term including entitlement to renew of 21 years or more of the whole or anyone or more portions of such lands, that each proposed transferee, mortgagee, chargee, lessee, assignee or sub-lessee, as the case may be, has entered into an agreement with the Municipality prior to and conditional on the transaction in question taking place asswning each of their obligations and covenants provided for in this Agreement ("Asswnption Agreement"). Where a mortgage, charge, lease, assigmnent oflease or sublease of a leasehold interest is given by way of security for financing then such mortgagee, I I I I I I I I I I I I I I I I I I I (b) - 13- chargee, lessee, assignee or sub-lessee, thereunder shall not be bound to assume Players', West Diamond's, Halloway's or an assuming party's ("Assuming Party") as the case may be, obligations and covenants, unless and until such mortgagee, chargee, lessee, assignee or sub-lessee takes possession or control of the property pursuant to such security. Where the obligations and covenants of a party to this Agreement other than the Municipality have been assumed unconditionally by a transferee, lessee, assignee or sub-lessee, as the case may be, who has acquired all or a portion of the Owner's Commercial Lands and has entered into an Assumption Agreement with the Municipality, then the Owner is hereby released from its obligations and covenants hereunder to the extent that such obligations and covenants have been so assumed. Concurrent with the delivery of this Agreement by each of Players, West Diamond and Halloway to the Municipality, each of them shall deliver to the Municipality an application duly executed by such Owner in registerable form and containing such terms as the Municipality's Solicitor, acting reasonably, requires made pursuant to section 118 of the Land Titles Act to restrict the transfer, charge or lease, assignment of lease or sub-lease of a leasehold in one of the Owner's Commercial Lands or any portion thereof without the prior written consent of the Municipality. The Owner or an Assuming Party, as the case may be, shall request the consent of the Municipality by notice in writing given to the Municipality not later than three (3) weeks prior to the date specified in the notice of a proposed transfer, mortgage, charge, lease, assignment of lease or sublease of a leasehold interest, as the case may be. The written consent of the Municipality shall be granted and the Municipality shall notify the Land Registry Office of that fact prior to the date of the proposed transfer, mortgage, charge, lease, assignment or sub-lease of a leasehold interest, as the case may be, provided that (i) the provisions of paragraph 19(a) are satisfied, and (ii) any necessary Assumption Agreement has been made by the proposed transferee, mortgagee, chargee, lessee, assignee or sub-lessee, as the case may be. I I I I I I I I I I I I I I I I I I I - 14 - (c) On the deposit with the Municipality of the Performance Guarantees required in paragraphs 7 or 8 and 9, whichever is(are) applicable, paragraphs 19(a) and 19(b) shall terminate and have no further force or effect and the Municipality shall cooperate with and execute any necessary documents prepared by the Owners in their application to expunge the Notice under section 118 of the Lands Titles Act from the title to the Owners' respective lands. Any necessary reference plan of surveyor amendment thereto required to accomplish this end shall be prepared and deposited on title at the cost of the Owner or an Assuming Party, as the case may be. NOTICE 20. If any notice or other document is required to be or may be given by the Municipality or by any official of the Municipality to the Owners by this Agreement, or by an Owner to the Municipality, such notice shall be transmitted by telefax, mailed by first class prepaid post or delivered to: The Owners: Players-West Diamond: c/o West Diamond Properties Inc. 30 Floral Parkway Concord, ON L4K 4R1 Attention: Mr. Robert DeGasperis and: c/o Players Business Park Ltd. 1700 Langstaff Road Suite 2003 Concord, ON L4K 3S3 Attention: Mr. Bruce Fischer and: Halloway: Halloway Holdings Limited. 177 Nonquon Road 20th Floor Oshawa, ON LlG 3S2 I I I I I I I I I I I I I I I I I I I - 15 - OR, To the Municipality: The Municipality of Cia ring ton 40 Temperance Street Bowmanville, ON LlC 3A6 Attention: Director of Planning Services Fax: 905-623-0830 or such other telefax number or address of which either party has notified the other party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out above, then such notice shall be sent by an alternate means of transportation which may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. FORCE MAJEURE 21. "Force Majeure" means any delay for the duration of the delay which is imposed by reason of strikes, lockouts, riots, wars or acts of military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil commotion, fire or explosion; flood, wind, water, earthquake or other casualty, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of the Owners, none of which has been caused by the deliberate default or act or omission by such party and none of which has been avoidable by the exercise of reasonable effort or foresight by such party. The Owners shall notify the Municipality of the commencement, duration and consequence (so far as the same is within the knowledge of the Owners) of any Force Majeure I I I I I I I I I I I I I I I I I I I - 16 - affecting the performance of any of its obligations hereunder within thirty (30) days of such knowledge. UNWINDING OR TERMINATION OF AGREEMENT 22. (a) If both the Principles of Understanding dated March 1, 2006 between Players- West Diamond, 1613881 and the Municipality and the Principles of Understanding also dated March 1,2006 between Halloway and the Municipality unwind or terminate as provided therein, save for the provisions of this paragraph 22, this Stevens Road Extension Agreement shall unwind and shall have no further effect on the day on which the latest of such Principles of Understanding to unwind or to terminate, unwinds or terminates. If this Agreement unwinds, no later than sixty (60) days after the date on which this Stevens Road Extension Agreement unwinds, the Performance Guarantees provided to the Municipality to the extent that they have not been used in accordance with this Agreement will be returned without interest by the Municipality to the party who paid them to the Municipality. (b) If one only but not both of the Principles of Understanding between Players, West Diamond, 1613881 and the Municipality and the Principles of Understanding between Halloway and the Municipality unwinds or terminates pursuant to its provisions: (i) the provisions of this Stevens Road Extension Agreement shall continue to apply, save that all references to and to the duties of the party to the Principles of Understanding which has unwound or terminated shall be deemed to be references to the party to the Principles of Understanding that has not unwound or terminated and remains in effect. All necessary changes to this Stevens Road Agreement shall be deemed to have been made in order to give effect to the intent of this paragraph 22(b)(i); and (ii) the Owner respecting whose Principles of Understanding with the Municipality have not unwound or terminated, shall be responsible to pay I I I I I I I I I I I I I I I I I I I - 17 - for the costs of constructing the Rural Profile Works pursuant to paragraphs 8, 10 andll, and on payment of the Performance Guarantee to the Municipality as provided in paragraphs 8 and 10 and any amount required to be paid to the Municipality pursuant to paragraph 11, that Owner shall be deemed to be released from its duty to pay an amount equal to one-halfthe cost of the Urban Profile Works. (c) If an Owner's Principles of Understanding has unwound or terminated, the Municipality shall execute at that Owner's request such documents prepared by the Owner as are necessary to remove the registration of this 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. (d) For the purposes of this paragraph 22, the Players-West Diamond Principles of Understanding shall be deemed to have terminated upon the delivery by Players- West Diamond or the Municipality of a notice of termination in accordance with the provisions of paragraph 23(a) of the Players-West Diamond Principles of Understanding, and the Halloway Principles of Understanding shall be deemed to have terminated upon the delivery by Halloway or the Municipality of a notice of termination in accordance with the provisions of paragraph 22(a) of the Halloway Principles of Understanding. REGISTRATION 23. The parties hereto other than the Municipality consent to the registration of a Notice of this Agreement as a charge against the title to the Owners' Commercial Lands. Forthwith after an Owner has satisfied its obligations pursuant to this Agreement, the Municipality shall execute at the Owner's written request, such documents prepared by that Owner as are necessary to remove the registration of this Agreement or Notice thereof from title to that Owner's Commercial Lands. I. I I I I I I I I I I I I I I I I I I - 18- TERMINATION OF AGREEMENT 24. Without derogating from paragraph 22 and except paragraphs 11 and 15 which shall survive its termination under this paragraph 24, this Agreement shall terminate on the day on which written notice that the Stevens Road Extension has been Completed is given by the Municipality's Director of Engineering Services pursuant to paragraph 11. Without derogating from the provisions of paragraph 23, forthwith thereafter the Municipality shall execute at the Owner's written request, such documents prepared by that Owner as are necessary to remove the registration of this 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. TIME OF THE ESSENCE 25. Time is of the essence of this Agreement. AUTHORITY OF MUNICIPALITY 26. Players, West Diamond and Halloway acknowledge and agree that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and fully enforceable by the parties, and that this Agreement is executed by the Municipality in reliance on the acknowledgement and agreement of Players, West Diamond and Halloway as aforesaid. STATUS STATEMENT 27. Within ten (10) days of receiving a written request from any Owner, the Municipality shall provide a written statement either confirming that the requesting Owner is in good standing and not in default of any provisions of this Agreement, or setting out the manner and extent to which such requesting Owner is in default. The statement shall also I I I I I I I I I I I I I I I I I I I - 19 - confirm the total amounts of the Performance Guarantee and payments that have been made by the requesting Owner to the Municipality pursuant to this Agreement. FURTHER ASSURANCES 28. The parties hereby covenant and agree to forthwith execute and provide all further documents, instruments and assurances as may be necessary or required in order to carry out (and give effect to) the true intent of this Agreement, and to effect the registration against and release from title to the lands subject to this Agreement of such notices or other instruments in accordance with the provisions of this Agreement. ENUREMENT 29. This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. COUNTERPART EXECUTION 30. This Agreement may be executed in counterparts. I I I I I I I I I I I I I I I I I I I ., - 20- 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 of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON WEST DIAMO 'cipaJ Clerk / PERTIES INC. Name: Name: Title: Title: Name: Name: Title: Title: NGS'i:m. L-, M 11 t; )) v ,,;(~ J I I I I I I I I I I I I I I I I I I I SCHEDULE "A" Developer-Funded Section of Steven Roads Extension - Urban Profile The term "Urban Profile" means the following: Roads and Storm Sewers 1. Site Preparation 2. Earth Excavation (1m depth) 3. Granular 'A' (150mm) 4. Granular 'B' (450mm) 5. 40mm HL3 6. 80mm HL8 7. Curb and Gutter 8. Subdrain 9. Storm Sewer Pipe 10. Catch Basins II. Catch Basin Leads 12. Storm Sewer Manholes 13. Contingencies 14. Design 15. Contract Administration Streetscape 1. Decorative Street Lights 2. Concrete Sidewalk 3. Concrete Sidewalk (2.0m Width) 4. Topsoil 5. Trees 6. Contingencies 7. Design 8. Contract Administration I. I I I I I I I I I I I I I I I I I I SCHEDULE "B" Developer-Funded Section of Stevens Road Extension - Rural Profile The term "Rural Profile" means the following: Roads and Storm Sewers 1. Site Preparation 2. Earth Excavation (1m depth) 3. Granular 'A' (150mm) 4. Granular 'B' (450mm) 5. 40mm HL3 6. 80mm HL8 7. Storm Sewer Pipe 8. Catch Basins 9. Catch Basin Leads 10. Storm Sewer Manholes 11. Contingencies 12. Design 13. Contract Administration Streets cape 1. Decorative Street Lights 2. Topsoil and Sod 3. Contingencies 4. Design 5. Contract Administration I I I I I I I I I I I I I I I I I I I SCHEDULE "C" Urban Profile Works Cost Estimate and Rural Profile Works Cost Estimate (Attached) I I I I I I I I I I I I I I I I I I I I ! I wi 1-1 <(' , :!! l I l- I rJ'J 1<( ~I J~~' 01<( i= 1-0:::0 Cl!zW :?::WrJ'J 0:::00 ~Z<( 0_0 1<( 0::: u.':a: Z 01-1<( >- (1)'10 I- W10::: ::i S:::J ' :IW z I' _..JO 01..J - _>(1) Z!Z Z ::J<(W :a::a:t< s:W 00 10<( o 0::: II) Z W > W I- 1rJ'J I I i I CD ~ :::l o rJ'J CI .5 'tl c :::l LL . Cloll .5 c 'tl .- :::l E fIl (j'tlCD C <( .- __u _ u C fIl .s CD o c CI o 0 .5 CD 0- .. c - - 0 CD cO :2.2' .. fIl CD CD ll..0 'tl:5 '" CI- o c E 0::: CD- ..J c o +:i Q. .;: u fIl CD o .. C Gl .2 0.- o :::l -..Q Gl .- >.l:l CD c o 0 o c o - CI' c~ .;: 0 ..!!! o - - '" fIl - 0 {!.O "'- U fIl J!l 0 GlO CD ~ 8 E .. o - II) c o Gl- ..eCl _ c C) ".: c..!!! 00 'iG 0 'tl- ",'tl o '" 0::: 0 fila: c c Gl Gl > Gl CD ... -Cl ~ E o 0 c-= ~s: uO'tl 2" I- - Cl '" fIl _ > C ... Gl 0'- - u Ui :::l Gl .- 0 O:::~lD CD C') ..- CD (J) LO <oft , I I , 10 II'- I~, I I ~I (I)' <oft I o CD ..- ..- <oft : !co I~ ~ 10 c: o - Cl c: 'c Cll o o - "'C 0::: c: Q) ~ (.9 I CD C') ..- CD C>> L() <oft I I , I I .l9 o I- 'tl C f! Cl I i I I i i I : I. I I I I I I I I I I I I I I I I I I I I I ! I 21-Sep-05 MUNICIPALITY OF CLARINGTON BOWMANVILLE WEST MAIN CENTRAL AREA -r UNIT COST PER METRE TO CONSTRUCT STEVENS ROAD 9.5m WIDTH URBAN SECTION I item Spec. Description of Item Estimated Unit Unit Price Total No. No. Q uantitv ROADS & STORM SEWERS - 1. SITE PREPARATION ---- ---- -.-- $10.00 2. o EARTH EXCAVATION (1m depth) 10.90 CU.M. 8.00 $87.20 3. GRANULAR 'A' (150mm) 3.76 T 18.00 $67.72 4. GRANULAR 'B' (450mm) 11.87 T 12.00 $142.44 5. o 40mm HL3 1.02 T 65.00 $66.57 . 6. 80mm HL8 2.05 T 57.00 $116.75 7. CURB & GUTTER 2.00 M 45.00 $90.00 8. SUBDRAIN 2.00 M 10.00 $20.00 . 9. STORM SEWER PIPE 0.67 M 200.00 $134.00 10. CATCH BASINS 0.03 EA 1800.00 $48.24 11. CATCH BASINS LEADS 0.13 M 125.00 $15.91 12. STORM SEWER MANHOLES 0.02 EA 4000.00 $67.00 . TOTAL ROADS & STORM $865.82 USE $900.00 / Contingencies 10.00% $86.58 Design 7.00% $60.61 Contract Administration 10.00% $86.58 TOTAL ROADS AND STORM $1,099.60 Plus 5% 2006 Cost Estimate $1,160.00 I I I I I I I I I I I I I I I I I I I I I I I I ; 21-Sep-05 I I MUNICIPALITY OF CLARINGTON BOWMANVILLE WEST MAIN CENTRAL AREA STEVENS ROAD STEETSCAPE TREATMENT - TYPE 1 - FULL TREATMENT I I I Item Spec. Description of Item Estimate< Unit Unit Price Total No. No. Quantitv STREETSCAPE - - ~ DECORATIVE STREET LIGHTS 0.03 EA 5000.00 $165.00 2. TREE GUARDS 0.00 EA 400.00 $0.00 3. TREE GRATES 0.00 EA 800.00 $0.00 4. BENCHES 0.00 EA 1200.00 $0.00 5. TRASH RECEPTICALS 0.00 EA 800.00 $0.00 6: BIKE RACKS 0.00 EA 400.00 $0.00 7. SIGNAGE 0.00 L.S. ---- $0.00 . 8. CONCRETE SIDEWALK . 2.00 M2 45.00 $90.00 9. PRECAST PAVERS (PEDESTRIAN) 0.00 M2 85.00 $0.00 10. PRECAST PAVERS (VEHICULAR) 0.00 M2 95.00 $0.00 11. CONCRETE SIDEWALK (2.0m WIDT 2.00 M2 45.00 $90.00 . 11. TOPSOIL 1.12 M3 20.00 $22.33 12. TREES 0.17 EA 450.00 $74.35 SODDING 5.50 M2 2.50 $13.75 -- SUB-TOTAL STREETSCAPE CONSTRUCTION $455.43 Contingencies 10.00% $45.54 Design 7.00% $31.88 . Contract Administration 10.00% $45.54 TOTALSTREETSCAPE $578.39 Plus 5% 2006 Cost Estimate $610.00 I '" '" '" ~ v v ~ e v v ~ I ... 0 to. to ell ._ c...... ~ ~ ell o ::l N N _,c (") (") r..l Q) 'iI: <h ... >..... <F> ::l ell e I 0 c 0 V) <..1 01 e 'tI e 0 I e ..... ::l Clej U. e . "i: C '" 13 . I It) It) ctn"iil;) 0> <F> W O)cP...O .- 0 <..1 ~ '- r..l I III e I- ell ell ~ C '" j:: DIe CIl CI V) c;: 0. 0> W .- c C'lS N I "Ou- <F> I- .a<..1J!l~ <(V) r..lO/lell<..1 wO .E ell 0::<..1 ..... e ... III .- .... I <(Z oEV) Z....IO <..1't1 ..... It) O<(j:: Q<('tI1Il to 1-0::<..1 ......co to Cll-w Q)~C'lSO <F> ZZV) ~cCllE J: I D:wC '" ... 0 "i ... f- <(<..1<( Q <..1 0 0 i ....I!!!:O Q. o::(ij <..1<(0:: ~ B. I LL~....I ~ Ol-~ ..c to '" 'tI.._ ~., " ~ff3:J "'OlE (") ~ o e_ m :J;:O:: O::CIl 0 ....I . <(wz > I $ !!:....IO '9 <..1....1- ~ m -V) m ->z . 0 zzw D:: .~ :J<(I- ~ Sl I ~~>< 01 '" ~~ c 0 :;:l . E III ~ .)( u m<( 0 ~ ell 0 I eIl'tl ~ ::; V) .c ... 0 ..... '" Z 01> <: 0- W e~ 1- > o ::l :5 I w e - 0 ~ "'- I- 0 'tIm E V) :;:: '" e . 0. E .;:: o 0 ~ ~ 0::..... u r..l 0 I CIl CIl g' ii5 0 ell e .- ~ C CIl ... c ;;; >.!!! 0 <; .a <..1 c, u C '" V) 0 . 'C ~ I -..... co 0 " O'tl U . e III '" o 0 0 "0 ..... 0 ;0::: ~ 'tI iii . I r..l e a:: '0 1': ::l CIl . J:; ~ c l- E ~ l!!Cl Q) 'tI u ~ 0 0 E e ~ r..l (9 III () I ell 0 .. O::~ Cl I I 21-Sep-05 MUNICIPALITY OF CLARINGTON BOWMANVILLE WEST MAIN CENTRAL AREA I UNIT COST PER METRE TO CONSTRUCT STEVENS ROAD RURAL ROAD SECTION Spec. Description of Item Estimated Unit Unit Price Total No. Quantity I ROADS & STORM SEWERS 1. SITE PREPARATION $10.00 o EARTH EXCAVATION (1m depth) 10.90 CU.M. 8.00 $87.20 GRANULAR 'A' (150mm) 3.76 T 18.00 $67.72 GRANULAR 'B' (450mm) 11.87 T 12.00 $142.44 o 40mm HL3 1.02 T 65.00 $66.57 80mm HL8 0.75 T 57.00 $43.01 CURB & GUTTER 0.00 M 45.00 $0.00 SUBDRAIN 0.00 M 1.00 $0.00 STORM SEWER PIPE 0.20 M 200.00 $40.00 CATCH BASINS 0.01 EA 1800.00 $14.40 1. CATCH BASINS LEADS 0.04 M 125.00 $4.75 12. STORM SEWER MANHOLES 0.01 EA 4000.00 $20.00 3. AUXILARY LANES AT INTERSECTI 0.00 M 225.00 $0.00 TOTAL ROADS & STORM $496.09 USE $500.00 Contingencies Design Contract Administration TOTAL ROADS AND STORM 10.00% 7.00% 10.00% $49.61 $34.73 $49.61 $630.03 $665.00 Plus 5% 2006 Cost Estimate I I I 21-Sep-05 MUNICIPALITY OF CLARINGTON BOWMANVILLE WEST MAIN CENTRAL AREA I STEVENS ROAD STEETSCAPE TREATMENT - RURAL ROAD SECTION Spec. Description of Item Estimated Unit Unit Price Total No. Quantity STREETSCAPE DECORATIVE STREET LIGHTS 0.03 EA 5000.00 $165,00 TREE GUARDS 0.00 EA 400.00 $0.00 TREE GRATES 0.00 EA 800.00 $0.00 BENCHES 0.00 EA 1200.00 $0,00 - TRASH RECEPTICALS 0.00 EA 800.00 $0.00 BI KE RACKS 0.00 EA 400.00 $0.00 SIGNAGE 0.00 L.S. $0,00 CONCRETE SIDEWALK 0.00 M2 45.00 $0.00 PRECAST PAVERS (PEDESTRIAN) 0.00 ivi2 85.00 $0.00 PRECAST PAVERS (VEHICULAR) 0.00 M2 95.00 $0.00 CONCRETE SIDEWALK (2.0m WIDTH) 0,00 M2 45.00 $0.00 TOPSOIL & SOD 10.00 M2 5.00 $50.00 TREES 0.00 EA 450.00 $0.00 SODDING (See Above) 0.00 M2 2.50 $0.00 SUB-TOTAL STREETSCAPE CONSTRUCTION $215.00 I I Contingencies Design Contract Administration TOTALSTREETSCAPE 10.00% 7.00% 10,00% $21.50 $15,05 $21,50 $273,05 $290,00 Plus 5% 2008 Cost Estimate