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HomeMy WebLinkAboutPDS-044-26Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 11, 2026 Report Number: PDS-044-26 Authored By: Submitted By: Reviewed By: File Number: Report Subject: Jacob Circo, Senior Planner, Development Review Division Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Mary-Anne Dempster, CAO ROPA-2025-0001, COPA-2025-0001, ZBA-2025-0001, S-C-2025-0001, SPA-2025-0001 and SPA-2025-0002 Resolution#: PD-058-26 Applications to amend the Durham Region and Clarington Official Plans, Zoning By-law and a Draft Plan of Subdivision to facilitate 458 residential units on lands added to the Bowmanville Urban Area through the 2024 Durham Region Official Plan. Purpose of Report: The purpose of this report is to provide information to the public and Council regarding privately initiated applications that have been received under the Planning Act. It does not constitute, imply or request any degree of approval. Recommendations: 1.That Report PDS-044-26 and any related communication items, be received for information only; 2.That Staff receive and consider comments from the public review agencies, and Council with respect to the privately initiated Regional Official Plan Amendment, Clarington Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications and continue processing the applications including the preparation of a subsequent recommendation report; and 3.That all interested parties listed in Report PDS-044-26 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-044-26 Report Overview The Municipality is seeking the public’s input on privately initiated privately initiated Durham Region Official Plan Amendment, Clarington Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications at 933 Mearns Avenue in Bowmanville. The proposal seeks to facilitate the development of 458 residential units, which will be separated into three sites (See ). 1. Application Details Owner: Mearns Avenue Limited Partnership Applicant: Batory Planning + Management Proposal: Regional Official Plan Amendment To amend the Official Plan Schedules to remove “2051 Urban Expansion Area” to add the subject lands to the Bowmanville Urban Boundary which includes amendments Maps 1, 2a, 3a, 3e, and 4, and to re -designate the “2051 Urban Expansion Area” lands to “Community Areas” to support the development proposal. Clarington Official Plan Amendment To amend the Official Plan schedules to add the regional Bowmanville 2051 Urban Expansion Area to Bowmanville Urban Boundary. Additionally, to redesignate the subject lands within the regional Bowmanville 2051 Urban Expansion Area from “Prime Agricult ure Area” to “Urban Residential”. Moreover, to amend Map B to extend the “Local Corridor” east along Concession Road 3 to where it intersects with Lambs Road. Zoning By-law Amendment For Site A: • To rezone the subject lands from “Agriculture (A)” to an exception zone within the “Urban Residential Type Three (R3) Zone” to permit street and link townhouses and to an appropriate exception zone to permit semi-detached dwellings. Municipality of Clarington Page 3 Report PDS-044-26 For Site B: • To rezone the subject lands from “Agricultural Exception (A-1)” to an exception zone within the “Urban Residential Type Four (R3) Zone” to permit an apartment building. For Site C: • To rezone the subject lands from “Agricultural Exception (A-1) to an exception zone within the “Urban Residential Type Three (R3) Zone” to permit street, stacked and link townhouses and to an appropriate exception zone to permit semi-detached dwellings. Area: 34.5 hectares Location: 933 Mearns Avenue, Bowmanville. 2. Background 2.1 Pre-consultation meetings were held with internal departments, agencies, and the property owner and their consultants on March 27, 2023, and May 30, 2024. 2.2 Batory Planning + Management, submitted a Clarington Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision and two Site Plan applications on behalf of Mearns Avenue Limited Partnership Inc on January 10, 2025. The applications were deemed complete on February 11, 2025. A Durham Region Official Plan Amendment was submitted on April 10, 2025, and deemed complete on April 10, 2025. 2.3 The proposal seeks to facilitate the development of 458 residential units, which will be separated into three sites, with Site A being within the Bowmanville Urban Boundary in the Clarington Official Plan and Sites B and C being within the Durham Region Official Plan new Bowmanville Urban Boundary that was approved by the Minister of Municipal Affairs and Housing in 2024 (See Figures 1 and 2). Municipality of Clarington Page 4 Report PDS-044-26 2.4 Upon deeming the Planning Act applications complete, three public notice signs were installed on the subject lands, one along each road frontage, and public notices were mailed to area residents on April 16, 2025. A project webpage was also established. 2.5 The Provincial Planning Statement, 2024 (PPS) establishes the policy framework for Settlement Area Boundary Expansions (SABE). Section 2.3 of the PPS permits privately initiated applications for expanding a settlement area boundary which is a change from previous provincial policy that required a municipal comprehensive review since 2005. 2.6 Following the issuance of public notice regarding the deeming complete of the submitted Planning Act applications on April 16, 2025, several members of the public provided feedback. Three inquiries requested additional information about the proposal, and four written submissions expressed opposition to the development. Written submissions in opposition expressed concerns in regard to increased traffic, loss of habitat, servicing capacity and damage to the environment. 3. Land Characteristics and Surrounding Uses 3.1 The subject area is located in Bowmanville and is bounded by Concession Road 3 to the north, Lambs Road to the west, and Mearns Avenue to the east, with portions extending beyond the current Bowmanville Urban Boundary identified in the Clarington Official Plan. Surrounding land uses include farmland and the Soper Creek Subwatershed to the north, agricultural lands to the east, a mix of existing urban residential development, agricultural lands, and the Soper Creek Subwatershed to the south, and existing urban residential subdivisions to the west. 4. Policy and Zoning Analysis 4.1 Staff are reviewing the applications and will prepare a policy analysis that will be included in a future recommendation report. 5. Summary of Background Studies 5.1 The applicant has submitted the required supporting plans and studies which have been circulated to departments and agencies for review and comment. The list of studies and drawings are on the development application webpage at http://www.clarington.net/933MearnsAve and are also available upon request. A summary and analysis of the submitted reports and studies will be provided in a future recommendation report. Municipality of Clarington Page 5 Report PDS-044-26 Figure 1 – Proposed Draft Plan of Subdivision Municipality of Clarington Page 6 Report PDS-044-26 Figure 2 – Subject property in red overlay illustrating lands within the Urban Boundary to the west and those added as part of the new Durham Region Official Plan in black hatch. 6. Public Notice and Submissions 6.1 Public Meeting Notices were mailed to 362 landowners within 300 metres of the subject lands on April 17, 2026. Public Notice was also sent to relevant public agencies and members of Clarington Council. Public meeting signs were installed on the subject lands. Details of the proposed application were also posted on the Municipality’s website, and in the Clarington Connected e-newsletter. 6.2 As of writing this report, Staff have received three public inquiries and requested to be added to the interested parties list. The inquiries primarily related to concerns about increased traffic, environmental impacts, public safety, and requests for copies of the submission materials. Municipality of Clarington Page 7 Report PDS-044-26 6.3 Staff will continue to process any public inquiries received. Comments received at the Statutory Public Meeting will also be considered and included in the recommendation report. 7. Departmental and Agency Comments 7.1 The application was circulated to internal departments and external agencies for review and comments. A list and summary of the agency and internal department comments received, as well as all public comments received, will be included in a subsequent recommendation report. 8. Discussion 8.1 The purpose of the Public Meeting is to present the privately initiated applications for Council and public input. Staff will continue to process the applications; work closely with the applicant to address comments; and provide a future recommendation report for consideration by Council. 8.2 The proposal seeks to facilitate the development of a total of 458 residential units distributed across three distinct sites. Site A, located on the west side of the property and within the Bowmanville Urban Boundary, is p roposed to accommodate 215 link townhouses, 52 street townhouses, and 18 semi-detached dwelling units. A stormwater management pond (Block 61) is also proposed at the northeast corner of this site. Site's B and C are situated outside of the Bowmanville Urb an Boundary and are situated within the 2024 Durham Region Official Plan's 2051 Urban Expansion Area. Site B, situated on the northeastern portion of the property, is proposed to include a 90 -unit apartment building accessed via a private lane. Site C, located southeast of Site B, is proposed to contain 81 townhouses and 2 semi-detached dwelling units, along with a stormwater management pond (Block 60) at the southeast corner of the site. 8.3 The purpose of the Public Meeting is to present the proposed applications to Council and the public for feedback and to identify issues or opportunities that should be considered. Staff will continue to process the application, work closely with the applicant to address comments, and provide a future recommendation report for consideration by Council. 9. Conclusion 9.1 The purpose of this report is to provide background information and obtain comments on the submitted applications for a Regional Official Plan Amendment, Clarington Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision for the proposed development at the Statutory Public Meeting under the Planning Act. Staff will continue to review and process the applications, including consideration of department, agency and public f eedback and will prepare a subsequent recommendation report for Council’s consideration. Comments received at this public meeting will be considered and included in the final recommendation report. Municipality of Clarington Page 8 Report PDS-044-26 Staff Contact: Jacob Circo, Senior Planner, Jcirco@clarington.net . Attachments: Attachment 1 – Draft Regional Official Plan Amendment and Clarington Official Plan Amendment Submitted by Applicant Attachment 2 – Draft Zoning By-law Amendment by Applicant Attachment 3 – Draft Plan of Subdivision Submitted by Applicant Interested Parties: List of Interested Parties available from Department. DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 1 AMENDMENT NUMBER XX TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF CLARINGTON Part of Lot 7 & 8, Concession 2 933 Mearns Avenue Municipality of Clarington (Town File: XXXX) Draft Prepared By: Batory Urban Planning and Project Management Attachment 1 to Report PDS-044-26 DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 2 AMENDMENT NUMBER XX TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF CLARINGTON PART 1 THE PREAMBLE, does not constitute part of this Amendment PART 2 THE AMENDMENT, consisting of the following text constitutes Amendment No. XX to the Official Plan of the Municipality of Clarington DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 3 PART 1: THE PREAMBLE THE TITLE This amendment, being an amendment to the Official Plan of the Municipality of Clarington shall be known as: Amendment No. XX To the Official Plan of the Municipality of Clarington 933 Mearns Avenue (Part of Lot 7 & 8, Concession 2) (Municipality of Clarington) PURPOSE OF THE AMENDMENT The purpose of this amendment is to permit the development of the lands known municipally as 933 Mearns Avenue, with a residential development consisting of a total of 472 residential units, and includes 372 townhouse units, 10 semi-detached units, and 90 apartment units. LOCATION OF THE AMENDMENT The subject property is located on the east side of Mearns Avenue, south of Concession Road 3, with an area of approximately 107,307.45 square metres (26.5 acres). The lands are legally described as Part of Lot 7 & 8, Concession 2, Municipality of Clarington, Region of Durham and are municipally known as 933 Mearns Avenue. BASIS OF THE AMENDMENT Provincial Policy establishes the foundation for regulating the development and use of land to sustain healthy, liveable and safe communities, including accommodating an appropriate range and mix of residential, employment, institutional, recreation, park and open space, and other uses to meet long term needs. The focus of growth and development, including residential and employment intensification shall be directed to settlement areas where infrastructure and public amenities are available. Residential intensification includes infill development, the development of vacant or underutilized lots within previously developed areas, and the conversion and expansion of existing residential buildings to create new residential units for and/or employment uses. The type and scale of development, which should be more compact, and transition of built form to adjacent areas must also be considered. The subject lands are partially located within the Urban Area within the Town of Clarington Official Plan, and are to be included as a Settlement Expansion Area as per the policies of 2.3.2 of the PPS, 2024, as proposed by this Amendment. The proposed amendment to permit the development of an underutilized site with a residential townhouse and apartment development, containing a range of unit sizes, designed within its surrounding context and transition appropriately to adjacent areas. The proposed development is located in an area with good access to active transportation infrastructure and will contribute to the achieving both the overall housing targets, and the targeted form of growth, established in Provincial, Regional, and Local policy. DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 4 PART 2: THE AMENDMENT All of this document, entitled Part 2: THE AMENDMENT consisting of the following text constitutes Amendment No. XX to the Municipality of Clarington Official Plan. DETAILS OF THE AMENDMENT The Municipality of Clarington Official Plan is hereby amended by Official Plan Amendment No. XX, pursuant to Sections 17 and 21 of the Planning Act, as amended, as follows: (*Note: Bold text represents an addition and text with a strikethrough represents deleted text.) 1.0 Map Changes Region of Durham 1.1 Map 1, Regional Structure – To add the Subject Lands to the “Urban Area Boundary” and remove the “2051 Urban Expansion Areas” Overlay letting the base designation of “Community Areas” be unlocked. 1.2 Map 2a, Regional Natural Heritage System – To remove the “2051 Urban Expansion Areas” Overlay letting the base designation of “Urban Area” be unlocked. 1.3 Maps 3a to 3e, Transportation System – To remove the “2051 Urban Expansion Areas” Overlay letting the base designation of “Urban Area” be unlocked. 1.4 Map 4, Aggregate Resources - remove the “2051 Urban Expansion Areas” Overlay letting the base designation of “Urban Area” be unlocked. Clarington 1.5 Map A1 Land Use West Clarington Rural Area - To add the Subject Lands to the “Urban” Area and remove the Subject Lands from the “Prime Agricultural Area”. 1.6 Map A3 Land Use Bowmanville Urban Area - To add the Subject Lands to the “Urban Boundary” and redesignate the lands outside the “Environmental Protection Area” as “Urban Residential”. 1.7 Map B - To add the Subject Lands to the “Urban Boundary” and extend the “Local Corridor” east along Concession Road 3 to where it intersects with Lambs Road. 1.8 Map s C to K - To add the Subject Lands to the “Settlement Area Boundary” and/or “Urban Area”. 2.0 Text Changes DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 5 23.19.1 is amended by adding the following: xx. Notwithstanding any other map in the Municipality of Clarington Official Plan and Envision Durham Regional Official Plan, the Subject Lands shall be located within the “Urban Area”, “Settlement Area Boundary” and “Urban Boundary”. xx. Notwithstanding any other provision in the Municipality of Clarington Official Plan and Envision Durham Regional Official Plan, a maximum height of 7 storeys, and a minimum density of 19 units per hectare shall be permitted on the Subject Lands. DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.XX.2025 BEING A BY-LAW OF THE MUNICIPALITY OF CLARINGTON TO ADOPT AN AMENDMENT TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURSUANT TO SECTION 17 OF THE PLANNING ACT, AS AMENDED, IN RESPECT OF THE LANDS MUNICIPALLY IDENTIFIED AS 933 MEARNS AVENUE, LEGALLY DESCRIBED AS PART OF LOT 7 & 8, CONCESSION 2, MUNICIPALITY OF CLARINGTON IN THE REGIONAL MUNICIPALITY OF DURHAM (FILE NO. XXXXX) The Council of the corporation of the Municipality of Clarington, in accordance with the provisions of Section 17 and 21 of the Planning Act R.S.O. 1990, c. P.13, as amended, hereby enacts as follows: 1. Amendment No. XX to the Official Plan of the Municipality of Clarington, to amend Schedules XXXX of the Municipality of Clarington Official Plan to provide for permission of a residential development consisting of a total of 472 residential units, and includes 372 townhouse units, 10 semi-detached units, and 90 apartment units. at lands located 933 Mearns Avenue and legally described as Part of Lot 13, Concession 2, Municipality of Clarington, consisting of the attached maps and explanatory text, is hereby adopted. 2. Pursuant to Subsection 17(27) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, this Official Plan Amendment comes into effect the day after the last day for filing a notice of appeal, if no appeal is filed pursuant to Subsections 17 (24) and (25). Where one or more appeals have been filed under Subsection 17 (24) or (25) of the said Act, as amended, this Official Plan Amendment comes into effect when all such appeals have been withdrawn or finally disposed of in accordance with the direction of the Ontario Land Tribunal. 3. The Clerk is hereby authorized and directed to make application to the Approval Authority for approval of the aforementioned Amendment Number XX to the Official Plan of the Municipality of Clarington. READ A FIRST, SECOND AND THIRD TIME and FINALLY PASSED this ** day of ********, 2025 ____________________________________Mayor ________________________________Town Clerk DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 7 MAP CHANGES DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 8 DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 9 DRA F T Official Plan Amendment for 933 Mearns Avenue File Number: OPA-XXXX 10 DRA F T A by-law to amend By-law Number 83-63, as amended. WHEREAS pursuant to sections 34 and 36 of the Planning Act, R.S.O. 1990, c.P.13, as amended, the council of a local municipality may pass a zoning by-law; NOW THEREFORE the Council of The Corporation of the Town of Clarington ENACTS as follows: 1. By-law Number 83-63, as amended, being a Town of Clarington Zoning By-law, is amended by adding the following Exceptions: SITE ‘A’: LINK TOWNHOMES Notwithstanding the provisions of Section 14.4, those lands zoned R3-XX on the Schedules to this By-law shall be subject to the following zone regulations: a.Lot Frontage (minimum)4.5m b. Yard Requirements (minimum) a) Interior Side Yard 1.5m b) Exterior Side Yard 3.0m c) Rear Yard 5.5m d) garage to dwelling unit nil e) setback to sight triangle / corner rounding 1.5m c.Lot Coverage (maximum)65 percent d.Landscaped Open Space (minimum)25 percent e.Building Height (maximum)12.75 metres STREET TOWNHOMES Notwithstanding the provisions of Section 14.3, those lands zoned R3-XX on the Schedules to this By-law shall be subject to the following zone regulations: a.Lot Area (minimum) a) Interior 140 square metres b) Exterior 190 square metres b.Lot Frontage (minimum)5.5m b. Yard Requirements (minimum) a) Front Yard (To Private Garage) nil Attachment 2 to Report PDS-044-26 DRA F T b)Exterior Side Yard 3.0m c) Rear Yard 6.0m d) Garage to Dwelling Unit 1.5m e) Setback to Sight Triangle / Corner Rounding 1.5m c.Lot Coverage (maximum)70 percent d.Landscaped Open Space (minimum)19 percent e.Building Height (maximum)12.75 metres SEMI-DETACHED DWELLINGS Notwithstanding Sections 12.2, those lands zoned R3-XX on the Schedules to this By-law shall only be used for semi-detached dwellings, subject to the following: a.Semi-detached shall be permitted as follows (minimum): i)Lot Area 370 square metres ii)Lot Coverage (maximum)50% iii)Rear Yard Setback 5.0m minimum iv)Garage to Dwelling Unit Setback nil SITE ‘B’: APARTMENT BUILDING Notwithstanding Section 15.2, those lands zoned R4-XX on the Schedules to this By-law shall be subject to the following zone regulations: a.Dwelling Units (maximum)90 units b.Landscape Open Space (minimum)22% c.Density (maximum)95 Units Per Hectare d. Yard Requirements (minimum) a) Front Yard Setback 3.0m e.Dwelling Unit Area (minimum) i)One Bedroom Dwelling Unit 40 square metres ii)Two Bedroom Dwelling Unit 60 square metres SITE ‘C’: STREET TOWNHOMES Notwithstanding the provisions of Section 14.3, those lands zoned R3-XX on the Schedules to this By-law shall be subject to the following zone regulations: a.Lot Area (minimum) a) Interior 140 square metres b) Exterior 190 square metres b.Lot Frontage (minimum) DRA F T i)Interior Lot 5.5m ii)Exterior Lot 9.0m b. Yard Requirements (minimum) a) Front Yard (To Private Garage) nil b) Rear Yard 6.0m c) Garage to Dwelling Unit 1.5m e) Setback to Sight Triangle / Corner Rounding 1.5m c.Lot Coverage (maximum)70 percent d.Landscaped Open Space (minimum)19 percent e.Building Height (maximum)12.75 metres LINK TOWNHOMES Notwithstanding the provisions of Section 14.4, those lands zoned R3-XX on the Schedules to this By-law shall be subject to the following zone regulations: a.Lot Frontage (minimum)6.0m b. Yard Requirements (minimum) a) Interior Side Yard 1.5m b) Exterior Side Yard 3.0m c) Rear Yard 6.0m d) garage to dwelling unit nil e) setback to sight triangle / corner rounding 1.5m c.Lot Coverage (maximum)60 percent d.Landscaped Open Space (minimum)25 percent e.Building Height (maximum)12.75 metres f.Building Separation (minimum) i)Separation between buildings or structures and any private driveway, road or lane 5.0 metres ii)Separation between buildings or structures and any public road nil SEMI-DETACHED DWELLINGS Notwithstanding Sections 12.2, those lands zoned R3-XX on the Schedules to this By-law, subject to the following: a.Semi-detached shall be permitted as follows (minimum): i)Lot Area 470 square metres DRA F T ii) Lot Frontage 17.0 m iii) Rear Yard Setback 5.0m minimum iv) Garage to Dwelling Unit Setback nil b. Building Separation (minimum) i) Separation between buildings or structures and any private driveway, road or lane 5.0 metres ii) Separation between buildings or structures and any public road nil STACKED (BACK-TO-BACK) TOWNHOMES Notwithstanding Section 14.1 and 14.4, the lands zoned R3-XX on the attached Schedule “A” in addition to the other uses permitted in “Urban Residential Type Three (R3)” zone shall permit one or more stacked / Back-to-back townhouse dwelling units which shall be subject to the following zone regulations: a. Dwelling Units (maximum) 48 stacked townhouse units b. Lot Area (minimum) nil c. Lot Frontage (minimum) nil d. Lot Coverage (maximum) 71% e. Landscape Open Space 14% f. Front Yard (minimum) 5.0 metres g. Interior Side Yard (minimum) 1.5 metres h. Exterior Side Yard (minimum) 3.0 metres i. Rear Yard (minimum) nil j. Building Height (maximum) 15.0 metres k. Parking Space 2.0 spaces per dwelling unit l. Garage to dwelling unit setback nil m. Setback to sight triangle /corner rounding 1.5m n. Building Separation (minimum) i) Separation between buildings or structures and any private driveway, road or lane 5.0 metres ii) Separation between buildings or structures and any public road nil DRA F T 2. Schedule 3 (Bowmanville) being Schedule “3I" to By-law Number 84-63, as amended, being a Town of Clarington Zoning By-law, is amended by changing thereon from "A" to “R3-XX” and “R4-XX”, the zoning of Part of Lot 7 & 8, Concession 2, in the Town of Clarington. 3. This By-law shall not come into force until Clarington Official Plan Amendment Number ____ is in full force and effect. ENACTED and PASSED this day of , 2025. MAYOR CLERK DRA F T APPENDIX "A" TO BY-LAW NUMBER _______ Explanation of the Purpose and Effect of the By-law The purpose of this By-law is to permit a mix of townhouse uses and apartment units. The "RM3-XX" zone will permit three storey semi-detached dwelling uses, with site specific regulations. The "RM3-XX" zone will permit three storey street townhouse dwelling uses, with site specific regulations. The "RM3-XX" zone will permit three storey link townhouse dwelling uses, with site specific regulations. The "RM3-XX" zone will permit three storey back-to-back townhouse dwelling uses, with site specific regulations. The "RM4-XX" zone will permit a 7-storey apartment dwelling uses, with site specific regulations. Location of Lands Affected The lands are located at the east side of Mearns Avenue, south of Concession Road 3, in the Town of Clarington, as shown on the attached Map designated as Schedule "A". 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