Principles

i

DENNIS C HEFFERON Telephone 416 864-7385

Facsimile 416 864-7404

E-mail dhefferon@hefferonlawca

1

Barrister Solicitor

Royal Bank Plaza South Tower200 Bay Street Suite 2600

PO Box 186TOronto Ontario

MSJ 2J4

BY COURIER

Mr David Crome

Director ofPlanning Services

Municipality of Clarington40 Temperance Street

Bowmanville ON L1C 3A6

Dear David

July 13 2006

u 7 zoos

MUNICIPALITY OF CLARINGTON

Re Principles of Understanding between the Municipality of Claringtonand Halloway Holdings Limited dated March 1 2006

As discussed I enclose herewith one copy ofthe Notice entered on the register pursuantto section 71 of the Land Titles Act as Instrument No DR513890 The Principles are referred to

in the Notice as having been indexed in the land Registry Office as Instrument No WHT658

Yours very truly

JVt

r 1

DCHbg Dennis C Hefferon

Encl

Black I SutherlandrLrBanisters Solicitors TrademarkAgents

Telephone 4163611500

Facsimile 4163611674

Robin Peacocke Direct 4168401339

E-mail reacocke@blacksutherlandcom

DELIVERED BY HAND

June 27 2006

Dennis Hefferon

Barrister and Solicitor

200 Bay Street Suite 2600

South Tower Royal Bank Plaza

Toronto ON MSH 2J4

Dear Sir

Re The Corporation of the Municipality of Clarington and Halloway HoldingsInc -Principles of Understanding Agreement

As requested please find attached Notice under S71 of the Land Titles Act registeredJune 27 2006 as Instrument No DR513890 Please note that the agreement is not

attached to this Notice but is indexed in the Registry Office as No WHT658 and referredto in the Notice

We are also returning an original copy of the Principles of Understanding Agreement for

your file

Yours truly

BLACK SUTHERLAND LLP

Robin Peacocke

Real Estate Law Clerk

rcpencl

130 Adelaide Street West Saite 3425 P0 Box 34 Toronto ON MSH 3P5 Canada

LRO 40 Notice Under 571 Of The Land Titles Act

The applicants hereby applies to the Land Registrar

Properties

P1N 26613 - 0106 LT

Description PT LT 16 CON 1 DARLINGTON PT 12 PL 40R16730 EXCEPT PT 4 PL 40R22125 TNV

RT OVER PT 19 PL 40R1673D UNTIL LAND IS DEDICATED AS A PUBLIC HIGHWAYAS IN DR228538 CLARINGTON REGIONAL MUNICIPALITY OF DURHAM

Address CLARINGTON

PIN 26613- 0107 LT

Description PT LT 16 CON 1 DARLINGTON PTS 14 16 17 PL 40R16730 EXCEPT PTS 1 8 2 PL

40R17612 AND EXCEPT PTS 1 2 3 PL 40R22125 SIT1472476 D497170 SR

EASE OVER PT 1 PL 40R2D458 AS IN DR30209 TNV RT OVER PT 19 PL 40R16730UNTIL LAND IS DEDICATED AS A PUBLIC HIGHWAY AS IN DR228538 CLARINGTONREGIONAL MUNICIPALITY OF DURHAM

Address CLARINGTON

P1N 26613- 0033 LT

Description PT LT 16 CON 1 DARLINGTON PTS 1 2 40R17563 SR N19497 CLARINGTON

Address CLARINGTON

PIN 26613- 0034 LT

Description PT LT 16 CON 1 DARLINGTON AS IN D481374 CLARINGTON

Address CLARINGTON

PIN 26613 - 0035 LT

Description PT LT 16 CON 1 DARLINGTON AS IN D373949 CAARINGTON

Address CLARINGTON

Consideration

Consideration 000

Applicanfs

The notice is based on or affects a valid and existing estate right interest or equity in land

Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON

Address for Service 40 Temperance Street Bowmanville Ontario L1 C 3A6

This document is not authorized under Power of Attorney by this party

yyyy mm dd Page 1 of3

This document is being authorized by a municipal corporation John Mutton -Mayor and Patti L Barrie -Municipal Clerk

Statements

This notice is for an indeterminate period

Schedule See Schedules

This document is supported by evidence which is indexed at the Land Registry Office as index number WHT658

Signed By

Nicholas Timothy Macos

Tel 4163611500

Fax 4163611674

Submitted By

BLACK SUTHERLAND LLP

130 Adelaide Street West Suite acting for Applicants Signed3425 PO Box 34Toronto M5H 3P5

130 Adelaide Street West Suite 3425 PO Box 34

Toronto M5H 3P5

Receipted as DR513890 on 2006 06 27 at 1021

20D6 06 27

2006 06 27

Tel 4163611500

Fax 4163611674

LRO 40 Notice Under571 Of The Land Titles Act

The applicantshereby applies to the Land Registrar

Receipted as DR513890 on 2006 06 27

yyyy mm dd

at 1021

Page 2 of 3

FeesTaxesPayment

Statutory Registration Fee 6000

Tofal Pard 6000

File Number

Applicant Client File Number 7648

Instrument Statement 61 Page 3 of 3

Form 16

Land Titles Act

Application to Register Notice of an Unregistered Estate Right Interest or EquitySection 71 of the Act

T0 THE LAND REGISTRAR FOR THE LAND TITLES DIVISION OF DURHAM No 40

INicholas T Macos am the solicitor for The Corporation of the Municipality of

Clarington

I confirm that the applicant has an unregistered estate right interest or equityin the lands described as

PIN 26613-0106

PIN 26613-0107PIN 26613-0033

PIN 26613-0039

PIN 26613-0035

The lands are registered in the name of Halloway Holdings Limited and I herebyapply under Section 71 of the Land Titles Act for the entry of a Notice in the

register for the said parcels

This notice will be effective for an indeterminate time

The address for service of the applicant is

90 Temperance Street


PRINCIPLES OF UNDERSTANDING

THESE PRINCIPLES OF UNDERSTANDING Principles made as ofthe 15 day of

March 2006

BETWEEN

HALLOWAY HOLDINGS LIMITED

hereinafter called the Owner

OF THE FIRST PART

-and-

THE CORPORATION OF THE


hereinafter called the Municipality

OF THE SECOND PART

WHEREAS

A At its meeting held on March 1 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 Nos 2006-046 and 2006-047 are contained in

ScheduleAhereto

B The Owner is the owner in fee simple of the lands described under PINS 26613-0106

26613-0107 26613-0033 26613-0034 and 26613-0035 for instruments registered in the Land

Registry Office for the Land Titles Division of Durham No 40 Land Registry Office

2

These lands are within the Bowmanville West Town Centre designated by Exhibit B to OPA

44 They are bounded by Highway No 2 to the south Green Road to the west the planned

Stevens Road Extension as shown on Exhibit A to OPA 44 between Durham Road 57 and

Green Road to the north and Clarington Boulevard to the east Owners Commercial Lands

The Owners interest in the lands under PIN 26613-0107 is subject to a lease to The Bank of

Nova Scotia notice of which is registered as Instrument No D545540 A copy of Exhibit Ato

OPA 44 is contained in Schedule B attached hereto

C The Owner has agreed to develop its lands to satisfy the urban design policies ofOPA 44

D A copy of the proposed concept plan for the development of the Owners lands referred

to in Recital B is contained in Schedule Cattached hereto Concept Plan for Development

E Subject to the submission and review of detailed plans and drawings 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-114-06 A copy of Resolution C-

114-06 is contained in Schedule Dattached hereto

F The Stevens Road Extension Agreement dated March 1 2006 has been executed by the

Municipality the Owner Players Business Park Ltd and West Diamond Properties Inc

Stevens Road Extension Agreement In the Stevens Road Extension Agreement the Owner

has agreed 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 The

Municipality has agreed to fund one hundred 100 percent of the cost of constructing the

planned Stevens Road Extension from Regional Road 57 to the west side of Clarington

Boulevard A copy of the Stevens Road Extension Agreement is contained in Schedule E

hereto

G The Owner has applied to the Regional Municipality of Durham Durham Land

Division Committee pursuant to secfion 53 of the Planning Act for its consent to divide the lands

described in Recital B into two ownership units Consideration of the application has been

3

deferred pending Final Approval as hereafter defined of OPA 43 OPA 44 Zoning By-lawAmendment 2006-046 and Zoning By-law Amendment 2006-047 as they apply to the Owners

Commercial Lands Planning Documents The Owner has agreed not to object to the

imposition by the Durham Land Division Committee as one of the conditions of its provisional

consent to the aforesaid division of its lands that aSubdivisionConsentAgreement as hereafter

defined be made by the Owner with the Municipality which contains among other provisions

appropriate provisions to implement the Owners covenants contained in the Stevens Road

Extension Agreement

H The Owner has agreed with the Municipality to submit applications for site plan approval

to the Municipality pursuant to section 41 of the Planning Act for any development proposed on

any portion of the Owners Commercial Lands Plans submitted with the applications shall be

consistent with the Concept Plan for Development except as provided below in these Principles

I The Owner will also require any purchaser mortgagee or long-term lessee from it to

enter into an Assumption Agreement as hereafter defined with the Municipality on the terms

set out below

J The Owner has agreed to construct repair and maintain Private Road C shown on the

Concept Plan for Development including streetscaping improvements on the terms set out below

in these Principles

K The Owner has agreed to grant the Municipality for a nominal consideration an option to

purchase Private Road C including streetscaping improvements exercisable on the terms set out

below in these Principles when the ratio of the Total Floor Area as hereafter defined of

buildings on either of Precincts X orY shown on the Concept Plan for Development exceeds

04times the area ofthe Precinct in which such buildings aze located

L The Owner has agreed with the Municipality that subject to the provisions set out below

in these Principles it will enter into arrangements with Durham concerning matters within

Durhamsresponsibility respecting the urbanization of Highway No 2 between Green Road and

4

Clarington Boulevard including the construction of a traffic control barrier on Highway No 2 all

as required by Durham

M The Owner has agreed to pay to the Municipality the sum of Two Hundred Thousand

20000000 Dollars as consideration for the release by the Municipality of certain contractual

obligations of the Owner to the Municipality respecting the extension of Uptown Avenue

westerly from Clarington Boulevard which are referred to below in these Principles and which

payment is subject to Final Approval ofthe Planning Documents

N The execution of these Principles on behalf of the Municipality of Clarington by the

Mayor and the Municipal Clerk is authorized by By-law 2006-050 passed by the Council ofthe

Municipality at its Special Meeting on March 1 2006

NOW THEREFORE in consideration of the premises herein contained and the sum of

TWO DOLLARS 200 and other good and valuable consideration the receipt whereof byeach of the parties is hereby acknowledged each of the parties hereto covenants and agrees with

the other parties as follows

Recitals

1 Each ofRecitals C to M inclusive and the Schedules hereto are hereby incorporated into

the operative part of these Principles Each of the Recitals shall be construed and giveneffect as covenants contained in these Principles If there is an inconsistency between any

Recital and the following pazagraphs the text of the paragraph shall prevail to resolve the

inconsistency

Unwindine ofPrincinles ofUnderstandine

2 a These Principles shall unwind and have no force or effect if OPA 43 OPA 44Zoning By-law Amendment 2006-046 and 2006-047 as they apply to the Owners

5

Commercial Lands subject only to such modifications andor amendments that

are Permitted Amendments as hereafter defined are not adopted or passed bythe MunicipalitysCouncil on or before March 31 2006

b Ifany one or more appeals are made to the Ontario Municipal Board from the

adoption or passing of the Planning Documents by the MunicipalitysCouncil

and the Final Disposition as hereafter defined of such appealsdoes not result

in the final approval of the Planning Documents subject to only such

modifications andor 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 andor

amendments to any one 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 OwnersCommercial Lands or of

imposing additional obligations on the Owner or

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 andor amendment being proposed or

made the Owner notifies the Municipality in writing that such

modification or amendment is acceptable to it and

ii the term Final Disposition means the latest to occur of

1 the withdrawal of all appeals

6

2 if any appeal is not withdrawn unless an application for leave to

appeal from or judicial review ofthe decision order ofthe Board is

made to the Ontario Divisional Court the issuance of a final order

by the Ontario Municipal Board in respect ofthe 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 ofthe 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

iii For the purposes of these Principles the term Final Approval means the

latest to occurof

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 andor amendments that are

Permitted Amendments

d Irr the event there is any appeal of the Planning Documents to the Ontario

Municipal Board the Owner in its sole discretion may elect not to participate in

the Ontario Municipal Board hearing or any Court proceeding arising therefrom

and on receipt of awritten notice to the Municipality to that effect

i the Owners obligation to pay its share of the Municipalityslegal and

consulting costs under the Indemnity Agreement between the

Municipality Players West Diamond and Halloway dated March 1 2006

a copy of which is contained in ScheduleI hereto shall cease

ii the Owner 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 the

Owner shall indemnify the Municipality against costs that maybe awarded

against the Municipality as aresult ofthe aforesaid election by the Owner

iii the Owner shall make the payment to the Municipality required by

paragraph 8 as if Final Approval of the Planning Documents had been

received provided that the releases referred to in paragraph 8 are given by

the Municipality to the Owner and

iv Subject to the foregoing provisions of clauses2diiand iii which shall

survive the unwinding pursuant to this clause 2div these Principles

shall be deemed to have unwound and have no further force or effect on

the day that the Ownerswritten notice ofits election not to participate in

the Ontario Municipal Board hearing or in any Court proceeding arising

therefrom is given to the Municipality

e 1n the event that there is any appeal of the Planning Documents to the Ontario

Municipal Board and there is no Final Disposition of all such appeals on or before

March 1 2009 the Owner hereby irrevocably consents to the repeal of the

8

Planning 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

Municipalitys Council

f If these Principles unwind pursuant to pazagraphs 2a c d or e the

Municipality will consent to and cooperate with the Owner in expunging any

Notice of them and the Option as hereafter defined referred to in paragraph 7

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 Renuired Before Construction

3 The Owner 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 portion of the

Owners Commercial Lands prior to obtaining the final consent of the Durham Land

Division Committee under section 53 of the PlanningAct or in the event of an appeal to

the Ontario Municipal Board that Boazd the effect of which will be to pernrit the

transfer of the lands shown as Precinct Y on the Concept Plan for Development

Condition to Consent

4 a The Owner will not object to the imposition as a condition of the granting of a

provisional consent to divide referred to in paragraph 3 that a

SubdivisionConsent Agreement be made by it with the Municipality pursuant to

section 5312 of the Planning Act The SubdivisionConsent Agreement shall

show the lands of the Owner divided into Precincts X and Y as shown on the

Concept Plan for Development The SubdivisionConsent Agreement shall

contain provisions respecting among other matters the servicing and grading of

the Owners Commercial Lands which are satisfactory to the Municipalitys

Directors of Planning Services and Engineering Services It shall also contain

provisions respecting the construction of works the maintenance and guarantee of

9

works the approval by the Director of Engineering Services of works cost

estimates and revised works cost estimates and the deposit use and release ofthe

performance guarantee covering the cost of construction ofthe works as required

by the aforesaid Directors It shall provide for the payment to the Municipality bythe Owner of the Owners share of the costs 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 MunicipalitysSolicitor acting reasonablyconsiders to be appropriate in order to protect the Municipalitysinterests

b In these Principles as the context requires the term SubdivisionConsent

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 5125 and 26 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 5312 of the Planning Act A

SubdivisionConsentAgreement in order to implement these Principles shall be in

the Municipalitysthen current standard form when the SubdivisionConsent

Agreement is made

Urbanization of HiehwaV No 2 between Green Road and Clarinnton Boulevard

5 Prior to the granting of a final consent to the Owner to transfer the lands shown as

Precinct Y on the Concept Plan for Development and prior to the granting of site planapproval by the Municipality under section 41 of the Planning Act for the development of

the building on Precinct Y shown on the Concept Plan for Development as a home

improvement store including associated facilities as permitted by Zoning By-lawAmendment 2006-047 the Owner shall enter into an arrangement with Durham to pay

for the cost or aportion ofthe cost ofthe urbanization ofHighway No 2 between the east

side of Crreen Road and the west side of Clarington Boulevard including the construction

ofa traffic control median on Highway No 2 to the satisfaction ofDurham The Owner

to

will not object to the imposition ofa condition to the provisional consent or draft plan of

subdivision referred to in paragraph 4 in order to give effect to the intent of this

paragraph

Construction Renair and Maintenance of Private Road C

6 a The Owner shall construct at its cost Private Road C shown on the Concept Plan

for Development The construction shall include the streetscaping improvementsshown on and shall be in accordance with the Cross-Section Drawings contained

in Schedule Fattached hereto subject to any revisions of the Cross-Section

Drawings that may be set out in an agreement between the Owner and the

Municipality made pursuant to section 41 of the Planning Act The Owner shall

show Private Road C on the first site plan for development of any portion of the

Owners Commercial Lands which the Owner submits for approval under section

41 ofthe Planning Act The Owner will not object to the imposition of acondition

of site plan approval that it enter into an agreement with the Municipalityrequiring the Owner to keep Private Road C in a proper state of repair and to

maintain it in areasonable and proper manner

b Private Road C shall also be shown as Parts 16 17 21 and 22 on Reference Plan

of Survey 40R-24257 The Reference Plan of Survey shall be prepared and

deposited in the Land Registry Office by the Owner at its cost within six 6weeks aer the date of the Principles

Option to Purchase Private Road C

7 a The Owner hereby grants to the Municipality an irrevocable option to purchaseOption Private Road C described as Parts 16 17 21 and 22 on Plan 40R-

24257 for a nominal consideration in fee simple absolute free and clear of allencumbrances and restrictions except Permitted Encumbrances as hereafter

defined provided for in Schedule G The Option shall be exercised by the

11

Municipality giving the Owner or the successor or successors in title of it of the

lands on which such Private Road is located Vendor written notice that it has

been exercised at any time following the day on which the MunicipalitysCouncil acting reasonably determines that the Total Floor Area as hereafter

defined of one or more buildings located on either Precinct X or PrecinctY

shown on the Concept Plan for Development exceeds 04 times the area of the

Precinct in which such buildings are located Option Exercise Day 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 C on the terms and conditions set out in Schedule G attached hereto

including the term that it shall be completed on the day which is the day ofexpiryof the fifteen 15 day period which commences on the Option Exercise DayUpon exercising its option to purchase the Municipality shall operate and

maintain the road as a public road and that access and egress shall not be altered

from that which has at the Option Exercise Day been approved by the

Municipality without the prior written consent of the Owner and the then owner

ofPrecinct Y shown on the Concept Plan for Development

b Ifin the context of considering an application for site plan approval of abuildingon either Precinct X or Precinct Y shown on the Concept Plan for

Development the MunicipalitysDirector 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 Road C that involves

an adjustment being made to the boundaries of any portion ofParts 16 17 21 and

22 on Plan 40R-24257 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 Owner prior to the Municipality granting the

12

required release The transfer to the Municipality ofany lands to be exchanged for

any portion of the alignment of Private Road C shall be in fee simple absolute

free and clear of all encumbrances and restrictions except Permitted

Encumbrances provided for in Schedule G

c For the purpose of these Principles the term Total Floor Area has the same

meaning as it has for the purposes of the MunicipalitysZoning 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 22A1aviwhich is

added to the aforesaid By-law 84-63 by section 2 ofZoning 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

Payment to the Municipality as Consideration for the Release of

ContractualObliations RespectinE the Uptown Avenue Extension

8 On or before the day that is thirty 30 days after the latest to occur of 1 the date of

Final Approval of the Planning Documents to permit the Owners Commercial Lands to

be developed for retail commercial and service uses 2 the removal of the H Holding

symbol from the provisions of Zoning By-law Amendment 2006-047 as it applies to

Precinct Y shown on the Concept Plan for Development and 3 the granting of fmal

site plan approval of a home improvement store building on the aforesaid Precinct Y

the Owner shall pay to the Municipality the sum of Two Hundred Thousand

20000000 Dollars in cash or by negotiable cheque The payment is consideration for

the release by the Municipality of the Owners obligation to dedicate a portion of the

lands referred to in Recital B and to construct thereon at its cost the extension ofUptown

Avenue westerly from Clarington Boulevard The contractual obligations of the Owner

are contained in the Servicing Agreement between the Municipality Willsonia Industries

Limited and Clarington Place Limited dated May 24 1994 as amended by the First

Amending Agreement between the Municipality Clarington Place Limited and Willsonia

Industries Limited and as further amended by the Second Amending Agreement between

13

the Municipality the Owner and Willsonia Industries Limited dated June 13 2003 Boththe Servicing Agreement and the First Amending Agreement are contained in Schedule

G in Instrument No D472409 The Servicing Agreement as aznended by the First

Amending Agreement and the Second Amending Agreement collectively are refereed to

as the Servicing Agreement As Amended A copy of the Second AmendingAgreement is registered in the Land Registry Office as Instrument No DR228472 On

receipt of the aforesaid payment the obligations of the Owner respecting the aforesaid

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

forthwith and in any event no later than thirty 30 days following its request of

documentation from the Owner execute a good and valid release ofthe provisions of the

Servicing Agreement As Amended respecting the dedication and construction of the

aforesaid extension of Uptown Avenue and such other documents prepared by the Owner

as may be required to implement the intent of this sentence Upon the transfer of Precinct

Y with the consent of the Durham Land Division Committee pursuant to paragraph 3

above the Municipality shall prepaze and execute all such documents including without

limitation the passing and registration of any required by-laws to permit the execution

and registration of such documentation as aze required to release the followinginstruments from title to Precinct Y i Instrurent No D472409 as amended byInstrument Nos D540060 and LT970915 and ii Instrument No DR228472 each as it

may be amended and such other documents as maybe required to implement the intent

ofthis sentence The by-laws documentation and other documents shall be registered on

title by the Owner at its cost Prior to releasing the aforesaid Instruments from title to

Precinct Y the Municipality and the Owner shall execute such amendments to the

aforesaid Instruments as the Municipalitys Director of Planning Services acting

reasonably considers to be necessary to preserve the Servicing Agreement as Amended

in their application to lands that are not included within Precinct Y The Owner shall

prepare and deposit on title at its cost a reference plan of survey which shows Precinct

Y The Owner shall pay the Municipality its reasonable costs for legal fees and

disbursements in connection with the implementation of this pazagraph forthwith after

written notice requesting payment is given by the Municipality to the Owner

14

Implementation of Concept Plan for Development Throueh Site Plans

9 a The Owner will prepare or will require successors in title of any part of the

OwnersCommercial Lands to prepare site plans for the development of its lands

that aze consistent with the Concept Plan for Development The Municipality and

the Owner nrevocably authorize the Municipalitys Director of Planning Services

acting reasonably and after prior consultation with the Owner to amend the

Concept Plan for Development if necessary by revising it to respond

appropriately to issues that may be raised by the Owner the Municipalitysstaff

or commenting agencies in reviewing and commenting upon applications for site

plan approval made by the Owner or by an Assuming Owner as hereafter

defined pursuant to section 41 of the Planning Act 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 6

and 7 and Schedule Fof these Principles referable to Private Road C shall be

repeated in each site plan agreementsrequired to be made as a condition of any

site plan approval under section 41 of the Planning Act It is understood and

agreed that the Owner in subsequent submissions as part of the site plan approval

process for buildings other than the proposed home improvement store on

Precinct Y will make its submissions consistent with the Concept Plan for

Development The Municipality will seek to accommodate the needs of tenants or

prospective tenants of the Owner by making decisions that will respect their needs

while making decisions that are consistent with the Concept Plan for

Development The Owner will not ask the Municipality to approve nor will the

Owner refer or appeal any site plan that is not consistent with the Concept Plan

for Development to the Ontario Municipal Boazd provided that on the

implementation ofthis paragraph 9a in respect of either Precinct X or Precinct

Y through the completion of the development thereof in accordance with the

Concept Plan for Development the requirement of this paragraph 9a shall

terminate

is

b The Municipality acknowledges that Drawings A-100 Revision 4 dated January

6 2006 Drawing A30 revised February 27 2006 and Drawing A71 revised

December 20 2005 which show the proposed home improvement store garden

centre associated facilities landscaping parking and elevations are consistent

with the Concept Plan for Development as it applies to PrecinctY shown on it

c The Owner covenants with the Municipality it will require a transferee ofPrecinct

i to build ahome improvement store building on Precinct Y which meets

Leadership in Energy and Environmental Design Green Building RatingSystem version 10 LEED Canada-NC 10 for LEED basic certification

by the Canada Green Building Council CaGBC

ii before requesting the issuance of a building permit for a home

improvement store building on Precinct Y to submit with their

application for abuilding permit

1 proof of registration of the project with the Canada Green BuildingCouncil CaGBC and

2 copies of the LEED registration information and the LEED ProjectChecklistScorecard from the LEEDS Accredited Professional

architect identifying the list of items incorporated in the designconstruction and operation to meet LEED Canada-NC 10

iii to submit copies of all Technical Reviews of the project by CaGBC

including the Preliminary LEED Review and Final LEED Review

forthwith after each Technical Review of the project is made and

16

iv to provide all the architectural enhancements including brick pre-cast

panels and store facings set out in the letter to the Municipalitys MayorJohn Mutton from Brent Clarkson dated July 13 2005 unless otherwise

agreed to by the MunicipalitysDirector of Planning Services a copy ofthis letter is contained in Schedule J attached hereto

provided that on the implementation of this paragraph 9c in respect ofPrecinct

Y through the completion of the development thereof in accordance with the

Concept Plan for Development the requirements of this paragraph 9c shall

temvnate

Release ofCertain Reserves

10 Subject to compliance with the Municipal Act 2001 the Municipality hereby covenants

and agrees with the Owner that without fettering it in the exercise of its legislativediscretion it is the intention of the parties that not later than thirty 30 days after the date

of Final Approval of the Planning Documents the Municipality shall pass a by-lawauthorizing the transfer by the Municipality to the Owner of the lands described inInstrument Number DR228537 the Reserve Lands The transfer shall be effected not

later than thirty 30 days after the date of Final Approval ofthe Planning Documents but

not sooner than the obligation set out in paragraph 8 hereof has been performed by theOwner and the Municipality shall prepare execute and register such documents as are

required to transfer the Reserve Lands by the Municipality to the Owner for a nominal

consideration in fee simple free and clear of any encumbrances The transfer shall be

duly stamped with the Certificate of Compliance required pursuant to Municipal Act2001 for the transfer of the Reserve Lands as aforesaid The Municipality shall do suchfurther acts and things as may be required in order to transfer the Reserve Lands to theOwner for a nominal consideration as aforesaid The Owner shall pay the Municipalityslegal fees and disbursements not to exceed 30000 The Owner shall pay GST and LandTransfer Tax if any

17

Holdine Provision

11 Pursuant to section 2343of the Municipality of Clarington Official Plan and section1723of the Bowmanville West Town Centre Secondary Plan the H Holding symbolshave been applied to the Owners Commercial Lands by Zoning By-law Amendment No2006-047 to ensure that the matters referenced in the Municipality ofClarington OfficialPlan and OPA 44 are satisfactorily addressed prior to development of the OwnersCommercial Lands As a result of the parties execution of these Principles and theStevens Road Extension Agreement the Municipalitys adoption of OPA 43 and OPA

44 and enactment of Zoning By-law Amendment 2006-046 and Zoning By-lawAmendment 2006-047 the Municipality acknowledges that

a these contractual and planning documents will ensure achievement of all those

matters set out in section 2343of the Municipalitys Official Plan and section

1723ofOPA 44

b the Concept Plan for Development and the provisions of these Principlesrespecting site plan approval under section 41 of the Planning Act show that theOwner will ensure achievement of all of those matters set out in section 1724aofOPA 44

c the Municipality will be satisfied that appropriate arrangements will be made forall ofthose matters required by section 1724b ofOPA 44

d the following are the only conditions that must be satisfied prior to the removal ofthe 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 5312 of the Planning Act or in the case ofa

plan of subdivision the granting of the approval of the final plan of

18

subdivision having been granted and in either case the conditions referred

to in these Principles having been provided for

ii the execution by the Owner of a SubdivisionConsent Agreementcontaining the terms provided for in these Principles

iii the deposit by the Owner with the Municipality of the Performance

Guarantee required by the Stevens Road Extension Agreement

iv the execution by the proposed transferee ofPrecinct Y and any proposed

transferee mortgagee chargee lessee assignee or sub-lessee ofPrecinct

X andor Y of an Assumption Agreement as hereafter defined with

the Municipality as required by paragraph 16 hereof

v the entering into of arrangements satisfactory to Durham respecting the

urbanization ofHighway No 2 and related works as provided in paragraph5 hereof

vi the registration of Notice of these Principles on title to the Owners

Commercial Lands and

vii the registration of the Option on title to the lands to which it applies and

e without fettering the exercise of its legislative authority the Municipalityacknowledges its present intention subject to Final Approval of the Planning

Documents to amend Zoning By-law Amendment 2006-047 to remove the H

Holding symbol from the zoning of PrecinctY shown on the Concept Plan for

Development as soon as is reasonably practicable after the satisfaction of the last

condition referred to in paragraph 11d to be satisfied is satisfied

19

Notice

12 If any notice or other document is required to be or maybe given by the Municipality or

by any official of the Municipality to the Owner or by the Owner to the Municipality bythese Principles such notice shall be transmitted by telefax mailed by first class prepaidpost or delivered to

To the Owner Halloway Holdings Limited177 Nonquon Road20h floor

Oshawa ON L1G 3S2

OR

To the Municipality The Municipality ofClarington40 Temperance Street

Bowmanville ON L1C 3A6Attention Director of Planning Services

Fax 905-623-0830

or such other address of which the Owner has notified the Municipality in writing Anysuch notice so mailed or delivered shall be deemed good and sufficient notice under theterms of these Principles and shall be effecfive from the date which it is so mailed or

delivered

Actinc Reasonably

13 All discretionary decisions by officials of the Municipality referred to in these Principlesshall be deemed to be qualified by the words acting reasonably

Chances in Number or Gender

14 These Principles shall be read with all changes of gender or number required by thecontext

zo

Successors

15 These Principles shall enure to the benefit of and be binding on the parties hereto andtheir respective successors and assigns

Assumption of Oblieations

16 a The Owner covenants and agrees with the Municipality that it shall be a generaland 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 any one

or more portions of the Owners Commercial Lands or any assignment or

sublease of such a leasable interest with an unexpired term including entitlementto renew of 21 years or more of the whole or any one or more portions of such

lands that each proposed transferee mortgagee chazgee lessee assignee or sub-

lessee as the case may be has entered into an agreement with the Municipalityprior to and conditional on the termination 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 ofwhich such

interest is being acquired save and except those obligations and covenants that

have been discharged by performance to the satisfaction of the Municipality or are

included in a SubdivisionConsent Agreement made pursuant to section 51 or

section 53 of the Planning Act registered against the title to such lands which the

MunicipalitysSolicitor acting reasonably considers to be enforceable againstsuccessors in title to the relevant portion of the Owners Commercial Lands

pursuant to the provisions ofthe Planning Act Where a mortgage charge leaseassignment oflease or sublease of a leasehold interest is given by way of securityfor financing then such mortgagee chazgee lessee assignee or sub-lesseethereunder shall not be bound to assume such of the Owners obligations and

covenants unless and until such mortgagee chazgee lessee assignee or sub-lesseetakes possession or control of the property pursuant to such security Where any

zl

of the obligations and covenants of a party to these Principles other than the

Municipality have been assumed unconditionally by atransferee lessee assigneeor sub-lessee Assuming Party as the case maybe who has acquired all or a

portion of the title to aportion ofthe OwnersCommercial Lands and entered intothe aforesaid Assumption Agreement with the Municipality then the Owner an

Assuming Party or an Assuming Partys 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 AssumingParty proposes to enter into a transaction referred to in this paragraph an

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 beingconsidered to have been made in order to give effect to the penultimate sentence

ofthis paragraph 16a

b Concurrent with the delivery of these Principles by the Owner to the

Municipality it shall deliver to the Municipality an application duly executed byit in registerable form and containing such terms as the MunicipalitysSolicitoracting reasonably requires made pursuant to section 118 of the Land Titles Actto restrict the transfer charge or lease of the Owners Commercial Lands or anyportion thereof without the prior written consent of the Municipality The Owneror 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 3weeks prior to the date specified in the notice of the proposed transfer mortgagecharge 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 ofthe proposed transfer mortgage charge lease assignment of lease or sub-leaseas the case may be provided that i the provisions of paragraph 16a are

satisfied and ii any necessary Assumption Agreement has been made by the

z2

proposed transferee mortgagee chargee lessee assignee or sub-lessee as thecase maybe

c Paragraph 16a shall terminate with respect to the land within either Precinct Xor Precinct Y when development of it to implement the Concept Plan for

Development of the entire Precinct X or the entire Precinct Y as the case

may be is completed Forthwith after each such completion of development of a

Precinct the Municipality shall cooperate with the Owner or an Assuming Partyas the case may be in applying to expunge the Notice under section 118 of theLand Titles Act referred to in paragraph 16b from the title to the relevantPrecinct Any necessary reference plan of survey or amendment thereto requiredto accomplish this end shall be prepared and deposited on title in the LandRegistry Office at the cost of the Owner or Assuming Party as the case maybe

Status Statement

17 Within ten 10 days of receiving a written request from the Owner the Municipalityshall provide a written statement either confirming that the requesting Owner is in goodstanding and not in default of any provisions of this Agreement or setting out the mannerand extent to which such requesting Owner is in default

Withdrawal ofAppeals

18 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 OwnersCommercial Lands being received theOwner will withdraw its appeals to the Ontario Municipal Board under OMB File NoPL040131

23

Authority of Municipality

19 The Owner acknowledges and agrees that the Municipality has authority to enter into

these Principles that every provision hereof is authorized by the law and is fullyenforceable by the parties and that these Principles are executed by the Municipality in

reliance on the acknowledgement and agreement ofthe Owner as aforesaid

Registration ofPrinciples on Title

20 The Owner hereby consents to the registration of a Notice of these Principles as a charge

agreement against the title to the OwnersCommercial Lands The Owner also consents

to the registration of the Option on the title to the lands to which it applies

Payments to the Municipality to Assist BIAS andor

to Implement Community Improvement Plans

21 a On or before the day which is thirty 30 days after the latest to occur of 1 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 developedfor retail commercial and service uses 2 the removal of its H Holding symbolfrom the provisions of Zoning By-law Amendment 2006-047 as they apply to the

OwnersCommercial 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 Owner shall pay the sum ofSeven Thousand

700000 Dollars to the Municipality The Municipality shall deposit such

funds in a reserve account for future disbursement to the boards of management

of any one or more Busifess Improvement Areas in the Municipality to fund

programs or to provide assistance to the Business Improvement Area andor to

fund or to assist in the funding of grant programs to implement the provisions of

Community Improvement Plans applicable to any one or more business centres in

the Municipality as the Council of the Murricipality in its discretion considers to

24

be appropriate The Owner shall make nine 9 additional payments to the

Municipality of Seven Thousand 700000 Dollars each subject to the

adjustments described in paragraph 21b 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 Owner and the Municipality intend that the aggregate ofthe

ten 10 payments will equal Seventy Thousand 7000000 Dollazs plus the

adjustments provided for in pazagraph 21b All payments shall be made in cash

or by negotiable cheque At its sole discretion the Owner may pay the entire sum

of Seventy Thousand 7000000 Dollazs in a single payment on the day on

which the first payment as aforesaid is to be made by the Owner to the

Municipality in which cash pazagraph 21bshall have no application

b The second 2nd and each subsequent payment of Seven Thousand700000

Dollars made pursuant to paragraph 21ashall be adjusted annually commencing

on January ls of the year in which the first payment is to be made by the Owner

to the Municipality by an amount equal to the yeaz-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 ls of the year

in which the first paymenrt is made Each of the nine 9 annual payments to be

made by the Owner to the Municipality on the anniversary ofthe date on which

they are to make the first payment to the Municipality shall be adjusted as

provided for in this paragraph 21b

c Notwithstanding paragraphs 21a and 21b but subject to paragraph 21d the

Owner shall not be required to make any payment to the Municipality pursuant to

paragraphs 21a and 21b 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

any one of such Business Improvement Areas files an appeal or supports an

appeal filed by any other person against any one or more of OPA 43 OPA 44 and

Zoning By-law Amendments 2006-046 and 2006-047 as they apply to the

25

Owners Commercial Lands and such appeal andor support of such other

persons 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 is established

d 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 any one or more of

OPA 43 OPA 44 and Zoning By-law Amendments 2006-046 and 2006-047 as

they apply to the Owners Commercial Lands and if any such appeal andor

support of such other persons 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 is established the Owner shall pay to the

Municipality a total of five 5 payments of Fourteen Thousand 1400000

Dollars each subject to adjustments provided for in paragraph 21btotaling in

the aggregate Seventy Thousand7000000 Dollars subject to adjustments for

the purposes set out in paragraph 21a The first payment shall be made at the

time specified in paragraph 21a for making the first 1St payment under that

paragraph The remaining four 4 annual payments of Fourteen Thousand

1400000 Dollars each shall be made on the four 4 subsequent anniversaries

of the date on which the frst 1St payment is to be made At its sole discretion

the Owner may pay the entire sum of Seventy Thousand7000000 Dollars in a

single payment on the day on which the first payment as aforesaid is to be made

by the Owner to the Municipality The provisions ofparagraph 21a and 21b

shall apply with all necesAary changes being deemed to have been made to give

effect to the intent of this paragraph 21d For clarity payment under this

paragraph 21d fully satisfies the duty of the Owner to make payments under

paragraph 21a and payment under pazagraph 21afully satisfies the duty ofthe

Owner to make payments under this paragraph 21d

26

Termination After Final Approval

22 a In the event that the Owner has not received approval of a draft plan of

subdivision or aconsent to divide the Owners Commercial Lands as provided for

in paragraph 3 and has not commenced construction of a building thereon

contrary to paragraph 3 art any time within a period of three 3 years from the

date of Final Approval of the Planning Documents the Owner may give the

Municipality written notice that it has elected to terminate the provisions of these

Principles except those provisions that are referred to in paragraph 22c if the

Owner has 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 Owner has not commenced construction

of a building in accordance with pazagraph 3 hereof the Municipality may give

the Owner written notice that it has elected to terminate the provisions of these

Principles except those provisions that are referred to in paragraph 22c The

notice of termination shall be effective on the date on which it is given to the

Municipality or to the Owrier as the case maybe

b If notice of termination is given pursuant to paragraph 22awithout fettering the

MunicipalitysCouncil in the exercise of its legislative discretion the parties state

their present intention to be that the Municipality will repeal the Planning

Docurents within six 6 months thereafter The Owner will not object to the

Municipality repealing the Planning Documents in whole or in part and will not

object to the Municipality adopting or passing an Official Plan Amendment and

Zoning By-law Amendment applicable to the Owners Commercial Lands in the

same terms as those that were in effect immediately prior to the Final Approval of

the Planning Documents except that the Official Plan Amendment shall provide

for Street C and the Uptown Extension as public streets in the locations shown on

the map contained in Schedule L attached hereto unless the Owner has made

the payment provided for in paragraph 8 in which case the Uptown Extension

shall not be shown as apublic street

27

c The provisions of these Principles that will not terminate if a notice of election to

terminate is given under paragraph 22a are the following

Parasraphs and Schedules

8

19 21 22 23 24 25 26 and

ScheduleL

Expungement of Principles From Title After Satisfaction

23 Without derogating from the provisions of paragraph 2 of these Principles forthwith after

the last of the provisions of these Principles to be satisfied has been satisfied the

Municipality will consent to and co-operate with the Owner in expunging the Principles

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

expunged in accordance with paragraph 16c 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 7a7b and 7c and ScheduleG continues to be registered on the

title to the lands which comprise Private Road C if they have not been transferred to the

Municipality and the payment required to be made by the Owner to the Municipality

under paragraph 8 has been made

Further Assurances

24 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 ofthese presents 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 ofthis Agreement

zs

Time of Essence

25 Time shall in all respects be of the essence ofthese Principles

Enurement

26 These Principles shall enure to the benefit of and bind the parties hereto and their

respective successors and assigns

29

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 ANDDELIVERED


MUNICIPYYOF CLARINGTON

In the presence ofJohn

Cleric

HALLO t HOLDINGS LIMITED

NameJ Title

Name Title

SCHEDULEA

Copy ofOPA43 OPA 44 andZonine By-law Amendment Nos 2006-046 and 2006-047

Attached

AMENDMENT IdO43

TO THE CLARINGTON OFFICIAL PLAN

March 1 2006

P-JRPOSETo implement the recommendations of the CommercialP clicyReviewand the Bowmariville West Main CentraLArea Secondary PlanReview Amendment 43amends the Clarington Official Plan the

Bowmanville East Main Central Area Secondary Plan the CourticeSub-Central Area Secondary Plan the Newcastle Village MainCentral Area Secondary Plan and the South-West Courtice Secondary

Plan BASIS

This Amendment isbased on the Clarington Commerciat Policy ReviewFinal Report -Recommended Policy Changes dated May 302005 and the Bowmanville West Main Cenfral Area Secondary PlanReview dated May 30 2005 prepared by Meridian Planning ConsultantsInc the supporting analysis by market urban design andtransportation and engineering sub-consultants and further revievredbymunicipal staff ACTUAL

AMENDMENTThe

Clarington OfficialPlan TheClarington Official Plan ishereby amendedas follows1By addinga new Section429as follows4

29To minimize light pollution from existing and new development2

Byadding anew Section436as follows4

36The Municipality will seek tominimize light pollution byadeveloping lighting standards forall forms ofdevelopment

to ensure community safety while minimizing

negative impacts from lightingb

utilizing appropriate street-lighting andc

retrofitting existing street-lighting luminaries over time3

In Section536by replacing the words Main orSub-Central Areaswith the words Town and Village Centres4

In Section935a

by deleting the number 100 in Sub-sectionaand replacingitwith the number 5001

b by deleting the words is not located on in Sub-section cand replacing them with the words does not have directaccess to

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

inserting it at the end of Sub-section cd by adding the following-new sub-section

- d parking shall be located at the side or rear of thebuilding

5- In Table 9-t by replacing the words Central Areas with thewords Town or Village Centres

-- 6 - Bydeleting-Table 92and-replacing it with a-new Table 9-2 asfollows

Table 2

Housing Targets by Neightwurhoode

Urban AreaN l dh

-

Housing Uruls-

- -

e g hou ioodsy Medlran Figh Intensifiption Tatal

CourSce

N1 Townlentre 0 0 250 10D 350N2 West ShoppingDistrid 0 0 0 350 350N3 Wonlen 1175 125 0 100 1400N4 -Highland 1225 100 D 75

-

1400N5 Glenview 550 535 0 50 1135N6 Hanmdc 850 100 0 25 875N7 Avondale 825 200 0 275 9300N8 EmilyStowe 1475 275 0 550 2300N9 Penfamd 1075 - 75 0 75 1225N10 Darlington - 450 - 25 0 383 858

N71 Bayview 1150 300 125 50 1825N12 Farewell Helghfs -

TOTAL - 8775 1735 375 - 2033 12918

Bowrnanvipe

N1 EaslTown Centre 0 700 225-

275 1200

N2 WestTovm Centre 0 25D 1500 0 1750

N3 Mertwrial 975 -0 250 350 1575N4 Central -425 125 75 75 700N5 Veuant Massey

-

1025 200 0 - 175 1400NB Apple Blossom 1300 225 0 125 1650N7 Elpin 1025 200 50 - - 150 1425N8 Fenwidc 1325 525- D 100 1950N8 Knott 1450 300 175 125 2050N10 NorOtglen 975 250 50 50 1325N11 Brooklutl 1325 350 - 0 75 1750N12 Darlington Green 700 175 D

-

125 1ODDN13 Weslvale 1025 375 275 75 1750Ni4 Waverly 1075 275 50 75 1475N15 PurlDarlington 550 450

-

175 25 1200

2

TOTAL- 13175 4400 2825 1800 22200

NewcastleVitlag9-

-

N7 Vdlape Centre-

0 - 100 50 75 - 225

N2 Graham 1075 100 0 100 1275

N3 FosYr 1450 200 0 125 1775

Pk PortofNewcastle 500 325 250 0 1075

N5 NorthVGIa- 1050 250 0 1350

NB Wdmol 960 - 0 0 0 960

TOTAL 5035 975-

300 350 6660

7 In Section 955c by replacing the words Local Central Areas

with the words Neighbourhood Eentres8 In Chapter 10 by deleting the words Central Areas in the 4itleand replacing them with the words Town Village and

Neghbourhood Centres

9 In Section 1011by deleting the words Central Areas and

replacing themwith the words Town and Village Centres

10 In Section 1012by deleting the words other types of

specialized commercial uses to meet the needs of residents and byreplacing them with the words a full range of choice in goods and

services for local residents and businesses

11 In Section 1013 by deleting the words and direct them toappropriate locations and replacing them wiih the words in an

appropriate manner

12 By adding the following new section

1014 To protect and foster the role of downtowns

13 In Section 1021by deleting the words Main Central Areas

and replacing them with the words Town Centres East and West14 In Section 1022by deleting the words Central Area and

replacing them with the words Town and Village Centre15 In Section 1023

a by deleting the words Central Areas-and replacing themwith the words Town Village Neighbourhood and the Portof Newcastle Harbourfront Centres

b by deleting the word and between the words parks and

walkways and replacing with a commas and

c by addingthewords and building forms and styles that

reflect the character of the commuriity at the end of the

sentence16 In Section 1025by adding the words and auto-oriented

building forms to the end of the sentence

3

17 By adding the following new section

1026 To provide opporturiities for and to encourage futureintensification and infill with new development

18 In Section 103by deleting the words forCentral Areas fromthe sections titte

19 By deleting Section 1031 in its entirety andreplacing it with thefollowing new section1031 Town and Village Ceritres Neighbourhood Centres

- Highway Commercial Districts the Courtice WestShopping District and the Port of Newcastle HarbourfrontCentre are shown on Map A -with population allocationsindicated on Map E

20 By renumbering Section 1032as Section 1045and by makingthe following changes to the renumbered Section 1045

a by deleting the words Central Areas in the first sentenceand replacing them with the words Town and VillageCentres

b in Sub-section c by inserting the words municipalsquares before the words pocket parkettes and byinserting the word- street-related buildings after the wordspocket parkettes

c in Sub-section d by deleting the words CentraLAreas andreplacing them with the words Town and Village Centresand

d by adding the following new sentence at the end of theSection

Urban design principles will be further elaborated throughthe urban design policy for specific Town and VillageCentres as set out in Section 1046of the OfficiaFPlanand Secondary Plans Development shall comply witharea specific urban design guidelines

21 By adding a new Section 1032 as follows

1032 No new Town or Village Centre Shopping District or

Highway Commercial District or expansion to any ofthese Centres or Districts shall be permitted unless

approved as part of the comprehensive review of theOfficial Plan It is the Municipalitys policy to seekadditional development and intensification of theBowmanville East andWestTown Centres priorloconsidering of the expansion of existing Centres orDistricts or designating new Centres or DistrictsNotwithstanding the above new NeighbourhoodCentres

4

maybe designated through a neighbourhood planningprocess

22 By deleting Sections 1033 to Section 1036inclusive

23 By adding a new Section 1033as follows

1033 Applications to amend the Official Plan to expandsignificantly any Town Village or NeighbourhoodCentre Shopping District or Highway CommercialDistrict or to designate any new Neighbourhood Centre

-may require a retail impact study as determined byCouncil 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 independentqualified consultant retained by the Municipality at the

-

-- expenseof-the applicant

24 By addinga new Section 1034as follows

1034 The ongoing health and vitality of Town and VillageCentres in particular the historic downtowns will be

encouraged by

a phasing major retail growth iri accordance with

populationgrowth in Claringtonb municipal investment in public infrastructure

c municipal programs to encourage private sectorinvestment in redevelopment and the restorationand adaptive reuse of historic buildings

d participation inappropriate programs ofsenior levelsof government

e preparation of community improvement plans

f fostering and assisting merchant groups andassociations and

g encouraging joint marketing efforts


1035 Signage is recognized as an integral part ofgoodcommunity design and image It is municipal policythat

a the design and scale of Signage shall complementrather than dominate the landscape

b it shall be incorporated as an integral part ofa

building or site layout wherever possible

5

c it will hot unduly detract from the overall visualattractiveness of the built environmenffor bathpedestrians and motorists and

d it will be designed and located so as not to behazardous for either pedestrians or motorists

More specific guidance regarding signage shall beprovided through urban design policies and the

MunicipalitysSign By-law Special signagerequirements may be defined for the historic

- dournfovcnsandoiher-uniqueareas of the Municipality26 By adding a new Section 1036asfollows

1036 As part of the Municipatitys programof streetscapeimprovements developers or owners of commercialproperties will be encouraged to assist inthecreation ofa high quality public realm throughcontributions tostreet tree planting and street furniture in addition tolandscaping improvements on private lands

27 Section 103Tis renumbered as Section 1046andamended asfollows

a by deleting the words In the review of developmentapplications and replacing with the words In Town orVillage Centres where detailed urban design guidelineshave not been prepared

b by deleting the wordsforCentral Areas and replacingthem with the words of 1045

c by adding the words and punctuation through the reviewand approval of development applications after the wordsshall be implemented

d by deleting from Sub-section c the word and nowbetween the words commercial and residential and byadding the words and community use before the wordsshall be achieved

e in Sub-section d by adding words with particular regard to

screening parking areas visible to the street providingshade for pedestrians and mitigating heatisland effects atthe end of the clause -

f by inserting a new Sub-section f and g as follows

f lighting impacts will be minimized

g energy efficient design and orientation whichmaximizes the use of alternative or renewableenergy such as solar and wind energy and themitigating effects ofvegetation wall be encouragedwherever possible

6

and by renumbering all subsequent Sub-sections of the

renumbered Section 1046accordingly

g in renumbered Sub-section h by adding the words

wherever possible and in all other situations within separatebuildings of similardesign to the principal building on the lotat the end of the clause

h inrenumbered Sub-section i by deleting the word andafter the word unobtrusive and adding the words and

punctuation anticipated noise impacts will be mitigated the

areas will be

-28rrSectiorr104fiydeletingthewords Main Central Areas in

the title and replacing them with the words Town and VillageCentres

2 In Section 1041

a by deleting the words Main Central Areas shall be plannedand in the first sentence and replacing them with the wordsTown and Village Centres shall be

b by deleting thewordsactivities within the Municipality and

replacing them with the words activity in each communitywith the Town Centres

c- by deleting the words They shall in the second sentenceand replacing them with the words Town and ViflageCentres will

30 By deleting Section 1042 in its entirety and by replacing it with

a new Section 1042as follows

1042 Each Town and Village Centre will have a distinct

character and function generally in accordance with the

fallowing

a Town Centres will be larger in scale provide goodsand services for a large segment of Claringtonspopulation and will develop with ahigher overall

density than Village Centres

b Bowmanville Town Centres East and West will be

planned and developed as a centre of regionalsignificance providing the highest level of retail and

service uses and shall be the primary focal point of

cultural community recreational and institutional

-uses in Claringtonc tillage Centres will be smaller in scale be

developed at similar densities as the historicdowntowns and shall serve primarily local needs for

goods and services and

7

d Town and Village Centres will maintain and enhancethe historic character of each coinmunity

31 By adding a new Section 1043as follovrs

1043 The Municipality will seek to achieve the followingtargets for Town and Village Centres

The maximum floor space index shown in Table 101 is themaximum floor space permitted on a net development parcel

32 By deleting Section 1044 in its entirety and by replacing it withthe following newSection 1044

1044 Town arid Village Centres-shall be comprehensivelydeveloped in accordance withSecondary Planswhichshall encourage and provide for

a residential andormixed use developments in orderto achieve higher densities and reinforce theobjective of achieving a diverse mix of land uses

b redevelopment and intensification with awide arrayof uses within the Town or Village Centre and

c other uses that are complementary to the intendedcommercial functions

33 By addinga new Section 1047 as follows

1047 Drive-through facilities are not desirable in Town aridVillage Centres Drive-through facilities will beprohibited in certain areas and appropriately regulated inother areas to minimize impacts on roads and thepedestrian environment to ensure compatibility withadjacent uses and to achieve the built-form objectives ofthis Plan and the Secondary Plans The followingpolicies shall apply to the development ofdrive-throughfacilities where they are permitted

Centre Gross Leasable Maximum Floor

Floor Space for Space IndexRetail and Service

-- --Uses

-

-

k

s uare metresBowmanville East 80000 15Town CentreBowmanville West 100000 15Town Centre

Courtice 30000 15

Town CentreNewcastle 20OOD 075Villa a CentreOrono 7500 04Villa a Centre

S

a -any drive-through facility must be locatedon a lot

sufficiently sized to accommodate all activities

associated with the drive-through facilityb all-buildings containing drive-through facilities shall

be oriented to the primarystreetfroritage No

portion of the stacking lane and no parking spacesor drive aisle shall be located within the setbackarea

c drive-through facilities shall be sufficiently separated- from residential uses to avoid issues of land use

compatibilityd adrive-through-facility-will-have-sufficient dedicated

stacking lane to prevent vehicles from interferingwithon-site and off-site vehicular circulation and

e any additional policies as may be contained in

Secondary Plans

34 By renumbering Sectiom1043as Section 1048and

a by deleting the words Main Central Area in the firstsentence and replacing them with the wordsTown Centre

b by deleting the second sentence iri its entirety and byreplacing it with the following new sentence

Detailed land use policies for the Courtice Town Centre willbe provided for in a Secondary Plan

35 In Section 105by deleting the-words Sub-Central Areas in thetitle and replacing them with the words Courtice West ShoppingDistrict

36 By deleting Section 1051in its entirety and by replacing it with

the following revised section1051The Courtice West Shopping District erves the

surrounding urban areas throughthe provision of useswhich complement the Courtice Town Centre includingretail service office residential cultural community and

recreational uses

37 By deleting Sections 1052and 1053

38 By adding new Sections1052and 1053 as follows

1052 In conjunction with the adjacent lands in the City ofOshawa the- Courtice West Shopping District shall bedeveloped and function primarily as a shopping district

serving portions of the Oshawa and Courtice urbanareas

1053 Specific development policies and land uses shall be

provided for in the Courtice West Shopping District

Secondary Plan Alt proposed development shall

comply with the provisions of Section 1046 c tok

39 In Section 106 by deleting the words Local Central Areas inthe title and replacing them with the words NeighbourhoodCentres

40 By deleting Section 1061 in its entirety and by replacing it withthe following new section

1061 Neighbourhood Centres aretoserve as focalpoinisfor residential communities and provide for day to dayretail and service needs They shall be planned anddeveloped in a comprehensive manner Themaximum amount of gross leasable floorspace in anyone Neighbourhood Centre shall be5000 squaremetres

41 In Section 1062----

a by deleting from the first sentence the words Local CentralAreas shall develop as mixed use areas containingcommercial residential replacing them with thewotdsNeighbourhood Centres are intended to be developed withadjacent areas as transit nodes containing higher densityresidential uses and wherever possible and

b by deleting the second sentence

42 In Section 1063

a by deleting thefirst sentence and replacing it with thefollowingAn appropriate range of retail and service uses will be identifiedin the Zoning By-law in accordance with the followinga 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 encouragedb by deleting Table 10-1 in its entirety

43 By deleting Section 1064in its entirety and by replacing it withthe following new Section 1064

1064 In the review of development applications the followingsite development and urban design criteria will beimplementeda a floor space index for retail uses on any ite not

exceeding030

b a maximum combined floor space index of050where there are second storey office or residentialuses

10

c with the exception of a grocerystorelsupermarket a

maximum of 500 square metres of gross leasable

floorarea for any individual store

d street-related building forms are preferPed but as a

minimum direct pedestrian access will be providedfrom the street to some stores withiri4 m of the

streetline

e compliance with Section 1046 b to iand-

f provision of a public square in accordance with

Sections1065and 1066

44 In Section 1065

--a by deleting the words Local Central Areas inthe firstsentence and replacing them with the words NeighbourhoodCentres

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 publiclyaccessible square shall be constructed either as a publicparkette or as part of a commercial developmentfrom the

second sentence and replacing them with the words Public

squares vJill be designed as a high quality urban

environment with such amenities as appropriate pavinglandscaped areas benches refuse container bicyclestands lighting public art and other elements that enhancethe social and physical environment

45 By deleting Section 1066 in its entirety and replacing it with the

following1066 Public squares shall be constructed either as a public

parkette or as part of a commercial developmentwiththeright of the public to access the square secured byappropriate means Public squares are required at the

following Neighbourhood Centres

BloodPrestonvale

LibertyLongworthRegional Road 57lConcession Road 3

ConcessionlMearnsPost of Newcastle

Any new NeighbourhoodCentres identified byamendment to this Plan

46 By deleting Section 107 in its entirety and replacing it with the

following

19

10T Port of Newcastle Harbourfront Centre

1071The Port of Newcastle Harbouriront Centre is identifiedon Map A4 The Harbourfront Centre shall be plannedand developed as a community focal point and part of thetourism node at the Port of Newcastle The HarbourfrontCentre will be a high quality urban environment thatbuilds on the existing natural setting marina and parkdevelopment and views of the waterfront

02lOLithinthslarhoudrgntCntrayriety-Qfusesayepermitted which are compatible with the marina andDistrict Park including multiple- residential retail andservices uses professional offices a smaI hotel placesof entertainment and recreational cultural and

community facilities Retail uses will be appropriate forand scaled to meet neighbourhood or tourism needsThe hotel hall be appropriately designed and scaled fora small town harbourfront location The- maximumnumber of multiple residential units in the HarbourfrontCentre is 250

1073The Harbourfront Centre shall be developed to thehighest design standard In the review of developmentapplications the following urban design and sitedevelopment criteria shall be implemented

a buildings should be harmonious in form andarchitectural style have a consistent setback from thestreet and valley and shall be oriented to provideviews of the waterfront and the marina

b buildings will have a maximum height of five storeyson the front andorstreet facades

c the maximum floor space index for any site shall notexceed 075

d a safe well-defined pedestrian walkway system willlink to the Waterfront Trail the marina area and theDistrict Park with attractive landscaping and signageto enhance the pedestrian experience

e a consistent design and use of materials will be usedfor all signage benches and light fixtures throughout-

f convenient parking areas shall be screened bylandscaping

g loading spaces shall be strategically located tominimize the visual and noise disturbances and allrefuse containers shall be fully enclosed and

h outdoor amenity areas associated with residentialdevelopment shall be designed with qualitylandscaping safe pedestrian walkways appropriate

12

lightirig and other elements to enhance the overallcharacter of any residential development

1074A public square shall be designed as an iritegralcomponent of the Harbourfront Centre It shall serve as

a neighbourhood gathering place and a centre ofiattraction for tourists The public square shall bedesigned and developed in accordance with the

following

a it shall comply with public square- provisions of--------------Seetiorts-106and106--

b it shall be located in association with commercial and-hotel uses

-- -- c itshall be physically defined by building facades andd it shall provideopportunities fo views vistas and

pedestrian lirikages to the surroundings area

47 By deleting Section 108in its entirety48 By renumbering Section 109 as Section 108 by renumbering

the Sub-sections of renumbered 108 accordingly and bydeleting the words Highvvay Commercial Areas from the title toSection 108 in the Section and replacing them with the words

Highway Commercial Districts49 By deleting the text of the renumbered Section 1081 and

replacing it with the following-

Highway Commercial Districts are to serve the specializedneeds of residents on an occasional basis HighwayCommercial Districts generally require large parcels of landto accommodate certain types of large format retailerswhich require exposure to traffic and may require outdoorstorage and display Permitted uses may include motorvehicle sales and service establishments homeimprovement centres large format home furnishing storesand other similar large format retailers garden centres andnurseries restaurants motels hotels and service stationsbut do not include motor vehicle body shops departmentstores food stores banks and warehouse merchandiseclubs

50 In the renumbered Section 1082

a by deleting the word Areas in the first sentence andreplacing it with the word Districts

b in clause c Bullet l 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 andthewordand at the end

e in clause d by deleting the word and at the end of andreplacing it with a period and

f bydeleting clause e51 c In the renumbered Section 1083

a by deleting the word Areas from the first sentence and-

replacing it with the words and figures Districts in Section1082

b 6y deleting clauses d f and g and renumbering clause eas clausedand

c by adding a new clause e as followsc

e compliance with the provisions of 1046c toiIri renumbered Section 1084bydeleting the word Areas fromthe first sentence and replacing it with the word Districts

53 By deleting renumbered Section 1085 in its entirety54 By renumbering Section 1010as Section 109by deleting the

second sentence and by replacing it with the followingService stations are establishments which primarily sell

gasoline and associated automotive products A servicestation may include accessory uses such as the repair ofvehicles a carwash restaurarits and a small conveniencestore

55 In renumbered Section 1092

a by addingthe word that after the word providedb bydeleting Sub-section a and replacing it with the following

a a maximum of one 1 service station may be permittedat ahy intersection with the exception that in a HighwayCommercial District or Employmerit Area a maximum oftwo 2 service stations may be permitted diagonally

opposite each other at any intersecfioric bydeleting Sub-section b and replacing it with the followingnew Sub-section b as follows

b it is not adjacent to or opposite schools or publicrecreation facilities

d in Sub-section c by deleting the words locations shalland replacing them with the words it does

e bydeleting Sub-section e and replacing it with thefollowing

e primary access is taken from an arterialorcollectorroad and

f byadding a newSub-section fl as follows

14

f it has no undue adverse-effect on adjacentresidential uses

56 By deleting the renumbered Section 1093and replacing it withthe following1093 Notwithstanding Section 1092 a service stations will

not be permitted at prominent intersections in Town or

Village Centres or other locations which Councifdeemsto have importarit visual significance forgateways tocommunities

57 By renumbering Section 1094 as 1095 and by adding a new-Section 1094as follows1094 Service stations will be designed with the following

considerations

a high quality architectural design landscapetreatment and fencing with particular attention tocorner treatment

b lots should be sufficiently large to accommodatethe proposed uses and provide appropriate buffersto adjacent uses

c access points to each site shall be limited innumber and shall not impede traffic flows Internalaccess to adjacent commercial propertiesshall be

provided wherever possible

d convenience retail uses shall be sensitivelydesigned to the context have high quality finishesfacing the street generally have less than 250square metres of floor area generally be sited onthe street corner and in urban areas provide directpedestrian access from the sidewalk

e ancillary drive-through facilities-are prohibited inTown and Village Centres and in all other areaswill be sufficiently separated from residential uses

f garbage will be accommodated internally or withina separate and fully enclosed structure witharchitecture that matches the principle building

g fencing landscaping and architectural treatmentsand other appropriate measures will be used to

mitigate any noise impapts identified by a noisestudy

h signage shall be minimized and

i lighting and glare will be minimized in accordancewith municipal policy and appropriate roadauthority requirements

15

58 In Section 1152 by deleting the last sentence that reads Largescale retail warehouses may be permitted by amendment to thisPlan subject to the provisions of Section 1095

59 In Section 1241 by adding the words service stations afterthe words arts and craft shops in the third sentence and byadding the following new sentence at the end of the Section

Service stations shall also be subject to the policies ofSectiori 109of this Plan

60 In Section 1625by adding the following after the first sentence

The manna area is to be fully integrated-with the designatedHarbourfront Centre and shall be developed in accordance withthe following

a an integrated system of publicly accessible walkways willconnect the Harbourfront Centre with the marina area theDistrict Park and the Waterfront Trail

b the marina development will be fully integrated with theDistript Perk vrith complementary recreation facilities andamenity areas joint access arrangements and sharedparking facilities

c the marina clubhouse will have complementary architecturalstyle and form and shall incorporate common streetscapeelements and landscape themes with the HarbourfrontCentre development and

d off-season boat storage shall be only permittedimmediatelyadjacent to the marina

61 In Section 1671 by replacing the word Areas with the wordsDitricts

62 In Section 1682 by replacing the words Main and Sub-Central Areas with the words Towri and Village Centres

63 In Section 1610 by deleting the entire section and replacing Rwith the following notation

1610 Special Policy Area H deleted by Amendment 43

64 In Sections 1721 and 1722by deleting the words MainCentral Area-from these Sections and by replacing them with thewords Town Centre

65 In Section 1854by replacing the words Main Central Areaswith the words Town and Village Centres

66 Ln Table 19-1 by replacing the words Central Areas with thewordsTown and Village Centres

67 In Section 1954

a bydeleting the words Main and Sub-Central Areas and theOrono Local Central Area shall reflect from the third

16

sentence and by replacing them with the words Town andVillage Centres

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

c by deleting the wordsEast Main Central Area in th4lastsentence and by replacing them with the words TownCentre

e by deleting the words Main Central Area after the wordsNewcastleVillage in the last sentence and by replacingthem with the word Centre and

f by deleting the words Local Central Area in the lastsentence and replacing them with the words VillageCentre


1955The Municipality will urideltake a streetscapeimprovement program with particular attention tb Townand Village Centres the Regional Transit Spine on

Highway 2 and gateway locations to each urbancommunity

69 In Section 1955by amendirig the references to correspondwith the new designations for Town and Village Centres suchthat Table 99-2 reads as follows

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

Town or Village Centro or Road From To Rightof-wayHamlet Width

CourOCe Town Centre Trolls Road South limita North limit of 30 mTown Centre Town Centre

Bowmanville East Town King Street Bovnnanvi4e Meatus Avenue 2026mCentre CreekNewcas6e Village Centre Kinp Street

-

West Limit of MiA Street - 2026m-Villa a Centre -

King Street Mill Street East limit d 2630 mVilla a Centre

Mip Street South limit of Norlhlknitof 2026m-

Villa eCenfre Villa eCentreOrono Village Centre Mill Street Station Street North Gmfl of 20-26 m

Villa a CentreEnfield Reg Rd 20 WestlimilW Oro East limit of the 36 m

Hamlet Hamlet

Reg Rd 34 South limit of the North limit of llro 36 mHamlet Hamlet

Enniskillen-

Reg Rd 3 West limit of the East linlil oT the 2630mHamlet Hamlet

Brownsvi0e Hwy 2 WeslIunitof the Easl Iknit of tlro 30 mHamlet Hamlet

Newlonville Hwy 2 Wesl limit of the East limit of the-

26 m- Hamlet Hamlet

Reg Rd 1 B South limit of the North Ilm6 of tiro 26 mHamlet Hamlet

17

70 By adding a nevi Section 1963 as follows1963- Notwithstanding the above provisions on the future

Brookhill Boulevard private individual accesses todetached and semi-detached dwellings aril streettownhouses will not be permitted

71 In Section 1981 by replacing the words Main Central Area withthe words WestTown Centre

72 In Section 2123by replacing the words Main Central Areas withthe wordsTown and Village Centres

73Deleting Section 2382and replacing it with the following

-2-a2 As part of a submission for site plan approval the

Municipality requires that the proponerii to demonstrate howthe proposed design and the organization of the siteandbuildingsa implements the urban design policies of the Official

Plan and any relevant Secondary Plansb in Town and Village Centres and in Residential

Neighbourhoods contributes to compact urban andpedestrian-oriented form and function that enhancespedestrian and transit accessibility

c safely addresses vehiculartraffic impactsd implements sustainable development objectives

including protection of the natural heritage systemenergy efficiency minimizing light pollution-and waterconsumption stormwater management controls treeplanting and other enhancements to the naturalenvironment

e protects enhances or restores the Municipalitys builtheritage

f integrates with surrounding ultimate land usesandaddresses impacts due to noise traffic overshadowingand wind effects

g provides landscaped areas and urban amenitiesconsistent with the context of the planned land usesand the Municipalityslandscaping design and amenityrequirements

h makes appropriate provision for sequential staging ofservices- including the construction of infrastructure toservice the site and

i implements any other relevant policies of this Plan

18

74 In Section 24 by adding a definition for LEER Rating System as

followsLEED-Rating System -refers to the Leadership in Energy andEnvironmental Design Green Building Rating System establishedby the Canada Green Building Council as amended from time to

time

75 Iri Section 24 by deleting the definition for Retail Uses and

replacing it with the following definition

Retail Uses - lJses where goods or merchandise are sold such as

food-general-merchandise apparel hardware home furnishings-specialty retail beer liquor and wine automotive products and

home improvement products including department stores andnermarkets

76 In Section 24 by deleting the definition for Retail Warehouse in its

entirety77

78

In Section 24 by deleting the definition for Personal Service Usesand replacing it with the following definition

Service Uses -Uses such as restaurants hair salons drycleaners shoe repair video rental stores tailors laundromatstravel agencies photographers veterinary clinics fitness and

health clubs medical and dental offices legal and real estateoffices financial and insurance offices bank kiosks appliancerepair shops and personnel agenciesBy adding the words including roads to the end of Sub-section2343a

79 By amending Map A2 -Land Use Courtice as shown on ExhibitA

80 By amerding Map A3 - Larid Use Bowmanville as shown on

Exhibits B andBi

81 By amending Map A4 -Land Use Newcastle Village as shown on

Exhibit C

82 By amending Map A5 -Land Use Orono as shown on Exhibit D

83 By amending Map B3 -Transportation Bowmanville as shown onExhibit E

84 By amending Map Ei - Neighbourhood Planning Units Courticeas shown on Exhibit F

85 By amending Map E2 - NeighbourhoodPlanning UnitsBowmanville as shown on Exhibit G

86 By amending Map E3 - Neighbourhood Planning Units NewcastleVillage as shown on Exhibit H

19

Bowmanville East Main Central Area Secondary Plan

The Bowmanville East Main Central Area Secondary Plan is hereby amended asfollows

1 By renaming the Secondary Plan as the Bowmanville East Town CentreSecondary Plan

2 By deleting all references to East Main Central Areaand replacing themwiththQrvofsEastTovnCentreand by deleting all references to WestMain Central Area and replacirig them with the words West TownCentre

3 By amend Section 32 by delete the words provide for and replacingthem with the word encourage to delete the word establishments andreplace it with the words and service businesses and to delete thewords in merchandise cafegories such that it reads as follows32 To encourage the vitality of retail and service businesses which serve

a regional market

4 By deleting Section 42 and replacing it with the following42 This Plan provides for approximately80000 square metres of retail

and service floorspace generally as follows-

a Downtown 35000 square metres- b East Business District 45000 square metres

5 By renumbering the existing Section 45 as Section 466 By inserting a new Section 45 as follows

45 Future studies will be undertaken to determine the intensificationpotential within the East Town Centre for additional residential andcommercial development consistent with emerging Provincialpolicy and the historic characterof the community


47 For the purpose of Section 1093 of the Official Plan and inconsideration of land use and urban design objectives of this Plan-

- the intersections of King Street with Libeiy Street SimpsonAvenue and Ivlearns Avenue are prominent intersections whichCouncil deems to have important visual significance

8 In Section 52 by deleting the word personal before the word service9 In Section 53 by deleting the word personal beforetheword service

and by adding the words and the portion of the East Business Dis4-ictwest of Liberty Street such that Section 53 reads as follows53 Nohnrithstandingthc above no drive-through retail or service

establishments are permitted in the StreetRelated Commercial

20

Area in the Downtown and the portioriof the East BusinessDistrict west of Liberty Street

10 By de-etingthe title ofSectiori6and replacingitwith the title General Commercial

Area11

In Section 62by deleting the word personal before the word senrice 12

By deleting the word andatthe end ofSub-section73c 13By renumbering Sub-section73d to Sub-section73e 14By adding a new Sub-section73d as follows7

3d -- additionsshouldenhanthepedestriancharacterofthe streetscape

and 15By deleting fhe title of Section9andreplacingitwith the title Parks and Squares- 16

By renumbering Section93as Section9417By adding a new Section9 3as follows9

3The Municipality will endeavourfo enhance the social and physical

environmentof the Downtown by creatinga target functionalcivicsquare in proximity to the Municipal AdministrativeCentre 18

In Section 105by adding the words and private corporations after the words

senior levels of government19In Sub-section 123b by adding the words andarchitectural after the words

historic20

By amending MapA -Land Use Downtown by deleting the words East MainCentral Area from the title block and replacing them with the words EastTown Centre 21

By amending MapB -Land Use East Business District as shown onExhibit

IThe

Courtice Sub-Central Area Secondary Plan The

Courtice Sub-Central Area Secondary Plan ishereby amended as follows1

By deleting the title of the Plan and replacingitwith the following new title CourticeWest Shopping District Secondary Plan2

By deleting all references to the Courtice Sub-Central Area sandreplacing themwith the words CourticeWest Shopping District3

In Section 42by deleting the words and figures permitsamaximum of 28

000square metres and replacing them with the words provides for approximately30000square metres4

By adding a new Section45as follows

45 For the purpose of Section 109 3 of the Official Plan and inconsideration of land use and urban design objectives of this Planthe intersection of King Street with Varcoe RoadDarlingtonBoulevard is a prominent intersection which Council deems to haveimportant visual significance

5 In Section 5by deleting the words Primary Commercial Area andreplacing them with the words General Commercial Area

6 In Section 52 by adding a fifth bullet and the words drive-throughdevelopment in accordance with the policies contained in Section 1047of the Official Plan

7 In Section 62 by adding a fifth bullet and the words drive-throughdevelopment in accordance with the policies contained in Section 1047of the official Plan

8 in Section 81

a by deleting the words and figures Section 1032 of the Official Planand replacing them with the words Section 1045 of the Official Plan

b by deleting the words and figures Section 1037 of the Official Planand replacing them with the words Section 1046of the Official Planand

c by deleting the words Primary Commercial Area and replacing themwith the words General Commercial Area

9 By amending Map A as shown on Exhibit J

Tha Newcastle Main Central Area Secondary Plan

The Newcastle Main Central Area Secondary Plan is hereby amended asfollows

1 By deleting the title of the Ptan and replacing it with the title NewcastleVillage Centre Secondary Plan

2 By deleting ail references to Main Central Area and replacing them withthewords Village Centre

3 By deleting all references to King Street and replacing them with thewords King Avenue

4 In Section 11 by deleting the words in the eastern portion and replacingthem with the words to the-east of the historic downtown5 In Section 42 by deleting the words permits a maximum of 15000

square metres of retail and personal service floor space by 2016 andreplacing them withthewords and figures provides for approximately15000 square metres of retail and service floorspace

6 Ih Section 43 by deleting the word Neighbourhood after the words Portof Newcastle and replacing it with the words Harbourfront Centre

22


46 For the purpose of Section 109 3 of the Official Ptan and inconsideration of land use and urban design objectives of thisPlantheintersections of tang Avenue with North Street MillStreet and Arthur Street are prominent intersections whichCouncil deems to have important visual significance

8 In Section 51 by deleting the number 1032 and replacing it with thenumber 1045

9 By deleting the title of Section 6 and replacing it with the title GeneralCommercial Area

10 In Section 62a in the first bulletby deleting the words retail personal services and

of cPsand replacing them with the words retail and service usesb by changing the second bullet and text to be the third bullet and text

and by adding a new second bullet as follows-

professional officesand

c in the changed third bullet by adding after service stations thefollowing words subject to the provisions of Section 109of the OfficialPlan

t1 In Section 63

a by deleting the words Strip Commercial Area and replacing them withGeneral Commercial Area

b by deleting the words conform with the site development criteria ofSection 11783 and replacing them with the words conform to the sitedevelopment criteria of Section 1046

12 In Section 72

a by deleting the second bullet retail service and office uses andreplacing it with the bullet worded small-scale retail and personalservice uses

b by deleting the third bullet retail service and office uses and

replacing it with the bullet worded professional offices


73 Notwithstanding the above nodrive-through facility shall bepermitted in the Mixed Use Area


74 Redevelopment within the Mixed Use Area will generally comprisethe conversion of existing residential structures subject to thefollowing criteria

a the existing residential facade of a house will be maintained with anyadditions at the rear or side of the dwelling

23

b all effort will be made to restore and preserve the historic character ofdwellings identified as heritage buildings onMap A

c all development and redevelopment will maintain theesablishedbuilding setback and reinforce thepedestrian character of the street byproviding streetscape enhancements and pedestrian amenities

d parking will be located at the side or the reap of the property behind thefront fagade of the building In no case shall parking 6e permitted inthe front of the building

e consolidation of smallerlandparcels will be encouraged and

--gj-all-development-wilt-comply-with-Section1t4-6j-to-ij-of-tfie-OfficialPlan

15 In Section 113by deleting the words Section 1032 of the Official Plan-the sitedevelopment criteria ofSection 103J of the Official Plan andreplacing them with the words Section 1045 of the Official Plan the sitedevelopment criteria of Section 1046ofthe Official Plan

16 In Section 121 by deleting the Section and replacing it with the following124 Council shall ensure the continued safe and efficient traffic

operatioris on King Avenue and subject to budgetary approval mayconsider the following measures

a improving road geometry rationalizing lane arrangementsinstalling raisedcentre medians where appropriate and otherdesign modifications

b widening sidewalks and incorporating streetscapeenhancements to improve the pedestrian environment

c reviewing regulations for on-street parkingd adding additional traffic signals or traffic control devicese encouraging the relocation of undesirable private accessesand

f investigating the designation of King Avenue as a controlledaccess road under the Municipal Act 2001 and the closing ofprivate accesses

17 By adding a new Section 124 as follows124 The Municipality may require a traffic impact study for anyproposal for development or redevelopment to ensure that it does

not negatively impact operation safety and capacity of the roadnetwork

18 By amending Map A-Land Use as shown on Exhibit K

24

25

EXI-IIBBT A To Official Plan ArnendrtentNo 43

svoN FmmMain

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EXHIBITB To fficial Plan Amendment No 43

From Local Central Area I Add Medium DensityTo Neighbourhood Centre t

i

ap m

- N Add High Deno

DeleteNeighboudwod FtipCommercial

From ldcal Central AreaI To Neighbourhood Centre

rs Delete Local Central Areaand

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c- Add Medium DensitySymboSee Exhibit 61 diti

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-

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nnuaEuneur0 orawN1N01 SFSSECohiNr Bo

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L EXHIBIT61 To fFicialPlan Amendment No 43

Reloptionof jNeighbourhood Park Symbd

Adjust SecondaryPfan OAreaBoundaryA

VI

From Urban Residential J

and Environmental ZProtectiontcTown Cenfre

-

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a --

From Main Central AreaTo Urban Residential

4From Environmental Protection MO

4To Urban Residential

From Environmental ProtectionTo Town Centre

Realign Road

t M

EXHIBIT C To Official Plan Amendment No 43

CUUHEUqWRF9pEMLV

O uReAN ipENnuRename fromMain Central ArEta oFMHrwLto Village Centre

NLLAGE CENTRE

Rename from HARBOURFRONi CENTRE

Local Central Area to ucHTHarbourfront CentreM011SRl

UIILRY

s x wo sm aso

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CRPEN SPACE

WATERFRONT 6REENWAY

s

CONMUNRY PARK

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M PUBUCSECONDMY SCHOOL

lI SEPARATESEWNDARY Stl001

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AMENDMENT N044TO 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 WestTown Centre and

designating additional lands for commercial development

LOCATION This amendment applies to lands in-Part of Lots 14 to 17 Concessions 4

and 2 former Town of Bowmanville and former Township of Darlingtonbounded generallyon the south by the St Lawrence and Hudson CPrailway and to the north by the Brookhill tributary tothe Bowmanville

Creek-and a future road to be known as Brookhill Boulevard

BASIS This Amendment is based on the Caarington Commercial Policy Review

Final Report- Recommended Policy Changes dated May 30 2005 and

the Bowmanville Wesi Main Central Area Secondary Plan Review dated

May 30 2005 prepared by Meridian Planning Consultants Inc the

supporting analysis by retail marketurbandesign and transportation and

engineering sub-consultants and further review by municipal-staff

ACTUAL AMENDMENT

The Bowmanville West Main Central Area Secondary Plan is herebyamended as follows

1 By renaming the Bowmanville West Main Central Area Secondary Plan as

the Bowmanville West Town Centre Secondary Plan

2 By deleting all references to the Bowmanville West Main Central Area

and replacing them with references to the Bowmanville West Town

Centre and by deleting all references to the Bowmanville East Main

Central Area and replacing them with references to the Bowmanville

East Town Centre

3 In Section 11

a by deleting the figure 55 and replacing lt with the figure 74

b by deleting the words Martin Road Regional Road57 and GreenRoad and replacing them with the words the CP Rail overpass and

the east limit of the Urban Boundary4 Add a newgoal 24 as follows

24 To consider comprehensively market land use urban design and

transportation objectives in the consideration of any application forthe development of land in the Bowmanville West Town Centre

5 In Section317 by deleting the words beyond the initial allocation inorder

6 Byrenumbeing Sections 331and 332as Sections333 and334respectively and adding new Sections 331 and 332 as follows

331To promote and enhance the function of King StreetJHighway 2 as

the Main Street of the Bowmanville West Town Centre

332 To provide a connected grid of public and private streets toenhance movement and accessoptions reduce congestion and

improve emergency access

7 By deleting Sections341 and 342and replacing them with the followingnew sections

341 DistinctSense of Place-to create an urban character through highquality architectural treatments and site planning that provides visualinterest at a pedestrian scale

342 Connective Street Network - to provide an efficient grid streetnetwork as the basic organizational structure for the area The gridstreet network should define an urban block pattern providemaximum pedestrian bicycleand vehicular connectivity and routechoices and facilitate access to existing and proposed transitservices

343 Pedestrian Access-to ensure direct safe and efficient pedestrian - -accesssupported by sidewalks situated along all roads and driveaisles walkways located within parking areas and designated

- crosswalks

344 Urban Street Edge - to ensure development provides physicaldefinifion to streets and public spaces through appropriate placementand design of buildings parking-areas and landscaping padicularlyalong King StreetHighway 2 Clarington Boulevard and Green Road

345 Plan for Infill - to ensure that development initially permitted in -

accordance with this Secondary Plan is designed in such away so

as to facilitate redevelopment a greater intensity in the longer termBlock patterns for development should be designed to ultimately

- accommodate denser mixed-use development346- Environmentally Sustainable - to ensure that development is

designed to achieve a high degree of environmental sustainability- 8 In Section 41 by replacing the figure 9with the words and figures 11

and the urban design policies of Section 13- 9 By deleting Section42 and replacing it with the following

42 No expansion to the limits of the Bowmanville West Town Centreand no redesignation of additional lands for General Commercial or

- 2

Street-Related Commercial is permitted prior to a comprehensivereview of the Official Plan after 2011

10 By deleting Section 43 and replacing it with the following new Section

43

43 Retail Limits for the Bowmanville West Town Centre

a In order to ensure that retail and service developmentproceedsin 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 riew retail development in the Bowmanville-WestTown 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 Cehtre will proceed in an incremental

fashion Until such time as the Clarington population reaches

91000 persons the maximum permitted retail and service floor

space in the Bowmanville West Town Centre is as follows

i Retail Floor Space 73000 square metres

ii Service Floor Space 7000 square metres

For the purpose of this sectionRetail floor space includes department stores and stores

selling department store type merchandise eg apparelhome furnishings sporting goods and hardwaresupermarkets specialty food stores beer liquor or wine

stores automotive products and home improvementstores

Service floor space includes restaurants personalservice shops rental stores and financial institutions

Floorspace not included in the above limits are medical

or dental offices business and professional- officesgovernment offices places of entertainment privateclubs community facilities and gas stations

c The following allocation of total gross leasable floor spacewhich includes retail service anii all other commercial floor

space is made

i 18600 square metres for the lands bounded by ClaringtonBoulevard Prince William Boulevard Green Road and

Highway 2

3

ii 8000 square metres for the lands bounded by ClaringtonBoulevard Prince William Boulevard Pethick Street and

Highway 2iii 4000 square metres for the lands east of Clarington

Boulevard north of Highway 2iv 18000 square metres for the lands bourided by Clarington

Boulevard the Stevens Road extension Green Road andHighway 2

v 34500 square metres for the lands north of Highway 2between Green Road and Boswell Drive extension providedthat no more than 30500 square metres is permitted in theGeneral Commercial Area and provided that the zoning bylaw shall contain restrictions to ensure that the fret full yearof operation of the retail and service floor area in the GeneralCommercial Area shall not be earlier than 2008

d Development of land will be released through site specificamendments to the Zoning By-law in accordance with the policiesof this Plan The implementing zoning by-lawssmay incorporaterestrictions on the type amount and location of retail and servicefloorspace minimum and maximum store sizes and other similar

requirements to define the role of the Bowmanville West TownCentre in relation to historic downtowns and to implement the urbandesign and energy conservation objectives of this Plan

e The floorspace limits identified in Section 43 b may be amendedthrough a comprehensive review of the commercial floorspace inthe Municipality In addition to any other appropriate planningurban design and traffic studies the Municipality shall conduct an

independent market analysis at the expense ofthe applicant forsuch permission which addresses the following

the impact of development that has occurred in the BowmanvilleWest Town Centre since 2003 on the Bowmanville East TownCentre including the historic downtown and other designatedTown and Village Centres in Claringtonchanges in consumer expenditure pattems from the patternsdocumented in previous studies and

the anticipated impact of any proposed developmentson the

viability of existing retail and service uses in Claririgton and theplanned growth and function of Town and Village Centres

11 By deleting Sections44 and524

12 By renumbering Sub-section525e as Section 44 and by deleting thewords Retail Commercial and replacing them with the words GeneralCommercial and Street-Related Commercial

4

13 By deleting the word personal from in between the-words and andservice and

14 By deleting the words and numbers Section524and replacing themwith the words and numbers Section43


45 Notwithstanding any other provision ofthis Plan only iwo full-

service banks or financial institutions are permitted intheBowmanville West Town Centre

16 By adding a riew Section46 as follows

46 For the purpose of Section 1093 of the Official Plan and inconsideration of land use and urban design objectives of thisPlanthe intersections of King StreeUHighway 2 with Regional Road 57Claringfon Boulevard and Green Road are prominentintersections which Council deems to have important visual

significance17 In Section 5 by changing the Section title from Retail Commercial to

General Commercial

18 In Section 51 by deleting the words Retail Commercial and replacingwith General Commercial by adding the words larger format after the

words to concentrations of and by deleting the second sentence in its

entirety19 In Section521

a in Sub-section ai by deleting the words Retail and personal service uses

including and replacing them with the words Certein retail andservices uses such as

ii by deleting the words provided that i a general merchandisestore 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 das Sub-sections b and c respectively

c in renumbered Sub-section b by inserting thewordsbusiness or

training schools between the words cultural facilities and thewords day care and

d in renumbered Sub-section c by deleting the words provided thaton the parcel of land bounded by Highway 2 Clarington BoulevardPrince William Boulevard and Green Road up to 929 squaremetres may be located on the ground floor

5

e By deleting the existing subsection e and replacing it with thefollowing

Notwithsanding521a and621 a a large format homeimprovement store having a maximum total floor space of9175square metres is permifted on the lands designated GeneralCommercialandStreet-Related Commercial located on the westside of Clarington Boulevard and the south side of Stevens Roadextension subject to the followingi The home improvement store will be certified under the LEED

Rating Systemii The exterior walls of the store will be finished with brick and

- stone pre-cast panels-iii The enclosed garden centreoutdoor display area shall not

exceed 1630 square metres and the seasonal garden centreshall not exceed 930 square metres

iv The enclosed outdoor storage areashall not exceed 820 squaremetres

v Any enclosed garden centreoutdoor display area and theoutdoor storage area located along the street-edge will containa high quality finish comprising decorative fencing and precastpanels similar to the main building

Vi No outdoor storage and display is permitted outside of the fenceenclosed- garden centreoutdoordisplay area save-and exceptfor an outdoor display area no greater than 80 square metresadjacent to front entrance of the building provided there is no

display or storageof building materials dumpsters sheds or

large equipmentvii The provisions of Section 1322shall not applyviiiThe street edge of Clarington Boulevard shall be defined with

high quality landscape treatment including seating areas andthe provision of a decorative fencing consistent with thearchitectural character of the building and

ix Notwithstanding 1331the primary building fagade shallcontain 20 transparent glazing and the rear building fagade on

Stevens Road shall contain 10 transparent or opaque glazing20 In Section 522by deleting the word Retail and replacing it with the-

woad General

21 By deleting Section524and replacing it with the following524 Council may corisidec limitations on the size of large format stores

with the objective of encouraging compact built form and energyefficient buildings

6

22 In Section 525

a by deleting the word Retail and replacing it with the wordGeneral and by deleting all referencestoBowmanvilleBoulevard and replacing them with references to Prince William3oulevard

b by deleting Sub-section a and replacing it with the following

a Development will comply with the applicable Urban DesignPolicies of Section 13

c by deleting Sub-sections 525 cg and h and renumbering Subsection525dasSubSection-525c

-

d by numbering the second paragraph of the newly numbered Sub

section c beginning with the words In orderto facilitate as a new

Sub-section d and by adding thereto the words and numbers andthe policycontained in Section 1523afferthe wordsimplementation of this policy

23 By renumbering the original Sub-section 525f as a new Section 4824 By renumbering Section526as a new Section623

25 By adding a new Section 6 titled Street-Related Commercial as follows

6 STREET-RELATED COMMERCIAL

61 PURPOSE

Lands designated Street-Related Commercial on Map A ofthis

Secondary Plan are intended to provide specific areas dedicated tosmallerscale-pedestrian-oriented retail and personal service usesin particular uses that contribute to an active street life such as

cafes restaurants and smaller shops62 POLICIES621 The permitted uses shall be

a Retail and service uses including specialty food storesgeneral retail stores convenience retail storesbideostores retail liquor stores restaurants taverns barbershops beauty salons dry cleaners art studios travelagencies and financial institutions provided that

i any one store has a maximum leasable floor area of1000 square metres and

ii no drive-through facility is permitted

b community uses including social recreational andcultural facilities business or training schools day careand nursery facilities

c medical offices business professional andor

7

administrative offices provided they are located on thesecond or upper levels above ground floor and

d residential dwelling units provided they are located on thesecond or upper levels above the ground floor

622 The following policies shalt apply to the development of landsdesignated Street-Related Commercial in the BowmanvilleWest Town Centre

a Highway 2 and Clarington Boulevard shall provide a

focusforcommercialdevelopment in the BowmanvilleWest Town Centre The implementing Zoning By-lawand the Urban Design policies provide direction regardingthe relationship of buildings to the street landscapetreatment and parking areas as required to achieve a

high quality pedestrian retail environment

b Notwithstanding Section 621 a i Council may consider

additional store size limits on a site specific basis todistinguish the role of street-related retail developmentbetween in the Bowmanville West Town Centre and to

mitigate the impact on historic downtowns and the

Bowmanville East Town Centre

c Buildings shall be designed to be located generally at

grade with the adjacent sidewalk on the public or privatestreet

d Access to parking and loading facilities shall beestablished which will minimize disruptiori to the

pedestrian use of the streets Adequate welt-designedoff-street parking loading and service areas shall be

required on the site of each commercial developmente Development will comply with the applicable Urban

Design Policies of Section 13

26 By renumbering Sections 6 7 8 9 and 10 to Sections 7 8 9 10 and11 respectively

27 By deleting the word personal in the first and last sentences ofrenumbered Sub-section 721d

28 By deleting renumbered Sub-sections 721 f and g29 By deleting thewordpersonal in the last sentence of renumbered

Section 722

8


a by deleting in the second paragraph the A before the word Highfrom the first sentence and replacing it with the words The MidRise and

b by deleting the words as well as the parcel abufting King Streetfrom the first sentence of the second paragraph and replacing them

with the words whereas a Low Rise High Densty designation is

provided for orrlands north of the General Commercial west ofGreen Road

31 In renumbered Section821 c by deleting the word uses and

replacing it with the word facilities

32 By deleting renumbered Section 821e and replacing it with the

followinge Limited retail and service uses maybe permitted on the groundfloor of residential apartment buildings

33 By deleting renumbered Section822a and replacing itwith the

following822a Development on lands designated Medium Density

Residential shall be a minimum of 31 and a maximum of 60

Lnits per net residential hectare

34 By inserting a new Section823as follows and renumber accordirigly823Low Rise High Density Residential

a Development on lands designated Low Rise High DensityResidential 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 height35 In renumbered Section824

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

b by deleting renumbered Sub-sections 824a and b and replacingthem with the followinga 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

height36 In renumbered Section 825

a by renumbering Section 825 as Sub-section 825 f

9

b by adding the following a4 the beginning of the section

The following policies shall apply to the development of landsdesignated for residential purposes in the Bowmanville West TownCentre

c by inserting the letter and parenthesis a before the words Aminimum of 30to begin a new sub-section and

d by adding-new Sub-sections b cd and e as followsb Development will comply with the applicable urban design

standards of Section 13 and the energy conservation policiesof Section 14

c Indoor and outdoor amenity areas shall be provided inaccordance with the MunicipalitysArnenity Guidelines forMedium and High Density Residences

d Appropriate separation from the railway corridor is necessarythrough

the creation of a 30 metre setback as required by the CPRail guidelinesthe inclusion within that setback of a 10 metre

landscaped zone adjacent to the railway corridor toinclude landscape elements andthe design and siting of buildings so as to minimize visualand noise impacts from the railway corridor

e Secured communal storage rooms and bicycle storage roomsshould be provided in apartment buildings

37 In renumbered Section 1022by adding the words Brookhill Tributaryof the before the words Bowmanville Creek

38 By renumbering Section1024as Section 1025 and by adding a newSection 1024as follows

1024 It is the Municipalitys policy to have a small publiclyaccessiblesquare established at an appropriate location on the north sideof Highway 2 between Clarington Boulevard and Green Road

39 In renumbered Section1122 by adding the word Railafter the wordGO and by adding the words and transit terminal after the-wordStation

40 By deleting the renumbered Section 1123

41 By deleting original Section 11 titled Special Policy Area No 1 in itsentirety and renumbering the following Sections accordirigly

42 By deleting renumbered Section 13 in its entirety and replacing it with a

new Section 13 as follows

10

13 Urban Desigh Policies

131 Purpose

Achievement ofthe Municipalitys urban design vision forBowmanvilleWest Town Centre is of the highest priority In order

to ensure this vision is achieved the Plan provides for levels of

design policies

a Urban-Design Objectives found in Section 34 of the Planare broad statements of the intent and key aspects of the

design policiesb Detailed Site Design Policies for Commercial bevelopment

iri Section 132relate to a variety of site development issues

including parking buffering landscaping pedestrian access

service areas and signagec Building Design Policies for Commercial Development iri

Section 133 deal with elements of building form and designd Site and Building Design Policies for Residential

Development in Section 134 deal with a variety ofsite

development and building form and design issues

e The Demonstration Plan in Schedule A is a plan for the

Bowmanville WesfTown Centre demonstrating an

application of the urban design policies Illustrated Urbanbesign Policies in Schedule B provide explanations or

examples of the application of the urban design policies

Urbah design principles detailed site design criteria and buildingdesign 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

132 Detailed Site Design Policies foi Commercial Development

1321 Street and Pedestrian Network

An open grid of public and private streets and major privatelanes 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 publicrealm and should be characterized by high quality streetscapingand landscape treatments

11

Where commercial uses front on a public or private streetlinesidewalks should continue to the building face

Sidewalks abutting King Street Highway 2 and ClaringtonBoulevard should have a minimurri width of30 metres

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

Sidewalks and walkways abutting the front facade of largerformat stores shall have a minimum width of35 metres

Sidewalks and walkways should promote active and safe

pedestrian activity and stimulate visual interest All sidewalksand walkways fronting commercial uses shall include in-groundtrees generally planted 60to 90 metres on centre pedestrianscale lighting and street furnishings such as garbagereceptacles and possible outdoor merchandise displays and

selling areas

All sidewalks fronting other non-commercial uses shall includein-ground trees generally planted 60 to 90metres on centrewithin the grassed landscape boulevard pedestrian scalelighting and street furnishings such as garbage receptacles

The use of special paving treatment is encouraged at focalpoints including building entrances squares and through blockconnections

Clearly designated pedestrian crossings should be provided atthe intersection of all public and private streets and majorprivate laneways Pedestrian crossings should be marked withline painting or surface material variation and should be at least30metres wide

Private streets shall be located on a suitable right-of-way toallow for their future conversion to public streets Whereverpossible private streets shall be designed and constructed to

municipal road standards similar to Local Commercial Streetsas shown in the Functional Engineering and StreefscapeImplementation Plan Bowmanville West Main Central Area5eptember 1995 Private streets will appear and function as

an extension of the overall public street network The municipalstreet lighting design standard for public streets in the-Bowmanville West Town Centre will be used on private streets

12

1322 Building Orientation and Site Layout

Buildings vvill be organized to define and frame abutting publicarid private streets as a first priority and to define and frame

major private laneways internal drive aisles sidewalks parkingand amenity spaces as a second priority

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

Building setbacks shall be reduced to minimize distancesbetween building entrances and abutting public street

- sidewalks to establish a consistent built form edge and to allowfor the development of a significant streetscape contributing tothe identity and amenity of the area Maximum buildingsetbacks from the property tine on public streets are generallyas follows

King StreetHighway 2 35 metres

Clarington Boulevard 20 metres

Definition of the street edge is a priority At least 50 of thetotal street frontage shall be occupied by buildings on KingStreet Highway 2 and Clarington Boulevard

1323 Surface Parking Areas

Internal vehicular routes shall be clearly defined by raised andcurbed landscape islands planted wfth trees and low levelvegetation Internal drive aisles will be a minimum 60 metres inwidth

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 contiguousspaces in length and should have a consistent design angleperpendicular to primary building entrances

The visual impact of surface parking areas shall be minimizedby screen walls landscaping or lowering of the parking areas byup to 05 metres from the adjacent street grade

13

Appropriate lighting levels and consistency of coverage will beprovided in parking area to assist both pedestrian and vehicularcirculatioh The height and interisity of light standards should besensitive to adjacent land uses minimizing light spillover glareand impact on night skies Full cut-off fixtures are to be used

Designated handicapped and mobility impaired- parking spacesshould be located as close as possible to building entrancesand be clearly identified by signs or markings

1324 Landscaping of Parking Areas

Internal landscaping elements will define visually andfunctionally smaller parking courts and reducethe overallimpact of surface parking areas and heat island effects

Trees at the perimeter of parking areas will be planted generallyevery 60 to 90metres on ceritre

A landscaped island should generally be located at each end ofevery parking aisle Where the parking aisle is greater than 20

spaces in lengtha landscaped island must be providedLandscaped islands shall have a minimum width of25 metreswide and include one tree per parking row

A landscaping island should be provided generally at the midpoint of the parking aisle andorapproximately every 15 parkingbays The landscaping island should have a minimum width of25 metres and include a minimum of one tree per parking row

Where possible internal landscaping should incorporateexisting vegetation and significant tree planting

1325 Landscape Buffers

High quality landscaping treatments will be used to define siteboundaries provide buffers between adjoining developmentsand screen storage and utility areas

Landscaped areas adjacent to the streetline will be a minimumof30metres wide adjacent to parking areas and service areas

Landscaped areas between commercial and residentialdevelopments will have a minimum width of30 metres adjacentto the property line

14

To ensure opportunities for surveillance from adjacent areas

perimeter hedge and shrub screening should not exceed 10metre in height

Selectionof plant material should consider the followingYear-round appearanceSeasonal varietyHardiness and resistance to diseaseMaintenance requirementsTolerance of plant materials to salt andUrban conditions

1326 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 andfunctionally define smaller parking courts

Walkways should have a minimum width of 15 metres with a

landscaping zone on one side that is20metres in width

Walkways shall include pedestrian-scaled amenities wherever

possible-such as benches trash receptacles and lighting

Drive aisle crosswalks should be signed and constructed ofmaterials that are different to the drive aisle such as

interlocking brick paving

1327 Pedestrian Entrances

Main entrances to buildings shall be emphasized throughcanopies awnings towers or similar taller non-habitablebuilding structures The volume and height of such structuresshould 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 as a second priority

Building entrances shalt be identifiable and accessible to the

disabled High quality streetscape and landscaping treatment is

encouraged at ail building entrances

15

Windows should be coordinated with the location of pedestrianwalkways to provide interest and improve security along these-

-

routes

Pedestrian access from adjacent neighbourhoods should beprovided by walkways where insuificieht access is availablefrom street sidewalks

1328 Amenities

Amenities may include terraces parkettes or squares waterfeatures 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 encouragealternative modes of transport particularly for employees andconsumers with small purchases Larger stores are encouragedto provide indoor bicycle parking facilities for employees such as

storage rooms and showers

Amenity areas shall be located within landscaped pedestrianspaces and provide seating

1329 Service Areas

Service areas shall be screened from public and private streetsmajor pedestrian routes or residential areas It is preferable tolocate service areas off service driveways and away from publicstreets

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 shouldbe coordinated to reduce vehicular interruptions along the publicstreet and within parking areas

Screening shall use building materials andor landscapetreatments similar to those used for the priricipal buildings

16

Where solid screens are provided the materials should be

similar to or compatible with those of the buildings exteriarfinishes

13210 Transit Facilities

Building entrances and bus stops should be arranged to provideconvenient 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

132 1 Signage

Pylon signs for private development should be oriented to

address the street frontage street intersections and primaryaccess driveways Pylon signs should be compatible with the

associated building design in scale material and colour and

should be sef within a landscaped setting

Building identification signs should be incorporated on the front

facade 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

coritribute to an artful and dynamic building presence that will be

attractive and visible to passing pedestrians and motorists

Directional signs should be provided for pedestrian walkwaysparking and service areas The graphic quality of directional

signs should be clear and distinct and be coordinated with the

image of the development

133 Building Design Policies for Commercial Development

1331 Building Materials and the Location of Buildings on a Property

Blank or single material facades that extend the entire lengthof the building parallel to the public street will incorporateadditional architectural detailing and where appropriate signsmurals sculptural or graphic design

17

Facades longer than 25 metres shall be subd ivided through a

combination of windows and projections and recessions in the

building wall to create a consistent rhythm across the fagadeand establish divisions that express a hierarchy of entrancesand identify individual businesses where applicable

Transparent glazing on the at-grade primary building facadesand areas that have public activity shall be maximized havingregard to the nature and function of the building The followingminimum requirements generally apply to the primary buildingfacades

General Commercial 20Street-Related Commercial 40

Glazing should be actively used to provide storefrtlnt windowsor merchandise displays and should not be covered internallyby displays or window decals

Corner buildings at the intersections of Kirig StreetHighway 2with Regional Road 57 Clarington Boulevard Green Roadand Boswell Drive or at gateway locations shall includearticulated building elements inthe form of towers bays or

other details that emphasize the focal nature of these buildingsand wall projections recessions materials and other detailsthat enhance the visibility of these locations

Building materials recommended for new construction includebrick stoneand wood frame Materials such as aluminiumsteel and metal panels may be used provided they are usedwithin an appropriate context

Rooftop mechanical equipment and fume extractor ventsshould be integrated with the building design and rooftop unitsand vents will be screened using materials complementary tothe building Where appropriate parapets should be used toscreen rooftop mechanical units

1332 The following design guidelines shall be considered with thelocation of adrive-through facility

Any drive-through facility must be located on a lot greater than3000 square metres

All buildings containing drive-through facilities shall beoriented to the primary street frontage with a setback not to

18

exceed 30 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 orderboard loud speaker pick up window or banking machineshall not be located within 12 metres of properties zoned for or

containing residential uses

Speakers and order-boards associated with adrive-throughfacility shall be oriented away from a residential use and theirsound levels should be minimum so as not to create sounddisturbance Screening from headlights must be provided

Drive-through facilities located adjacent to properties zoned to

permit residential uses shall construct opaque fencing at least

18 metres in height between the uses and

Laridscape buffers adjacent to a property zoned to permitresidential uses should have a minimum width of 30metresand include ample coniferous trees minimum of 24metres in

height and deciduous trees minimum 70 mm calliper

1333 The following design guidelines shall be considered when

reviewing the stacking lanes at adrive-through facility

A 15 metre wide direct pedestrian walkway to the buildingentrance which does not intersect with or cross the stackinglane shall be provided and maintained on the lot from the

primary street frontage

Stacking lanes shall have a minimum width of30 metres

For a restaurant with adrive-through facility a stacking lane

length of a minimum 12 vehicle queuing spaces one vehiclequeuing space is defined as 60 metres in length shall be

provided At least 4 queue spaces shall be located betweenthe 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 queuingspace is defined as 60 metres in length shall be provided

The entrance to a required stacking lane may not be locatedwithin 18 metres of a site access to a public or private street

19

The required stacking lane must not interfere with or blockaccess to required parkirig spaces

A required stacking lane should not be crossed or bisected bya driveway or access to a loading space access or seniicearea

The full length of the stacking lane must be demarcated byconcrete curbsand the use of soft and hard landscapefeatures

Stacking lanes should be linear and straight with a minimumnumber of curves or turning movements and should notinterfere with traffic on public streets and

Double drive-through facilities on a site should be avoidedWhere a double drive-through condition cannot be avoided the

landscaping and decorative pavement shall be increased on-site

134 Site and Building Design Policies for Residential Development1341 Building Orientation and Design

AaartmentsBuilding facades shall be oriented so as to reinforce the streetand other public spaces as the primary organizing elementBuildings over four stories should be set back from the street or

-set back on a podium to maintain a pedestrian related scale andto mitigate wind and shadow effects A podium base should

generally be between two and four stories in heightBuildings on comer Icts should incorporate enhancedarchitectural elements such as entrance canopies towers andcorner articulationService areas utilities and parking should be sited or screenedto minimize potential negative impactsThe ground floors of apartment buildings facing residentialstreets shall be primarily occupied by active residential usessuch as living spaces indoor amenity areas and entry waysOn commercial streets ground floor retail and services uses

may be used to provide an active street frontageLong unbroken facades and blank walls should be avoided withthe use of balconies setbacks and projections and materialtransitions which help articulate the building and by the patternand rhythm of windows and doorsBuildings should be sited and designed to provide for viewsoverlooking streets natural areas and public spaces while

20

minimizing views overlooking adjoining dwellings and privateamenity areas

Buildings should be sensitive to interfaces with adjoiningbuildings and lower density areas with reduced heightsincreased setbacks stepped massing of the building articulatedfacades and window patternsRoofdesigns shall be integrated into the overall design of the

buildirig Green roof designs are encouraged

TownhousesBuildings articulation and design should be informed bystructural elements such as columns rooflines and windoor

fenestration as well as functional elements such as thelocations of entries circulation spaces and special roomsMaterial colour and textural differences should be provided on

townhouse facades

1342Building EntrancesMain building entrances for apartments shall provide a strongidentity and provide a transition from the street to the buildingWeather 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 parksor squaresTownhouses shall have attractive entry and porch areas near

the street levelGround floor apartment units may have iridividual entries

directly fromthe street

1343Private Amenity AreasBalconies verandahs terraces and roof gardens should beintegrated with the overall building form and facadecompositionBalconies and verandahs should be sized to accommodate

outdoor seating

1344 Common Amenity Areas

Sharedoutdoorspaces shall be provided to meet the needs ofthe residents

The design of shared outdoor spaces should take into accountthe following0 orientation and shading for optimum solar access

o shelter for access during inclement weathero planting location-and type for durability ease of maintenance

and aesthetic quality

21

o ground surface materials to allow access in 211 weatherconditions

o privacy of dwellings facing open spaceso- public access and measures to control access where

requiredo safety in the form of lighting informal surveillance as well

as restricted access to pools and water features for childreno shelter from noise wind and traffic from adjacent streets or

incompatible uses

134EParking Areas

Parking areas shall be located at the rear onside of thebuildings grid shall be appropriately screened from the street

Underground parking is encouraged in High Density Residentialareas Where decked parking is provided it shall bearchitecturally integrated with the apartment buildingLarge parking areas should be avoided by dispersing parkingcourts andbr mitigated by providing appropriate landscapingGenerally parking aisles longer than15 spaces should beseparated by a landscaped islandJoint access is permittedWherever possible internal or rear laneways should beprovided for all townhouse dwellingsPedestrian walkways from parking areas to building entrancesshould be clearly defined through materials and lightingShort term bicycle parking should be provided for visitors

1346LandscapingLandscaping shall reinforce the street edge and provide buffersto adjacent uses

Fences along street frontages should be low transparent anddecorative in nature to define private spaces but avoid inactivefrontagesPedestrian-scale lighting should be provided for parking andopen space areas and shall avoid light trespass on to adjacentproperties

1347Services and Utilities

Garbage areas shall be conveniently located for residents andfor collection and shall be fully enclosed preferably within thebuildingWhere provided separate garbage enclosures shall havecompatible materials and colours to the dwelling units andshould be softened with landscaping on their most visible sidesAll mechanical equipment whether mounted on the roof or

ground shall be screened from view

22

135 Demonstration Plahs - Schedule A of this PlantheDemonstrationPlan 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 DesignPolicies in Schedule B of this Plan provides examples and

precedents of the application of the urban design policies of the PlanSchedules A and B are intended to be illustrative rather than

prescriptive43 In Section 141

a by deleting -Sub-section b and replacing it with the followingb provides increased densities in the Bowmanville West

Town Centre and structured parking wherever feasible

b by renumbering Subsection c as Sub-section dc by adding a new Sub-section c and renumbering accordingly

c encourages walking and biking as alternative means oftransportation and

d in renumbered Sub-section d by replacing the word surfacewith the word bus

44 By deleting Section 142and replacing it with the following142 Thesiting and design of buildings will consider concepts to

maximize the potential energy savings includinga orientation for maximum passive solar gain in winterb the construction ofnew buildings to meet the LEED Rating

Systemc green roof design and the provision of well-designed

landscaping of parking areas to minimize heat island effectsd renovations of existing buildings for energy and water

conservation will be encouraged and

e the use of alternative sustainable energy sources such as

solar

45 In the third sentence of Section 1521

a by deleting the word These from the beginning of the thirdsentence and replacing it with the words Those roads and

b by deleting the words wvhich is intended and replacing with the

words wvhich are intended

46 In Sub-section 1523 a

a by adding the words transfer to and before the word assumptionb by adding the words as public streets before the words at some

future date and

c by adding the vvords by the Municipality to the end of the sentenceafter the word necessary

23

47 In Section 1525by deleting the words appropriate road authorityand replacing them with the words Region of Durham


1526 As a precondition of development of certain lands in the

Bovvmahville West Town Centre appropriate arrangementsshall be made for the following critical components of the gridstreet system

a for the lands north of King StreetHighway 2 betweenGreen Road and the proposed extension of Boswell Drivethe following road improvements are required

i the proposed extension of Boswell Drive from KingStreetHighway 2 as identified on Map A and-

ii the construction of Stevens Averiue from RegionalRoad 57 through to the Boswell Drive extension as a

combination of a public and a private road as identifiedon Map A

b for the lands north of King StreetHighway 2 between

Green Road and Clarington Boulevard the wnstruction ofStevens Road between Green Road and Regional Road

57 as a public street

c for the lands on the southwest corner of Regional Road 57and king StreeUHighway 2 the construction of PrinceWilliam Boulevard easterly from Pethick Street to RegooralRoad 57 as a public street

49 By changing the title of Section 153 from PublicTransportationPolicies to Public Transit Policies

50 By deleting Section 1531 and replacing it with the following1531 The Municipality in conjunction with the Region of Durham

and GO Transit shalt endeavour to enhance publictransituse and access in the Bowmanvilfe West Town Centre

51 By renumbering Section 1532as Section 1534arid by adding new

Sections 1532and 1533as follows

1532The Municipality will encourage the development of the

Bowmanville West Town Centre as a transit node bya encouraging a high level of transit service from Transit

providers

b providing sidewalks and high quality streetscape in pedestrianactivity areas in accordance with Section 154and the urban

design policies of Section 13

c considering the development of structured parking facilities in

partnership with private landowners and

24

d when the Municipality is proposing public works in the WestTown Centre the public authority will consider opportunities to

improve the pedestrian -and cycling environment bus stopsand shelters and streetscape enhancements

1533 Development in the West Town Centre will be transit--

supportive through

a providing for street-oriented development with no large parkingareas between the adjacent primary public street and

bui-dingsb

developing at higher densitiesc

providing frequent pedestrian linkages from streets to stores betweenbuildings and through parking areasd

contributing toa high quality public streetscape through landscapetreatment along the streetline ande

providing for compact development through shared parking whereappropriate and parking structures52

In renumbered Section 1541adding the words and private streets between

the words public road right-of-way and to enhance 53

Deleting renumbered Section1542and renumbering the remaining Sectionsaccordingly54

In renumbered Section 1543a

by deleting the words Future Streets and replacing them with the words

private streetsbby deleting the words Subsection525dand replacing with the words

Subsection 525bandc and Subsection 152355

In renumbered Section1544by deleting the words and punctuation shallbeidentified inthe Urban Design Guidelines These areas 56

In renumbered Section1624a

by replacing the words Master Drainage Plan with the words subwatershedPlan and b

by removing the words or subwatershed after the words BowmanvilleCreekc

by deleting the second and third sentences and replacing them with

the following All developments within the Bowmanville Creek watershedwill be undertakenin accordance with the policies of theBrookhill Tributary subwatershed Plan57

Iri renumbered Section 1625by adding the wordsorsubwatershed Planto the end of the last sentence 25

58 In renumbered Section 1721b

a by adding the words or any commercial development with loadingrefuse pick-up ordrive-through facilities within 60 metres of a

sensitive use to the end of the first sentence andb by adding the words as appropriate to the end of the last

sentence

5g In renumbered Section 1722 by adding the following new sentence tothe end ofthe Section 9n the eventofa comprehensive reviewRezoning By-laws may be considered in advance of a site plan but willtie subject to holding provisions in accordance with the policies ofSection24 of the Official Plan and Section 1723and 1724of thisPlan

60 oyadding new Sections 1723and 1724as follows

1723 In addition to the provisions of Section 2342of the OfficialPlan Holding Symbols may be used to ensure achievement ofthe policies of this Secondary Plan by establishing conditions-linking the development of new commercial space topopulation growth in Clarington the achievement of urban

design policies and objectives through site plan agreementsand agreement on the provision ofinfrastructure

1724 In addition to provisions of Section 2343of the Official Planprior to the lifting ofa Holding Symbol the followirig provisionsapply in respect to the Secondary PIanArea

a plansfor the proposed developmentshow that the

proponent has successfully implemented the Urban DesignPolicies contained in Section 13 and the results of studiesrequired under Section 1721 and the market land useand transportation objectives of this Plan to the satisfactionofthe Municipality

b arrangements have been made satisfactory to theMunicipality for the construction of the public streetsidentified in Section 1526as critical components of thegrid street system and

c arrangements have been made to the satisfaction of theMunicipality for the construction of private streets identifiedon Map A and their future dedication as public streets if theMunicipality requires their dedication in the future

61 By amending Section 171 by adding the following sentence at thebeginningMarket land use urban design and transportation objectives and

policies will be considered comprehensively in the implementation ofthis plan

26

62 In renumbered Section 174by renumbering the text as Section 1741anda 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 Designbetween Urban Design and Guidelines


1742Where a proponent submits a proposal for the development ofland the Municipality will require that the proponentdemonstrate howthe proposed design and organization of the

site and buildingsa 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 pedestrianamenities 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 facade along the

street

fl Orients such elements as public entrances displaywindows canopies and signage to the street and

g Locates and designs parking areas appropriately


a by adding the Section number 181 in front of the first sentenceb by adding the Section number 182in front of the last sentence that

begins-The policies of the Planc by adding the following words to the end of Section 182 in the

event of a conflict between the provisions of the Official Plan andthis Plan the Secondary Plan shall prevail


183 Definitions

a Department Store

department store shall mean a retail store containing a minimum- of5000 square metres of gross leasable floor space organized into

27

a number of individual departments and primarily engaged in thesale of a wide variety of commodities which shall include clothinghardware home furnishings and household appliances

b LEED Rating SystemLEED Rating System shall mean the Leadership in Energy andErivironmerital Design Green Building Rating System establishedby the Canada Green Building Council as amended from time totime

66 By amending Map A Land Use as shown on Exhibit A

67 By Adding Schedules A and B

28

EXHIBIT A To Official Plan Amendment No 44

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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON

BY-LAW N02006 - nfi

being a By-law to amend By-law 84-63 respelling certain definitions and generalprovisions with respect to commercial development

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

NOW THEREFORE the Council of the Corporation of the Municipality of Claringtonhereby enacts as follows

By-law 84-63 as amended is further amended as follows

a By adding to Section 2 thereof the following new definitions in alphabeticalorder as follows

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

Bicycle Parking Facility Indoor shall mean a secure room or bicycle lockerswithin a building capable of storing a minimum of 6independently-securedbicycles and which is readily accessible for employees or residents of thebuilding

Landscaping Strip shall mean an area of land used for any one or more ofthe planting of shrubs flowers grass or other horticultural elements such asdecorative stonework fencing or screening

Parking Space Disabled Persons shall mean a parking space that isdesigned and identfied to be used by persons with adisability

Residential Zone shall mean an Urban Residential Type One R1 ZoneUrban Residential Type Two R2 Zone Urban Residential Type Three R3Zone and an Urban Residential Type Four R4 Zone and the term includesSpecial Exception Zones to any of these zones provided in the aforesaid By-law 84-63

b By deleting Section 313 a to d inclusive and replacing them with the

following

313 Loading Space Regulations

a Every building or structure used for a purpose that requires theloading or unbading of goods or materials including animalsshall provide and maintain loading spaces in accordance with theprovisions of Section 313 c

b Loading spaces shall be provided on the same lot as thebuilding structure or use requiring the loading space and shallbe calculated in accordance with the regulations in Section 373

--

c All loading spaces shall provide a vertical clearance of 5metres

c Loading space regulation table

Legend Loading Space Requirements

Length - 11 m Length - 75 m

Width - 4 m Width - 3 m

A artment Buildin - 1 to 90 unRs 1 0artment Buildi - 91 or more unds 2 0

Hos ital 4 0Nursi Home Retirement home 1 0

Assembly hall Bar Business Professional orAdministrative OfFce Convenience Store Motor vehicle 0 1Re air Gara e Place of EntertainmentOther permitted uses up to 300 m gross commercial floorarea 0 1Other permitted uses with 301 m to 1000 m grosswmmercial Floor area 1 0

Other permitted uses with1000 m to 7000 m grosscommercial floor area 2 0

Permitted uses withgreater than7000 m grosscommercial floor area g 0

Permitted uses with u to 1000 m rose floor area 1 pPermitted uses 1 001 m to 3000 m ross floor area 2 0Permitted uses with3001 m to7000 m ross floor area 3 0

Permitted uses with greater than7000 m grass Floor area

3 spaces plus1 space for 0everyadditional

10000mZ or

ortion thereof

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

e Loading spaces shall not be provided in tandem and must belocated abutting the building or structure for which they arerequired

f Loading spaces shall be located in the interior side yard or rearyard In Industrial Zones loading spaces are also permitted inthe front yard and exterior side yard provided the spaces aresetback from the street line a minimum distance of 20 metres

g When an addition to a building occurs or the use of a buildingstructure or lot changes the provisions of Section 313 c of thisBy-law shall appty to the additional floor area

c By deleting in Section 316a the second paragraph beginning with the wordsFor the purpose of this By-law including Subsections i to iv inclusive

d By renumbering Section316b to g inclusive to 316f to k inclusive

e By adding a new clause Section316 b as follows

b DISABLED PARKING SPACES

-2-

i Each disabled persons parking space shall be a minimum 45metres wide and 57metres long unless lwo or more disabledpersons parking spaces are located abutting each other in whichcase each space shall be a minimum 34metres wide and 57metres long

ii Disabled Packing Space Requirement Table

iu1k fk f g i iyp QsAs

Y

ap

ParCin spg l Gla Fersonat

s

1 to 25 126 to 50 251 to 75 g

76 to 100 q101 to 150 5151 to 200 g201 to 3D0 7301 to 400 g401 to 500 g501 to 1000 - 2 of total

21 spaces plus 1 space for everygreater than 1000 additional 100 spaces or part

thereof over 1000 arkin s acesNursing homes retirement homes hospitals medical and dental clinics shall providetwice the number of Disabled Persons Parking Spaces as shown in the cclumnabove

f By adding anew Section316c as follows

c PARKING SPACE SIZES

i Each parking space shall be a minimum of 57m by 275 m

ii Where the two outdoor parking spaces for single detached semi-detached andor townhouse units are provided side by side thecombined minimum width of the two spaces may be reduced to 46m provided that the minimum landscaped open space within thefront yard is 30 percent

iii Parking space size perpendicular to a landscaping strip having aminimum width of30metres may be reduced in size to 52metresin length by 275 metres in width

g By adding a new Section 316d as follows

d PARKING AISLE REQUIREMENTS

Each aisle shall be a minimum width of60m for two-way traffic and45m forone-way traffic

h By adding a new Section 316eas follows

e PARKING OFF-SITE

Notwithstanding Section 316a where parking spaces are provided in a

location otherthan on the same lot as the use requiring such spaces theyshall be located not more than 150 metres from the same lot and shall belocated within the same zone as the said lot

-3-

i By adding a new Section3161 as follows

I BICYCLE PARKINGi 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 C5C6 or C9 zone or any exception zonethereto

ii Any commercial establishment with a floor area greater than5000square metres in a C1 C2 C3 C5 C6 or C9 zone or anyexception zone thereto shall provide an indoor bicycle parkingfacility for employees Minimum off-street parking requirements formotor vehicles contained within the Parking Space RequirementTable may be reduced by one space for every three bicycle spacesprovided within an indoor bicycle parking facility The floor area ofan indoor bicycle parking facility shall not be considered for thepurpose of calculating parking requirements or total floor area ofthe building

By amending all cross references to Section 316 contained within By-law84-63 as amended to correspond with revised subsection numbering

2 This By-Law shall come into effect on the date of the passing hereof subject tothe provisions of Section 34 of the Planning ActRSO1990 cP13

By-Law read a first time this 1 day of M826h2006

By-Law read a second time this 1 day of Macon 2006

By-Law read a third time and finally passed this i day of Macon 2006

John M tton Mayo-

atti arc Municipal Clerk

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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON

BY-LAW N02006 - oar

being a By-law to amend By-law 84-63 respecting certain lands in the

Bowmanville West Town Centre

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

expedient to amend 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

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

1 By repealing the text of Sections 16514and replacing it with the following new

text

16514 GENERAL COMMERCIAL EXCEPTION C1-14 ZONE

Notwithstanding Sections313 316 181and 163of By-law 84-63 thoselands zoned C1-14 shall only be used and any buildings or structures thereonshall only be constructed and used in accordance with this By-law and thefollowing definitions and zone regulations

a For the purpose of this Section the term

i Bank kiosk shall mean a financial office with a floor area of 50square metres or less

ii Business establishment shall mean a building which contains anyone or more ofthe permitted uses on lands zoned C1-14

iii Business establishment street fayade shall mean the portion oftheexterior wall located between finished grade and the level which is 3metres above finished grade of a business establishment which wallfaces a public street or a private street shown on Schedule 3 to By-law 84-63

iv Department store shall mean a retaiVcommercial establishmentcontaining a minimum of5000 square metres of leasable total floorarea organized into a number of individual departments and primarilyengaged in the sale to the public of a wide variety of commoditiesincluding clothing hardware home furnishings and householdappliances

v Garden Centre shall mean a building or part of a building a

structure or part ofa structure and land for the displaying and sellingof flowers plants shrubs trees or similar vegetation and relatedgarden supplies for retail sale but shall not include a nursery thestorage or sale of motorized equipment or the bulk storage ofsandgravel soil fertilizers or similar material

vi Street entrance shall mean one of the principal entrances to eachbusiness in a business establishment which shall have a minimumheight of 21metres and a minimum width of09metres and shall be

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located in the part of the business establishment street facade whichis at or within 02metres above or below finished grade providedthat the street-related entrance shall be recessed from the businessestablishment street facade a minimum of 10metres

b Permitted Residential Uses

No residential dwelling units are permitted to be constructed or used

c Permitted Non-Residential Uses

A shopping centre containing a maximum of17000 square metres of totalfloor area may be constructed or used for any one or more of the followingpurposes

i assembly hall

ii bakery shop

iii business professional or administrative office provided that suchoffice shall be located in a second storey or greater of any building

iv convenience store

v day nursery

vi department store

vii dry cleaners distribution centre

viii eating establishment with no vehicular drive-through service

ix eating establishment-take out

x financial office

xi garden centre or seasonal garden centre accessory to a departmentstore or supermarket

xii medical or dental clinic provided that such clinic shall be located ina second storey or greater of any building

xiii place of entertainment

xiv printing or publishing establishment

xv private club

xvi retailcommercialestablishment

xvii service shop personal

xviii supermarket and

xix veterinary clinic

d Notwithstanding Section 16514c x no more than two 2 financialoffices with the exception of bank kiosks may be constructed and usedon lands zoned as follows Ct-14 C8-1 C8-2 C8-3 CS-4 Cg-1 Cg-2Cg-3 and Cg-4

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e Regulations

i No building may be used on any one or more portions of the landszoned C1-14 for the purposes of one or more of the permitted non-

residential uses listed in Section 16514of the By-law unless a

department store which contains at least 6500 square metres oftotal floor area is constructed and operated on the lands zoned C1-14

ii A maximum of 17000 square metres of total floor area may beconstructed and used

iii Location of building from the southerly limit of Highway No 2 andeasterly limit of Green Road minimum 3 metres

iv Location of building from the westerly limit of Clarington Boulevard aminimum of05metres and a maximum of30metres

v Location of building from the northerly limit of PrinceWilliam Boulevard minimum 5 metres

vi Landscaped open space minimum 20 percent

vii Height of building maximum 4 storeys

viii Loading spaces minimum 5

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

x All entrances used or intended to be used by the public to accesseach business in a business establishment shall be located in anexterior wall of the business establishment and for greater claritysuch access shall not be achieved through an enclosed pedestrianmall

xi Parking space dimensions minimum 28 m width55m length

xii Notwithstanding Section 16514c a portion of the parking arealocated on the lot which contains not more than 500 squaremetres and is enclosed by a temporary fence and one or maregates may be used for the purposes of seasonal garden centre fornot more than a total of 90 days each calendar year and

xiii The seasonal garden centre permitted by 16514exii shall notinclude the storage or sale of motorized equipment and is notrequired to provide parking spaces in accordance with Section316a of this By-law

2 By repealing the title and text of Section 22A and by replacing it with a new titleand text of Section 22A as follows

22A LARGE FORMAT COMMERCIAL C8 ZONE

22A1Section 22A applies to lands zoned CB or any C8 exception zone unlessotherwise specified

a For the purpose ofSection 22A the term


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ii Business establishment shall mean a building which contains anyone or mare of ttre permitted non-residential uses within the CSzone

iii Street entrance

a For stores with a total floor area of2500 square metres ormore shall mean one of the principal entrances to a businesswhich shall have a minimum height of 21 metres and aminimum width of30metres and shall be located in the part ofthe business establishment street fapade which is at or within02metres above or below finished grade

b For stores with a total floor area less than2500 square metresshall mean one of the principal entrances to a business whichshall have a minimum height of 21 metres and a minimumwidth of 09metres shall be located in the part of the businessestablishment street fapade which is at or within 02metresabove or below finished grade and shall be recessed from theexterior surface of the business establishment street fapade aminimum of 10 metre and a maximum of 30metres

iv Business establishment street fapade shall mean the portion oftheexterior wall of a building which wall faces a street shown onSchedule 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 orservices either wholly or in part through a window or an automatedmachine to customers remaining in motor vehicles which arelocated in a stacking lane A drive-through facility may beestablished in combination with other permitted non-residentialuses

vi Garden Centre shall mean a building or part of a building astructure or part of a structure and land for the displaying andselling of flowers plants shrubs trees or similar vegetation andrelated garden supplies and equipment for retail sale but shall notinclude a nursery or the bulk storage of unpackaged sand gravelsoil fertilizers or similar material

vii Large format retail store shall mean a building or part of abuildinghaving a minimum total floor area of 2500 square metres andcontaining non-residential uses permitted by Section 22A2operated individualty or in combination

viii Primary business establishment street facade shall mean abusiness establishment street facade containing the principalentrance to a business establishment

ix RetailCommercial establishment shall mean a building or part ofa building in which goods wares merchandise substancesarticles or services are offered or kept for sale at retail or on a rentalbasis but shall not include any class of commercial establishmentotherwise defined in Section 2

x Medium format retail store shall mean a building or part of abuilding operated or intended to be operated as a single retail orservice business having a minimum of1000 square metres and amaximum of2500 square metres of total floor area and containingnon-residential uses permitted by Section 22A2

xi Stacking lane shall mean a queuing lane for motor vehicles whichis located on the same lot as the drive-through faclity and which is

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separated from other motor vehicle traffic on the same lot bybarriers or curbs

xii Street shall mean any public street future public street or futureprivate street shown on Schedule 3 to By-law 84-63

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

22A2Permitted Uses

No person within the Large Format Commercial C8 Zone shall use any landor erect after or use any building or structure except as specified in thisSection Section 22A3and the applicable provisions of Section 22A4

a Residential Uses

Not Permitted

b Non-Residential Uses

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

i assembly hallii a bank kioskiii beer liquor or wine retail outletiv business professional or administrative office on the second floor

or higher of a buildingv day nursery on the second floor or higher of a buildingvi dry cleaners distribution centre

vii eating establishmentviii fitness centre which may include an ancillary child care centre on

the second floor or higher of a buildingix garden centre

x medical or dental clinic on the second floor or higher ofa buildingxi optometrist clinic ancillary to an optical sales establishmentxii place of entertainmentxiii private clubxiv retailcommercial establishment

xv school commercialxvi service shop lightxvii service shop personalxviii supermarketxix tavern andxx theatre

c Notwithstanding the provisions of Section 22A2b prohibiting theconstruction and use of any building or structure for any purpose otherthan a large format retail store or a medium format retail storebuildings containing a minimum of 250 square metres may beconstructed and used on lands zoned C8 for any of the followingnon-residential purposes

i eating establishment and

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ii eating establishment with adrive-through facilityd 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 forthe following purposes

i outside display area or

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

22A3Regulations for Non-Residential Uses

a Yard Requirements

i A large format retail store on a lot which abuts a public street or afuture public street shown on Schedule 3 to By-law 84-63 shallhave a yard between the facing wall of the building and the limit ofthe public street or future public street which has a yard width of aminimum of 3 metres and a maximum of 6 metres

ii A medium format retail store or a building containing a use

permitted by Section 22A2c which is located on a lot whichabuts a public street or a future public street shown on Schedule3 to By-law 84-63 shall have a yard between the facing wall ofthebuilding and the limit of the public street or future public streetwhich has a yard width of a minimum of 3 metres and a maximumof 5 metres

iii A building located on a lot which abuts a future private streetshown on Schedule 3 to By-law 84-63 shall have a yard whichabuts the limit of the future private street with a yard width of aminimum of 2 metres and a maximum of 5 metres

iv A building located on a lot with a lot line which abuts a residentialzone boundary shall have a yard abutting the lot line with aminimum yard width of 10 metres and

v A building located on a lot with one or more lot lines which are notdescribed in 22A3a ito iv inclusive shall have a yardabutting each lot line with a minimum yard width of 5 metres

b Building Facade Materials

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

Type of UsePrimary Business

Establishment StreetFa de

Any Other BusinessEstablishment Street

FacadeLar aFormat Retail Store 20h 10Medium Format Retail Store 40 10Eatin Establishment 40 10

ii Notwithstanding Section 23A3bitransparent or opaque glassmay be used on any building facade which is not a primarybusiness establishment street facade

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c Articulation of Building Facades

i Business establishment street facades greater than 30 metres inlength measured horizontally shall incorporate a combination ofwall plane projections and recesses which shall have a minimumdepth or projection of not less than 10metre for the full height ofthe business establishment street fapade and shall extend aminimum of 20 of the length of the business establishmentstreet facade measured horizontally No uninterrupted length ofa wall plane of any business establishment street fapade shallexceed 30 metres in length measured horizontally and

ii Where abusiness establishment street fapade is greater than 30metres in length measured horizontally the roofline of thefacade being the top edge of the facade or where there is a

parapet wall the top edge of the parapet wall shall incorporate atleast one variation in height for each 30 metres in length or partthereof of the building establishment street facade such that twoadjacent sections of the roofline shall have a difference in heightmeasured relative to each other of at least 12 metres Thecombined length of the sections of the roofline that provide for theaforesaid variation in height shall comprise a minimum of 20 oftotal length of the roofline

d Street Entrances

At least one street entrance for each business shall be located in abusiness establishment street facade of a business establishmentprovided that if the business establishment has more than onebusiness establishment street fapade no more than one businessestablishment street entrance is required

e Screening of Rooftop Mechanicals

Notwithstanding Section 310where a building has a flat finished roofcontaining rooftop mechanical heating ventilation or air-conditioningstacks or vents to serve the building the building must have either

i A solid parapet wall with a minimum height of 15metres abovethe finished elevation of the roof which extends around the entireperimeter of the roof or

ii A solid parapet wall or an architectural element or featureintegrated with the building extending above its roofline which willprevent rooftop mechanical heating ventilation and air-conditioning stacks or vents from being viewed from a height of18 m above the average height of that section of the curb onHighway No 2 located on the same side of the street as thebuilding between the intersection of the projections of the eastand west walls of the building and Highway No 2 The height ofthe solid parapet wall or integrated architectural element orfeature shall be extended consistently around the entire buildingto provide the same level of screening on all sides

f Screening of Loading Spaces

A required loading space shall be screened from adjacent streetshown on Schedule 3 to By-law 84-63 by a wall constructed of thesame materials as the business establishment street facade andhaving a minimum height of 5 metres measured from finished gradeand a minimum length of 110metres

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g Landscaping

i Landscaped Open Space minimum 10 percent

ii A minimum 30metre wide sidewalk located in whole or in partwithin a street allowance or privately owned lands or acombination thereof shall abut the primary businessestablishment street fapade of all buildings containing one ormore business establishments

iii Where the boundary of a C8 zone or any C-8 exception zonecoincides with or abuts a residential zone boundary a

landscaping strip with a minimum width of 30metres shall beprovided on the lot within the CS zone or within any C8 exceptionzone thereto

iv All parking areas drive aisles in or to parking areas and stackinglanes shall be separated from abutting streets shown onSchedule 3 to By-law 84-63 by a landscaping strip having a

minimum width of 30metres which shall be continuous exceptfor breaks to accommodate vehicular access to drive aisles

v Within a parking area every row of parking spaces shall abut ateach of its ends a landscaping strip 45metres in length and 25metres in width and

vi Within each row containing 25 or more parking spaces anintermediate landscaping strip 45 metres in length and 25metres in width shall be provided

h Parking

i Notwithstanding Section 316 c parallel parking is permitted on afuture private street shown on Schedule 3 to By-law 84-63provided that each parallel parking space shall have a minimumwidth of275 metres and a minimum length of 70metres

ii No motor vehicle parking space or drive-aisle to a parkingspace shall be located between a building and a street lineand

iii Notwithstanding the provisions of Section 316 a of this By-lawthe number of parking spaces that shall be provided on a lot shallbe as follows

Use Number of Parking SpacesRe wired

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 oftotal floor area or any portionthereof1 parking space for each 20

eating establishment square metres or any portionthereof of total floor area

eating establishment 12 parking spaces for each 100restaurant with adrive- square metres or any portionthrow h facil thereof of total floor area

1 parking space for each 30other drive-through facility square metres or any portion

thereof oftotal floor area

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Drive-Throughs

Where adrive-through facility is permitted the following requirementsshall apply

i A stacking lane shall be provided and maintained on the lot onwhich the drive-through facility is located which shall have aminimum length of 72 metres a minimum width of 3 metres andany entrance to d shall be located a minimum of 18 metres fromthe limit of a street or shown on Schedule 3 to By-law 84-63

ii No part of a stacking lane shall be so located that at any time anymotor vehicle which uses it may block impede or intertere withthe use of any parking space required to be provided on the lot onwhich the drive-through facility is located

iii No portion of the stacking lane shall be located between abuilding and a street line and

iv Notwithstanding Section 22A3iiadrive-through facility whichis not an eating establishment with adrive-through facility ispermitted to be constructed and used on a lot if it satisfies theother provisions of this By-law and a stacking lane is provided andmaintained on the lot which has a minimum length of 24 metresa minimum width of 3 metres and any entrance to it is located aminimum of 18 metres from the limit of a public street or futurepublic street shown on Schedule 3 to By-law 84-63

Garden Centre

i Notwithstanding 22A2d a garden centre facility having amaximum area of 600 square metres that is roofed and enclosedon all sides but which has a portion of its enclosure exposed tothe elements and which abuts a large format retail store may beconstructed and used provided that it is not used for the purposeof storage of empty pallets containers storage units refuseandorany thing that is not integral to a garden centre and

ii The area of the garden centre permitted by clausejiof thisSection shall be excluded from the calculation of the maximumtotal floor area provided that parking for the area of the gardencentre is provided in accordance with the provisions ofthe by-law

k Seasonal Garden Centre

i Notwithstanding Sections 22A2d and 22A3jia portion ofthe parking area located on the lot which contains not more than500 square metres and is enclosed by a temporary fence and oneor more gates may be used for the purposes of seasonal gardencentre as accessory to apermitted use for not more than a total of90 days each calendar year and

ii The seasonal garden centre permitted by 22A3kishall notinclude the storage or sale of motorized equipment and is notrequired to provide parking spaces in accordance with Section316 a of this ey-law

Other

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i Any building located in aC8 zone ora C8 exception zone shall bedeemed not to be a shopping centre for the purposes of this by-law

22A4SPECIAL EXCEPTIONS LARGE FORMAT COMMERCIAL fC81 ZONE

22A41LARGE FORMAT COMMERCIAL EXCEPTION IC8-11 ZONE

a Notwithstanding Section 22A2 in addition to the uses permitted in a C8zone one motor vehicle service station may be constructed and usedwithin a large format retail store

b In addition to the regulations contained in Section 22A3 the followingadditional regulations shall apply to the lands zoned C8-1

i The maximum total floor area that may be constructed and usedwithin the C8-1 zone is 14030 square metres

ii A minimum of 80 of the total floor area constructed or used onthe lands zoned C8-1 must be located within large format retailstore and

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

c None of the provisions of Sections 316 e22A3aiand iii b andcihiiand iii jiand ii and kishall apply to prohibit theconstruction or use of a building or structure in a C8-1 zone for a purposepermitted in a C8 zone provided that following regulations are compliedwith

i The minimum yard requirement for a building from BoswellDrive shown on Schedule 3 to By-law 8463 shall be 5 metresand the portion of the yard outside of the required 15 metre

landscaping strip may be used for parking spaces and driveaisles

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

iii A minimum of 10 of the primary business establishment streetfacade shall be constructed of transparent glass and no portionof any other business establishment street fagade is required tobe constructed of glass

iv The primary business establishment street facade shallincorporate a combination of at least two 2 wall planeprojections and recesses extending the full height ofthe buildinghaving a minimum depth or projection of 20 metres andextending a minimum of 20 of the length of the primarybusiness establishment street fagade measured horizontally

v The garden centre shall not exceed 900 square metres

vi The seasonal garden centre shall not exceed 875 squaremetres

vii An outdoor display area accessory to a permitted use ispermitted in an 80 square metre area in the vicinity ofthe mainentrance to the building provided there is no display of building

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materials empty pallets containers storage units refusecontainers or large equipment

viii Parking shall be provided in accordance with the provisions ofSection 22A3h iii except that the maximum number ofparking spaces for a large format retail store or medium formatretail store shall be calculated at a rate of 1 space per 19square metres

ix An indoor bicycle parking facility for employees shall not berequired

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

xi Lands zoned CB-1 may be used to accommodate a portion ofthe required parking spaces for a legally permitted use in an

abutting C9-2 zone

22A42LARGE FORMAT COMMERCIAL EXCEPTION C8-21 ZONE

a Notwithstanding Section 22A2b in addtion to the uses permitted in aC8 zone a building or structure may be constructed and used for thepurpose of one motor vehice fuel bar and one motor vehicle wash onlands zoned C8-2

b Notwithstanding Section 22A2bthe only garden centre permitted is aseasonal garden centre

c In addition to the regulations contained in Section 22A3 the followingadditional regulations shall apply to the lands zoned C8-2

i The maximum total floor area wkhin the C8-2 zone is 16525square metres

ii The seasonal garden centre shall not exceed 1400 squaremetres

iii A motor vehicle fuel bar and motor vehicle wash shall have ayard with a yard width of a minimum of 5 metres from a streetshown on Schedule 3 to By-law 84-63

iv The stacking lane required for the motor vehicle wash shall havea minimum length of 72 metres a minimum width of 3 metresand an entrance to it that is located more than 18 metres from anyportion ofthe limit of astreet shown on Schedule 3 to By-law 84-63 and

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

d None of the provisions of Sections 316 e 22A3aiand iii b cdih shall apply to prohibit the construction or use of a building orstructure for a purpose permitted in a C8 zone provided that followingregulations are complied with

i The minimum yard requirement for a building from a publicstreet shall be 5 metres

ii There shall be no minimum yard requirement for a large formatretail store business establishment street fayade from a future

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private street shown on Schedule 3 to By-law 84-63 providedthat

a The portion of the business establishment street fagadelocated between grade and an elevation of28metres abovegrade shall be located no closer than 3 metres from thenorth limit from the adjacent future private street and

b The portion of the business establishment street fagadelocated between an elevation of 28metres above gradeand an elevation of80metres above grade shall be locatedoutside the limit of theadjacent future private street

ii A minimum of20of the primary business establishment streetfagade and 10 of any other business establishment streetfagade shall be constructed oftransparent glass

iv A primary business establishment street facade shallincorporate a combination of two 2 wall plane projections orrecesses having in combination a minimum projection or depthof 50metres and extending a minimum of 16 of the length ofthe primary business establishment street fagade measuredhorizontally

v A business establishment street facade facing Green Roadshall incorporate at least one 1wall plane projection or recess

extending the full height of the building above finished gradewhich shall have a minimum projection or depth of 10metresand shall extend a minimum of 30 of the length of thebusiness establishment street fagade measured horizontally

vi The roofline of a primary business establishment street facadebeing the top edge of the facade or where there is a parapetwall the top edge of the parapet wall shall incorporate at leasttwo 2 variations in height such that for each such variation inheight two adjacent sections of the roofline shall have a

difference in height measured relative to each other of at least30metres The combined length of the sections ofthe rooflinethat provide for the aforesaid variation in height shall comprisea minimum of20 oftotal length of the roofline

vii The outdoor display and sale at retail of goods permitted to besold in a large format retail store shall be permitted under aroofed area created by a canopy or other building projectionlocated between two 2 street entrances of the businessestablishment street fagade of a large format retail storeprovided that the storage or sale of motorized equipment thestorage and display of merchandise on pallets the storage ofempty pallets containers storage units refuse and any thingnot required for the display and sale of merchandise shall notbe permitted

viii An indoor bicycle parking facility for employees shall not berequired

ix Parking shall be provided in accordance with the provisions ofSection 22A3h iii except that the maximum number ofparking spaces for a large format retail store or medium formatretail store shall be calculated at a rate of 1 space per 19square metres and

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x Lands zoned C8-2 may be used to accommodate a portion ofthe required parking for a legally permitted use in an abuttingCg-2 zone

22A43LARGE FORMAT COMMERCIAL EXCEPTION C8 312ONE

a In addition to the regulations contained in Section 22A3 the followingadditional regulations shall apply to the lands zoned C8-3

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

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

b None of the provisions of Sections 316e 22A3aiand ii shall applyto prohibit the construction or use of a Large Format Retail Store orMedium Format Retail Store for a purpose permitted in a C8 zoneprovided that following regulations are complied with

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

ii A Large or Medium Format Retail Store shall have a yard with ayard width of aminimum 10 metres from a public street

iii A Large or Medium Format Retail Store shall have a yard with ayard width of a minimum 2 metres from a future Private Streetshown on Schedule to this By-law

iv Adrive-through facility shall have a yard between the facing wall ofthe building and the limit of the public street or future public streetwhich has a yard width of a minimum of 3 metres and a maximumof 6 metres and

v Notwithstanding Section 316 e lands zoned C8-3 may be used toaccommodate a portion of the required parking fora legallypermitted use in an abutting C84zone andorCg-4 zone

22A44LARGE FORMAT COMMERCIAL EXCEPTION C841ZONE

a Notwithstanding Section 22A2b only a Large Format HomeImprovement Store and a Garden Centre and Seasonal Garden Centreaccessory to a permitted use are permitted in a CS-4 zone

b For the purposes of this zone the following definitions shall apply

a Home Improvement Store is a facility specializing in the sale ofhome buildingdesign and garden products Goods offered for salemay include lumber lighting electrical and plumbing supplieshardware flooring window coverings roofing materialspaintwallpaper furniture and appliances seasonal items lawn andgarden supplies and indoor plants A tool rental centre fast foodkiosk which is not adrive-through facility and do-it-yourself trainingfacilities are permitted as accessory uses in a home improvementstore and

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ii a Primary Business Establishment Stmt Fapade shall be definedas the building fagade of the large format building containing theprincipal entrance to a business establishment but not necessarilyfacing a street shown on Schedule 3 to By-law 64-63

c In addition to the regulations contained in Section 22A3 the followingadditional regulations shall apply to the lands zoned C8-4

i The maximum total floor area of the building that may beconstructed and used within the C8-4 zone is 9170 squaremetres

d None of the provisions of Sections316e22A2di22A3aiandiii b and ciand iijiand kishall apply to prohibit theconstruction or use of a building or structure permitted in a CS-4 zoneprovided that following regulations are complied with

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

ii A Large Format Retail Store shall have a yard with a yard widthof a minimum 3 metres and a maximum 60metres from a futurepublic street Stevens Road shown on a Schedule to this By-law

iii A Large Format Retail Store shall have a yard with a yard widthof a minimum 0 metres from a future private street shown on aSchedule to this By-law

iv A minimum of20kof the primary business establishment streetfacade shall be constructed oftransparent glass

v A minimum of 10kof the business establishment street facadeshall be constructed of glass and no portion of any otherbusiness establishment street fagade is required to beconstructed of glass

vi The primary business establishment street facade shallincorporate a combination of at least two 2 wall planeprojections and recesses one of which shall extend the fullheight of the building the other shall be at least 80 of theheight of the building having a minimum depth or projection of40metres and extending a minimum of15 ofthe length of theprimary business establishment street facade measuredhorizontally

vii Where a business establishment street fagade is greater than30 metres in length measured horizontally the roofline of thefacade being the top edge of the roof or where there is aparapet wall the top edge ofthe parapet wall shall incorporate avariation in height such that two adjacent sections of the rooflineshall have a difference in height measured relative to eachother ofat least08metres and there shall be at least one suchvariation in height for each 42 metres of the length of thebusiness establishment street fagade measured horizontally

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

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

ix A second storage area may be constructed and used for toolrentals provided the area does not exceed 40 square metres

x A garden centre facility having a maximum area of 1630 squaremetres that is partially roofed and enclosed on all sides butwhich has a portion of its enclosure exposed to the elementsand which abuts a large format retail store may be constructedand used provided that it is not used for the purpose of storageof empty pallets containers storage units refuse andor anything that is not integral to agarden centre

xi An outdoor display area accessory to a permitted use ispermitted in an 60 square metre area in the vicinity of the mainentrance to the building provided there is no display of buildingmaterials empty pallets containers storage units refusecontainers or large equipment

xii The seasonal garden centre referred to in Section 22A3k ishall have a maximum area of 930 square metres and

ivx Notwithstanding Section 316 e lands zoned C8-4 may beused to accommodate a portion of the required parking spacesfor a legally permitted use in an abutting C8-3 zone andorC9-0zone

3 By adding anew Section 22B with the title and text as follows

22B STREET-RELATED COMMERCIAL C9 ZONE

2281Section 22B applies to lands zoned C9 by this By-law or any C9exception zone unless otherwise specified

a For the purpose ofSection 228 the term


ii Business establishment shall mean a building which containsany one or more of the permitted uses within aC9 zone

iii Street entrance shall mean one of the principal entrances to abusiness establishment which shall have a minimum height of21 metres and a minimum width of 09metres and shall belocated in the part of the business establishment street fayadewhich is at or within 02metres above or below finished gradeand shall be recessed from the business establishment streetfaSade a minimum of 10metres and amaximum of30metres

iv Business establishment street fagade shall mean the portion ofthe exterior wall of a building which wall faces a street and in nocase shall be angled at more than 45 degrees from a streetshown on Schedule 3 to By-law 84-63

v Drive-through facility shall mean the use of land buildings orstructures or part thereof to provide or dispense products orservices either wholly or in part through a window or anautomated machine to customers remaining in motor vehicleswhich are located in a stacking lane Adrive-through facility may

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be established in combination with other permitted non-residential uses

vi Permitted comer fapade shall mean a portion of the businessestablishment street fapade which exceeds an angle of 135measured at the intersection of the wall plane of the coverfapade and the principal portion of the business establishmentstreet fapade

vii Primary business establishment street fapade shall mean abusiness establishment street fapade containing the principalentrance to a business establishment

viii Stacking Zane shall mean a queuing lane for motor vehicleswhich is located on the same lot as the drive-through facility andwhich is separated from other motor vehicle traffic on the samelot by barriers orcurbs

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

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

22B2Permitted Uses

No person within aStreet-Related Commercial Cg Zone shall use any landor construct or use any building or structure except as specified in thisSection Section 2283and the applicable provisions of Section 2284

a Permitted Residential Uses

Residential dwelling units are permitted to be constructed or used on thesecond floor or higher of a building containing permitted non-residentialuses

b Permitted Non-Residential Uses

i assembly hallii bakery shopiii beer liquor or wine retail outletiv business professional or administrative office on the second floor

or higher ofa building containing permitted non-residential usesv convenience storevi day nurseryvii dry cleaning distribution centreviii eating establishmentix financial office

x laundry-coin-operatedxi medical or dental clinic on the second floor or higher on the second

floor or higher of a building containing permitted non-residentialuses

xii place of entertainmentxiii printing or publishing establishmentxiv private clubxv retaiVcommercial establishment

-16-

xvi school commercial

xvii service shop personalxviii service shop lightxix tavern and

xx theatre

c For the purposes of clarity no portion of a building shall be used for anyof the following purposes

i Adrive-through facility and

ii An eating establishment with adrive-through facility

d Notwithstanding the provision of Section 2282bix no more than lwofinancial offices with the exception of bank kiosks shall be constructedand used on lands zoned C1-14 C8 or any C8 exception zone and C9 orany C9 exception zone

2283Regulations

a Store Size Restriction

Total floor Area of an individual business establishment shall be aminimum of 300 square metres and a maximum of 1000 square metres

b Yard Requirements

i A building on a lot which abuts a public street or a future public streetshown on Schedule 3 to By-law 84-63 shall have a yard between thefacing wall of the buildings and the limit of the street or streets inquestion which has a yard width of a minimum of 05metres and amaximum of35metres

ii A building on a lot which abuts a future private street shown onSchedule 3 to By-law 84-63 shall have a yard which abuts the limit ofthe future private street with a yard width of a minimum of 05metresand a maximum of30metres

iii Notwithstanding Section 2283b iand ii where a lot abuts morethan one of a public street future public street or future private streetshown on Schedule 3 to By-law 84-63 a building or structureconstructed or used on that lot is required to comply with the yardrequirements applicable to only one of the aforesaid public street orfuture public street

ivA building on a lot with a lot line which abuts a residential zoneboundary shall have a yard abutting the lot line with a minimum yardwidth of 15 metres

v A building on a lot with one or more lot lines which is not described inSections 2263a ito iv inclusive shall have a yard abutting eachlot line with a minimum yard width of5 metres and

vi Sections 2283b i and ii do not apply to the corner fapadeprovided that the corner fagade does not exceed 20 ofthe businessestablishment street fagade

c Building Heights

i Height ofbuilding containing non-residential uses maximum 3 storeys

17-

ii Height of building containing a combination of residential and non-residential uses maximum 6 storeys

d Building Fapade Matedals

i A minimum of 40hof the primary business establishment streetfacade located between finished grade and an elevation which is 3metres above finished grade which shall be constructed of transparentglass and

ii A minimum of 10 of any other business establishment street facadelocated between finished grade and an elevation which is 3 metresshall be constructed of transparent or opaque glass

e Street Entrances

i Buildings located on a lot abutting the street lines at the intersection ofany of the following intersections shall have a primary street entrancelocated in the business establishment street facade which faces theboundary of the sight triangle which is neither a street line or aprojection ofa street line used in forming the sight triangle

Highway No 2 and Green RoadHighway No 2 and Clarington Boulevard andorClarington Boulevard and Uptown Avenue

ii At least one street entrance for each business shall be located in abusiness establishment street facade of a business establishmentprovided that if the business establishment has more than onebusiness establishment street facade no more than one businessestablishment street entrance is required

iii Notwithstanding Section 2283e ii where a building contains threeor more individual business establishments only the buildingestablishments located at each end of the building are required toprovide a street entrance and

iv Notwithstanding Sections 2263e iand ii where an individualbusiness is located in a portion of a building in a manner where noportion of the individual business is located within 20 metres to astreet line no street entrance shall be required

f Canopies

50 of all the buildings within the zone and property limits shallincorporate as an architectural element of the building a canopy over theprincipal entrance to each business with a minimum depth of 15metresmeasured perpendicular to the face of the business establishment streetfacade and a minimum height of25metres above finished grade

g Building Articulation

A building having a business establishment street facade greater than 20metres in length measured horizontally shall incorporate for at least 20of its length a combination of wall plane projections and recesses havinga minimum depth or projection of060 metres for the full height of thebuilding above finished grade

h Screening of Rooftop Mechanicals

1g

Notwithstanding Section 310 where a building has a flat finished roofcontaining rooftop mechanical heating ventilation or air-conditioningstacks or vents to serve the building the building must have either

i A solid parapet wall with a minimum height of 15metres above thefinished elevation of the roof which extends around the entireperimeter of the roof or

ii A solid parapet wall or an architectural element or feature integratedwith the building extending above its roofline which will preventrooftop mechanical heating ventilation and air-conditioning stacks orvents from being viewed from a height of 18m above the height ofthe curb on Highway No 2 located on the same side of the street asthe building a distance of a 150 metres both to the east and west ofthe easterly and westerly walls of the building in question Theheight of the solid parapet wall or integrated architectural element orfeature shall be extended consistently around the entire building toprovide the same level ofscreening on all sides

i Screening of Loading Spaces

A loading space shall be screened from a street shown on Schedule 3 toBy-law 84-63 by a wall constructed ofthe same materials as the businessestablishment street facade and having a minimum height of 5 metresabove finished grade and a minimum length of 110metres measuredhorizontally

j Landscaping

i Landscaped Open Space minimum 10 percent

ii All parking areas shall be separated from abutting streets shown onSchedule 3 to By-law 84-63 by a landscaping strip having a minimumwidth of30metres

iii A minimum 30metre wide sidewalk located in whole or in part within astreet allowance or privately owned lands or a combination thereofshall abut the primary business establishment street facade of allbuildings containing one or more business establishments

iv Within a parking area every row of parking spaces shall abut at eachof its ends a landscaping strip 45metres in length and 25metres inwidth and

v Within each row containing 25 or more parking spaces anintermediate landscaping strip of45metres in length and 25metresin width shall be provided

k Parking

i No motor vehicle parking space or drive aisle to a parking spaceshall be located between a building and a street line

2264SPECIAL EXCEPTIONS STREET-RELATED COMMERCIAL C9 ZONE

22B41 STREET-RELATED COMMERCIAL EXCEPTION C9 11 ZONE

a Notwithstanding Section 2282b in addition to the uses permitted in theC9 zone one building may be constructed and used on the lands zonedC9-1 for the purposes of an eating establishment with drive-throughfacility

19

b In addition to the other regulations contained in Section 2283thefollowing additional zone regulations apply to the lands zoned Cg-1

Total FloorArea maximum 1580 square metres

c None of the provisions of Sections 316 e and 2263bishall apply toprohibit the construction or use of a building or structure for the purposepermitted in a C9 zone provided that the following regulations arecomplied with

iA building on a lot which abuts Clarington Boulevard shall have ayard which abuts it with a yard width of aminimum of 05metres anda maximum of 3D metres Buildings which abut Highway No 2other than those legally existing on December 12 2005 shall complywith the yard requirements specified in Section 2263bi

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

iii Notwithstanding Section 2263bia building on a lot which abutsa 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 buildingsand the limit of the street or streets in question which has a yardwidth of a minimum of05metres and a maximum of40metres

22642STREET-RELATED COMMERCIAL EXCEPTION IC9-21 ZONE

a In addition to the regulations contained in 2263 the following additionalzone regulations apply to the lands within the C9-2 zone

i Total Floor Area maximum 4000 square metres

ii Notwithstanding Section 316e lands in a Cg-2 zonemay be usedto accommodate a portion of the required parking for a legallypermitted use in an abutting CB-1 zoneor C8-2 zone

iii Notwithstanding Section 2283a a maximum of three 3 individualbusiness establishments with a total floor area less than 300square metres but greater than 100 square metres may beconstructed and used

22B43STREET-RELATED COMMERCIAL EXCEPTION fC9-31 ZONE



ii A publicly accessible square having a minimum area of 500 squaremetres shall be located immediately abutting the intersection ofHighway No 2 and Green Road Buildings abutting the publiclyaccessible square shall have a minimum separation betweenbusiness establishment facades of 9m

iii Notwithstanding Section 316e lands zoned Cg-3 may be used toaccommodate a portion of the required parking fora legallypermitted use in an abutting C8-3 zone andorCBS and

-20-

iv Notwithstanding Section 2283a a maximum of four 4 individualbusiness establishments with a total floor area less than 300 squaremetres but greater than 100 square metres may be constructed andused

22844STREET-RELATED COMMERCIAL EXCEPTION C9-41 ZONE



ii Notwithstanding Section 316 e lands zoned C9-4 may be used toaccommodate a portion ofthe required parking for a legally permitteduse in an abutting Ci-7 zone

2 By amending Schedule 3 to By-law 84-63 as amended to correspond withSchedules A-1 A-2 A-3 and Ate attached to and forming part of this By-law

3 This By-Law shall come into effect on the date of the passing hereof subject tothe provisions ofSections 34 ofthe Planning Act RSO1990 cP13

By-Law read a first time this i day of March 2006By-Law read asecond time this 1

day of March2006

By-Law read a third time and finally passed this 1 day of March 2p06

-21-

This is Schedule A-1 to By-law 2006- 04

passed this i day of narn 2006 AD


passed this 1 day of March 2006 AD


passed this 1 day of March 2006 AD

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Coay ofResolution C

EndorsinE Concept Plan for Develoament

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RESOLUTION

The Council of the Corporation of the Municipality of Clarington hereby resolves that thefollowing drawings be endorsed in principle as the Concept Plan for Development of thelands owned by Halloway Holdings Limited subject to the submission and review ofdetailed plans and drawings under section 41 of the Planning Act

1 Plan prepared by Sernas Associates and Turner Fleischer Architects Incidentified as Drawing A-100 revised February 27 20062 Elevation Drawing for proposed Home Depot store prepared by prepared byTurner Fleischer Architects Inc identified as Drawing A30 revised January 32006 and

3 Elevation Drawing prepared by Tumer Fleischer Architects Inc idented asDrawing A70 revised December 20 2005

SCHEDULEE

Copy of Stevens Road Extension Agreement

Attached

STEVENS ROAD EXTENSION AGREEMENT

THIS STEVENS ROAD EXTENSION AGREEMENT made as of the ls day of

Mazch 2006

BETWEEN

PLAYERS BUSINESS PARKLTD and

hereinafter calledPlayersWEST DIAMOND PROPERTIES INC

hereinafter called West Diamond

Both collectively hereinafter called Players-West Diamond

OF THE FIRST PART

-and-


hereinafter called Halloway

OF THE SECOND PART

- and -




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

Municipalitysproposed Official Plan Amendments 43 and 44 OPA 43 and OPA44 OPA

43 and OPA 44 were adopted by the Municipalitys Council at its meeting on March 1 2006

These lands aze designated General Commercial and Street-Related Cornmercial by OPA 44

-2-

They are referred to individually as the OwnersCommercial Lands and collectively as the

Owners Commercial Lands Copies of OPA 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 Owner

26612-0113 Players

26612-0114 West Diamond

26612-0024 Players

26613-0106 Halloway

26613-0107 Halloway26613-0033 Halloway

26613-0034 Halloway

26613-0035 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 ofUnderstanding

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 ofUnderstanding

-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 Owners

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

MunicipalitysZoning 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 22A1aviwhich 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 Municipalitys Council at its meeting on

March 1 2006


TWO DOLLARS 200 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

-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 Crreen 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 andor 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 ofthe Stevens Road Extension

CONSTRUCTION OF MUNICIPALLY-FUNDED SECTION OF

STEVENS ROAD EXTENSION FROM DURHAM ROAD 57 TO CLARINGTON 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 costofthe 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 ofthe Owners Commercial

-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 of2600 squaze metres of Total Floor Area on any portion

of the Owners Commercial Lands and waives its right to terminate the Principles of

Understanding which it has executed with the Municipality

COST OF CONSTRUCTION OFDEVELOPER-FUNDED SECTION

4 The parties acknowledge that the current estimated cost of construction of the section of

the Stevens Road Extension between Clarington Boulevazd 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

59613600 Dollazs 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 32164400 Dollazs 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 Chereto

OWNERS PAYMENTS TO BE SECURED BY PERFORMANCE GUARANTEE

5 The performance guazantee 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

letters ofcredit issued by a bank listed in Schedule Ior IIof the Bank Act in a form and

containing terms and conditions that are acceptable to the Municipalitys Director of

Finance The amount of each Owners Performance Guarantee shall be as provided for in

this Agreement and shall be adjusted from time to time as provided in this Agreement

-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 aLarge

Format Retail Store is permitted such Owner the Initiating Owner shall give written

notice the First Notices 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 RespondingOwner 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 ofthe 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 ofthis Agreement

--

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 of this 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 ofthe costs

ofupgrading 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 Owners

Commercial Lands ofthe 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 Municipalitys 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

-8-

andor 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 andor the Rural to Urban Upgrade Works

and the amount of each Owners 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 andor 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

b If the Municipalitys 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 ofthe increase in the Urban Profile Works Cost Estimate within thirty

30 days ofsuch notice

c If the Municipalitys Director of Engineering Services provides to an Owner

written notice ofa 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 Guazantee 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 maybe within thirty 30 days of such notice

-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 MunicipalitysDirector 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 Municipalitys

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

thereofpursuant to pazagraph7 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 maybe As-Constructed Payment If the as-constructed costs are determined by

the MunicipalitysDirector 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 of the 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 maybe

MUNICIPALITY TO CONSULT WITH OWNERS

12 The Municipality will consult with the Owners or their consulting engineers in respect of

the design of and prepazation 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

-lo-

hours of the Municipality at a time to be arranged with the MunicipalitysDirector 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 ofUrban Profile

Works and shall pay fifty per cent 50 of each such cost incurred from

the Performance Guarantees andor 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 Municipalitys 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 andor certified progress certificate in respect of such

costs

-11-

CONSEQUENCES 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 Owners 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-West-

Diamond andor 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 ofPlayers-West Diamond and Halloway under this Stevens Road

Extension Agreement are several and not joint or joint and several

-12-

CONDITION TO CONSENT TO DIVIDE OR APPROVAL 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 aportion 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 Guazantees 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 of21 years or more either ofthe whole or any one

or more portions of the Owners 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 any one or more portions of such lands that each

proposed transferee mortgagee chazgee 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 their

obligations and covenants provided for in this Agreement Assumption

Agreemenf Where amortgage charge lease assignment of lease or sublease of

a leasehold interest is given by way of security for financing then such mortgagee

-13-

chazgee lessee assignee or sub-lessee thereunder shall not be bound to assume

Players West Diamonds Halloways or an assuming parrys Assuming

Party as the case may be obligations and covenants unless and until such

mortgagee chazgee lessee assignee or sub-lessee takes possession or control of

the property pursuant to such security Where the obligations and covenants ofa

party to this Agreement other than the Municipality have been assumed

unconditionally by atransferee lessee assignee or sub-lessee as the case maybe

who has acquired all or a portion of the Owners 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

b 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 MunicipalitysSolicitor acting reasonably

requires made pursuant to section 118 of the Land Titles Act to restrict the

transfer charge or lease assignrnent of lease or sub-lease ofa leasehold in one of

the Owners 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 ofthat

fact prior to the date ofthe proposed transfer mortgage charge lease assignment

or sub-lease of a leasehold interest as the case may be provided that i the

provisions of pazagraph 19a aze satisfied and ii any necessary Assumption

Agreement has been made by the proposed transferee mortgagee chazgee lessee

assignee or sub-lessee as the case maybe

-14-

c On the deposit with the Municipality of the Performance Guarantees required in

paragraphs 7 or 8 and 9 whichever isare applicable paragraphs 19a and 19b

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

survey or 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

maybe

NOTICE


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

coWest Diamond Properties Inc

30 Floral ParkwayConcord ON L4K 4R1

Attention Mr Robert DeGasperis

and co Players Business Park Ltd

1700 Langstaff RoadSuite 2003

Concord ON L4K 3S3

Attention Mr Bruce Fischer

and HallowayHalloway Holdings Limited177 Nonquon Road

20 Floor

Oshawa ON L1G 3S2

-15-

OR

To the Municipality The Municipality of Clarington40 Temperance Street


Attention Director of Planning ServicesFax 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

430pm 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 anynotice 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

FoxcE MAaEURE

21 Force Majeure means any delay for the duration of the delay which is imposed byreason 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 ofwhich 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

-16-

affecting the performance of any of its obligations hereunder within thirty 30 days of

such lrnowledge

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 Understandingbetween 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 Understandingthat has not unwound or terrinated 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 paragraph22biand

ii the Owner respecting whose Principles of Understanding with the

Municipality have not unwound or terminated shall be responsible to pay

-17-

for the costs of constructing the Rural Profile Works pursuant to

paragraphs 8 10 andl 1 and on payment ofthe 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-half the cost of the Urban Profile Works

c If an Owners Principles of Understanding has unwound or terminated the

Municipality shall execute at that Owners 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 19c from the title to that OwnersCommercial Lands

d For the purposes of this paragraph 22 the Players-West Diamond Principles of

Understanding shall be deemed to have tenminated upon the delivery by Players-

West Diamond or the Municipality of a notice of termination in accordance with

the provisions of paragraph 23a 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 ofparagraph 22a of the Halloway

Principles ofUnderstanding

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 Owners 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 Owners Commercial Lands

-ls-

TERMINATION OF AGREEMENT

24 Without derogating from paragraph 22 and except pazagraphs 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 Municipalitys Director of Engineering Services pursuant to paragraph 11 Without

derogating from the provisions of paragraph 23 forthwith thereafter the Municipality

shall execute at the Ownerswritten request such documents prepared by that Owner as

are necessazy to remove the registration of this Agreement or Notice thereof and the

Notice under section 118 ofthe Land Titles Act referred to in paragraph 19c from the

title to that Owners 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

-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 fiuther

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 maybe executed in counterparts

-ZO-

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

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

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

SIGNED SEALED AND

DELIVERED

In the presence of

THE CORPORATION OF THEMUNICIPALITY OF CLARINGTON

John

Clerk

WEST DIAMONDIPERTIES INC

Name

ITitle

Name fI

Title

PLAYERS BUSIDINIS 1BARK LTD

Name Title

Name Title

HALLOWIiO GSB LrM i 7pn

Name l01 J71UNTitle

Name Title

SCHEDULE A

Develouer-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 lm depth3 Granular A 150mm

4 Granular B 450mm5 40mm HL3

6 80mm HL8

7 Curb and Gutter

8 5ubdrain

9 Storm Sewer Pipe

10 Catch Basins

11 Catch Basin Leads

12 Storm Sewer Manholes

13 Contingencies

14 Design

15 Contract Administration

Streetscape

1 Decorative Street Lights

2 Concrete Sidewalk

3 Concrete Sidewalk2Om Width

4 Topsoil

5 Trees

6 Contingencies

7 Design8 Contract Administration

SCHEDULE B

Developer-Funded Section of

Stevens Road Extension -Rural Profile

The term Rural Profile means the following

Roads and Storm Sewers

1 Site Preparation2 Earth Excavation lm depth

3 Granular A 150mm

4 Granular B 450mm

5 40mm HL3

6 80mm HL8

7 Storm Sewer Pipe8 Catch Basins

9 Catch Basin Leads

10 Storm Sewer Manholes

11 Contingencies12 Design13 Contract Administration

Streetscape

1 Decorative Street Lights

2 Topsoil and Sod

3 Contingencies4 Design5 Contract Administration

SCHEDULE C

Urban Profile Works Cost Estimate

and

Rural Profile Works Cost Estimate

Attached

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21-Se -05


BOWMANVILLE WEST MAIN CENTRAL AREA

UNIT COST PER METRE TO CONSTRUCT STEVENS ROAD9Sm WIDTH URBAN SECTION

item Spec Gescri tion of Item Estimated Unit Unit Price Total

No No Quanti

ROADS STORM SEWERS

1 SITE PREPARATION ---- ----- 1000

2 0 EARTH EXCAVATION Im depth 1090 CUM 800 8720

3 GRANULARA150mm 376 T 1800 6772

4 GRANULARB450mm 1187 T 1200 14244

5 0 40mm HL3 102 T 6500 6657

6 SOmm HL8 205 T 5700 11675

7 CURB GUTTER 200 M 4500 9000

8 SUBDRAIN 200 M 1000 2000

9 STORM SEWER PIPE 067 M 200D0 13400

10 CATCH BASINS 003 EA 180000 4824

11 CATCH BASINS LEADS 013 M 12500 1591

12 STORM SEWER MANHOLES 002 EA 400000 6700

TOTAL ROADS STORM 86582USE 90000

Contin encies 1000 8658

Design 700 6061

Contract Administration 1000 8658

TOTAL ROADS AND STORM 109960Plus52006 CostEsimate 116000

21-Sep-OSMUNICIPALITY OF CLARINGTON


STEVENS ROAD STEETSCAPE TREATMENT -TYPE 1 -FULL TREATMENT

Item Spec Description of Item stimate Unit nit Pric Total

No No Quanti

STREETSCAPE

1 DECORATIVE STREET LIGHTS 003 EA 500000 16500

2 TREE GUARDS 000 EA 40000 000

3 TREE GRATES 000 EA 80000 000

4 BENCHES 000 EA 120000 000

5 TRASH RECEPTICALS 000 EA 80000 000

6 BIKE RACKS 000 EA 40000 000

7 SIGNAGE OOD LS ---- 000

8 CONCRETE SIDEWALK 200 M2 4500 9000

9 PRECAST PAVERS PEDESTRIAN 000 M2 8500 000

10 PRECAST PAVERS VEHICULAR 000 M2 9500 000

11 CONCRETE SIDEWALK 2Om WIDT 200 M2 4500 9000

11 TOPSOIL 112 M3 2000 2233

12 TREES 017 EA 45000 7435

SODDING 550 M2 250 1375

SUB-TOTAL STREETSCAPE CONSTRUCTION 45543

Contin encies 1000 4554

Design 700 3188


TOTAL STREETSCAPE 57839

Plus 52006 Cost Estimate 61000

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21-Sep-OS



UNIT COST PER METRE TO CONSTRUCT STEVENS ROAD RURAL ROADSECTION

Item

No

SpecNo

Description of Item Estimated

Quantity

Unit Unit Price Total

ROADS a STORM SEWERS

1 SITE PREPARATION --- ---- ---- 1000

2 0 EARTH EXCAVATION Im depth 1090 CUM 800 8720

3 GRANULARA15Dmm 376 T 1800 6772

4 GRANUTARB450mm 1187 T 1200 14244

5 0 40mm HL3 102 T 6500 6657

6 SOmm HL8 075 T 5700 4301

7 CURB GUTTER 000 M 4500 000

8 SUBDRAIN 000 M 100 000

9 STORM SEWER PIPE 020 M 20000 4000

10 CATCH BASINS 001 EA 180000 1440

11 CATCH BASINS LEADS 004 M 12500 475

12 STORM SEWER MANHOLES 001 EA 400000 2000

13 AUXILARY LANES AT INTERSECTI 000 M 22500 000

TOTAL ROADS STORM 49609USE 50000

Contingencies 1000 4961

Design 700 3473


TOTAL ROADS AND STORM 63003

PIOs 5 2006 CostEtimate 66500

21-Sep-OS

MUNICIPALITY OFtLARINGTON


STEVENS ROAD STEETSCAPE TREATMENT -RURAL ROAD SECTION

Item

No

SpecNo

Description of Item Estimated

Quantity

Unit Unit Price Total

STREETSCAPE

1 DECORATIVE STREET LIGHTS 003 EA 500000 16500

2 TREE GUARDS 000 EA 40000 000

3 TREE GRATES 000 EA 80000 000

4 BENCHES 000 EA 120000 000

5 TRASH RECEPTICALS 000 EA 80000 OOD

6 BIKE RACKS 000 EA 40000 000

7 SIGNAGE 000 LS -- 000

8 CONCRETE SIDEWALK 000 M2 4500 000

9 PRECAST PAVERS PEDESTRIAN 000 M2 8500 000

10 PRECAST PAVERS VEHICULAR 000 M2 9500 000

11 CONCRETE SIDEWALK2Om WIDTH 000 M2 4500 000

11 TOPSOIL SOD 1000 M2 500 5000

12 TREES 000 EA 45000 000

SODDING See Above 000 M2 250 000

SUB-TOTAL STREETSCAPE CONSTRUCTION 21500

Contingencies 1000 2150

Design 700h 1505


TOTAL STREETSCAPE 27305

Plus 52006 Cost Estimate 29000

SCHEDULE F

Cross-Section Drawings

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West Bowmanville Town CentrePrivate Street Cross Section Requirements

SEGMENT A King Street to first East-West driveway

20 metrerow this may be tapered down where the private street

intersects with a public street to the satisfaction of the Director of

Engineering Services

100m to 120m curb face to curb face

hard surface boulevards on both sides

trees to be planted 8 metre OCand setback 15 m from curb

light standards 40 metres OC on both sides of the road

SEGMENT B Between East-West driveways

20 metrerow100m to 120 m curb face to curb face

trees to be planted 8 metre OC and setback 15 m from curb

light standards 40 metres OCon both sides of the road

west side will include

i 20 metre wide sidewalk abutting parking spaces

ii 205metre landscaped boulevard containing street trees and shrubs

east side will include

i 405m wide landscape boulevard containing street trees and

enhanced landscaping providing screening of parking areas

SEGMENT C Second East-West driveway to Stevens Road

20 metrerow

100 m to 120 m curb face to curb face

combination of hard surface and landscaped boulevards on both sides as

approved by the Director of Planning and the Director or Engineeringtrees to be planted 8 metre OCand setback 15 m from curb except in

paved area providing access to the loading and service areas

light standards 40 metres OCon both sides of the road

SCHEDULEG

Terms and Conditions ofAgreement of Purchase

and Sale of Private Roads

Without derogating from paragraph 7 of these Principles the Agreement ofPurchase and

Sale arising from the exercise ofthe Option shall contain the following terms and conditions

L Taxes and rent shall be apportioned between the parties and allowed to the Complefion

Date as same maybe extended pursuant to the terms of this Schedule

2 The Municipality shall be pemutted until the Completion Date as same maybe extended

pursuant to the terms of this Schedule to search title to Private Road C Title to the

Private Road C 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 and

b any minor easements for the supply of domestic utility or telephone services to

the property or adjacent property

collectively Permitted Encumbrances

3 If within the time provided any valid objection to title is made in writing to the Vendor

or the Vendors 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 Vendors solicitor setting forth such extended Completion

2

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

Dates 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 Vendorstitle to Private Road C

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 aPlan ofExpropriation 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 Road C and shall be binding upon

the Vendors 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

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 any one or more such remedies independently or in combination

7 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 Municipalitysliability in respect of tax payable by the Owner under the non-

residencyprovisions of the Income Tax Act by reasons ofthe 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-

3

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

8 The TransferDeed save for the Land Transfer Tax Affidavit shall be prepared in

registrable form at the expense of the Vendor

9 Time shall in all respects be of the essence hereof provided that the time for doing or

completing any matter provided for herein maybe 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

10 Private Road C shall be and remain until completion at the risk of the Vendor

11 The Option and the completion of this transaction shall be governed by the laws of the

Province of Ontario

SCHEDULEH

Intentionally Deleted

SCHEDULEI

Indemnity Agreement

THI5 INDEMNITY AGREEMENT made as of the 1St day ofMarch 2006

BETWEEN

PLAYERS BUSINESS PARK LTD and

hereinafter called PlayersWEST DIAMOND PROPERTIES INC

hereinafter called West Diamonds

Collectively hereafter called Players-West Diamond

OF THE FIIZST PART

-and-


hereinafter called Halloway

OF THE SECOND PART

-and-




OF THE THIRD PART

WHEREAS

A At its meeting on March 1 2006 the Municipalitys 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

2

B The Municipalitys Council passed By-law 2006-052 to authorize the Mayor and

Municipal Clerk to execute this Indernnity Agreement on behalf of the Municipality


TWO DOLLARS 200 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 Municipalitys 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 Owners 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 Municipalityspolicy regarding costs Players-West

Diamond and Halloway will pay to the Municipality the Municipalitys

reasonable legal and consulting costs for any Ontario Municipal Board or Court

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 appeals 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 Municipalitys Director of Planning Services acting reasonably to be

reasonable attributable to the Ontario Municipal Board andor Court appeals of

the Players-West Diamond Planning Documents Halloway will be responsible

only for that portion of the costs of an appeals 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

Municipalitys Director of Planning Services acting reasonably to be reasonably

attributable to the Ontario Municipal Board or Court appeals of the Halloway

PlanningDocuments

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 byPlayers-

West Diamond and Halloway to the Municipality in the following proportions

Players-West Diamond 65and Halloway 35

c Costs referred to in paragraphs 2a and 2b 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 maybe 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 ofthe

4

Players-West Diamond Planning Documents Players-West Diamond shall pay the

Municipality 100 of the Municipalitysreasonable 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 Municipalitys reasonable legal and consulting costs In each

case the Municipalitys Director of Planning Services acting reasonably shall make the

determinations necessary to implement the intent of this paragraph 3 The provisions of

paragraph 2c 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 of Preparing and Reeisterina on Title

Principles of Understandin and Other Agreements

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 ofMarch 1 2006 and 100 ofthe reasonable costs ofpreliminazy

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 consulfing 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 1 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

5

Development as provided in the Halloway Principles It will also indemnify the

Municipality against 50of 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

6 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

Notice


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

coWest Diamond Properties Inc

30 Floral PazkwayConcord ON L4K 4R1

Attention Mr Robert DeGasperis

and coPlayers Business Park Ltd

1700 Langstaff Road

Suite 2003

Concord ON L4K 3S3

Attention Mr Bruce Fischer

and HallowayHalloway Holdings Ltd

177 Nonquon Road

20a Floor

Oshawa ON L1G 3S2

OR

To the Municipality The Municipality of Clarington40 Temperance Street


Attention Director of Planning ServicesFax 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 ofthis Agreement and if telefaxed or delivered prior to

430pmon any business day excluding Saturdays Sundays and statutory holidays

shall be deemed to have been received at the time ofdelivery or transmission and if

mailed bypre-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 maybe reasonably

anticipated that due to Force Maj eure anynotice 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

Authority of Municipality

8 Players West Diamond and Halloway aclrnowledge 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 aclmowledgement and agreement of Players West

Diamond and Halloway as aforesaid

Time of the Essence

9 Time is of the essence of this Agreement

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

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

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

SIGNED SEALED AND

DELIVERED

In the presence of


John

Clerk

WEST DIAMONDItSPERTIES INC

Name Title

Name Title

PLAYERSBU5fSS PARKLTD

Name Title

Name Title

v

HALLO AY HOLDINGSHC 1 y lD

Name Title

Name Title

SCHEDULE J

lnsert copy of letterfrom

Brent Clarkson datedJuly 13 2005Referred to in paragraph 9

13 July 2005

Mayor john Mutton

Municipality ofClarington40 Temperance Street

BOWMANVILLE OntarioL1C 3A6

7050 Wustuu Road Suite 23U

Woodbridge OntrioL4I RG7Sent by fax and courier

7 905 701S5RR

F 9U5 7615589 Dear Slr10lllrre 1 800 8139204

svwwmhbcpllncgnt gp pROPOSED BOWMANVILLE HOME DEPOT CLARINGTON

BOULEVARD BOWMANVILLE OUR PILE 9316CKfm F MaeNaughtunMnrKIPRPP

Mr Crome has asked me to clarify the commitment I made on behalf of Homeaetaatd Rxrrmsro Depot at the Committee meeting of June 13 and has further asked if there are anyaasMC1aRYP additional measures which Home Depot might be prepared to implement to

Paul R aritton bring the proposal even closer to the draft urban design policies Please acceptaES MCIY KPY this correspondence in response to Mr Cromes email inquiry which is attached

for your easy reference The numbers in the subheadings below relate to theW arena tlarkaun numbered questions posed by Mr CromeMA MCIP RPP

C7 Parkin 1 Leeds CertificationBES MCIP RYP

croinawrbrAs indicated on June 13 Home Depot subject to obtaining all approvals is

acs prepared to construct its building so that it can be LEEDS certified The basiclevel of certification is proposed Home Depot has retained Mark Opresnik CP

rnr Technologies Ltd as a LEEDS Accredited Professional to assist in obtaining theaES MCP RPP

certification

The following is a list ofiems which Home Depot intends to implement toort obtain the LEEDS certificdon

Kitchener

vnu8lan Implementation ofan erosion and sedimentation control planLvndon

Kingston Encouragement ofemployees to carpoolaarric Installation of water efficient plumbing fixtures with the objective of reducing

water use by 20goCityIbwn and Rura Piantling Systems Commissioning ensuring that systems are designed installed and

calibrated to operate as intended also installation of energy managementMuniciml Plans and Stvdirssystem for light fixtures and HVAC equipment

Land Ucvclnpment Measurement and Verifcation Providing for the ongoing accountability and

optimization of building energy and water consumption performance overUrban llcsignCommunity Planning

tune

Construction Waste Management Divert construction demolition and landLandscape Architecnirr clearing debris from landfill disposal Redirect recyclable resources back to

11toral xrsonrre the manufacturing process and redirect re-useable materials to appropriateand Aggregate Plsnnipg SlteB

axptrtrvacn Recycled Content Encouragement of contractor and subtrades to use

and b7ediation recycled material including recycled content in steel concrete fly ashlwindow frames etc

Project Managemrnt

LocalRegional Materials 20 Manufactured Locally secure materials and products from

local sources to support local economy and reduce transportation and energy costs

low-emitting Materials Carpet use oflow-emitting carpet in appropriate areas of store

Pedi-Mats installation of foot grills at the entrances to keep contaminants out of the

buildingRecycling provision of recycling receptaclesCardboard Recycling installation of cardboard baler in the receiving area so that al

cardboard is recycledIS Fluorescent Lighting used in sales area to reduce energy consumption Home Depotrecently won recognition from BC Hydro for this initiative

Glazing installation of high efficiency glazing systems using low-E glass and argon glassStorm water management controlled flow water release system on building roofBike racks installation for employees and customers

Skylights provided in the interior ofthe Garden Centre to allow daylightingNo Smoking policy Home Depot has a no smoking policy inside its buildings

Implementation of these LEEDS items is estimated to cost270000

2 Brick and Stone Pre-Cast Panels

It is proposed that brick and stone precast panels be installed rather than Home Depots prototypewhite aggregate precast panels As indicated in my presentation on June 13 the brick and stone precastpanels will be installed around the entire building except for the proposed garden centre which will be a

combination ofbrick and stone precast together with decorative fencing

I have requested that coloured elevations be available for my presentation to Counci on Friday which

will illustrate this proposal

Tt is estimated that the additional cost for the brick and stone precastpanels is 100000

3 erArchitectural Enhancrments Proposed on Tune 13

As indated on Jutte 13 the following changes to the proposed seplan to address Claringtons urban

design objectives wereoffered

Shift of the garden centre to the east side ofthe siteEnhanced landscaping along the Clarington Blvd frontageElimination ofthe east and north driveways around the buildingShift the building to the north and east so that it frames the streetEliminate the rear lumber loading doorShift the receiving area away from the garden centre and

Installation ofa central wallcwaywithin the parking area

In terms of other architectural enhancements proposed I indicated that Home Depot was prepared to

do the followingArchitectural end feature framing the tool rental centre entranceArchitectural end feature at the northwest corner of the buildingInstallation of 4 inch reveals to provide articulation to provide shadowsInstallation of cornice trim around the building

Substantially different design of the main vestibule to add height and articulation to providemore prominence at the front of the store

Installation of a substantial roof element at the front entrance as opposed to the standard

pre-cast peakInstallation ofprecast screen around the garden centre and

installation ofbrick and stone precast panels as described above

4 Additional LandscaFeProposed on Tune 13

Prior to my presentation on June 13 I trod provided staff and members of Council with photographs of

other Home Depot stores Several parties expressed a liking for the example where the garden centrewas next to the street but commented further that in addition to deciduous plantings it would be

appropriate to consider additional coniferous plantings During my presentation of June 131 indicatedthat Home Depot was prepared to beef up the landscaping to implement this suggestion

See below for a further discussion on landscaping

5 67and 8 Additional Changes Rear SdeofStore Gardententre aad Masonry Feature

Home llepot has given further consideration to the Municipalitysproposed urban design policies and

is prepared to implement the following additional design changesan additional roofpeak over the garden centre at the north east corner

two additional roof peaks along the rear elevationone additional roof peak along the front elevationcontinuous canopy connecting the front vestibule and the lumber canopyinstallation ofspandrel glass doors 4 along the rear elevationinstallation ofspandrel glass sections 3 along the rear elevationinstallation of a masonryfence feature along a portion of the Clarington Blvd frontagewhere parkhrg is near the street

installation of trees at 9 metre centres rather than the 10 to IZ metre centres originallyproposed and

installation ofparking island trees in acctsdance with draft urban design policies

Unfortunately the drawings illustrating these changes will not be available until late Thursday night so

I will present them to you at the special Council Meeting scheduled for Friday at 1030

We have now had an opportunity to cost out the changes Home Depot is prepared to implement Thetotal cost of the June 13 suggestions together with these additional suggestions not including the cast

of the upgraded precast panels is 813500

The total commitment for upgrades including the LEEDS certification the brick and stone precastpanels and the other upgrades is118350000

9 Qytion toPurchase Private North South Road

Mr Crame asked if Home Depot was prepared to provide an offer to purchase the private north southroad connecting Highway 2 and the new Concession Road Home Depot believes that this wouldcreate additional operational and zoning difficulties particularly related to the loading area As a

result Home Depot is not prepared to provide such an offer at this time

We understand that the offer to purchase was suggested to allow the creation of a new public road at

some point in the future in the event the site were ever re-developed fthis is the case Home Depot is

prepared to leave a clause in its site plan agreement indicating that if the site is ever redeveoped for

some other purpose that consideration be given to selling the lands necessary for a public road at that

time at fair market value

Municipal Consideration

Home Depot is making these commitments on a without prejudice basis on the understanding that the

Municipality of Claringtom

t Adopts Official Plan Amendment 44 and the implementing zoning by-law on Juiy 15 2605

including the revisions requested by Mr Bryce Jordan Sernas Associates Memorandums of

July 8 2005 and July 11 2005 as they pertain the HollowayHome Depot site

2 Modifies Sections 6 and 8 of the Council Resolution of June 27 2005 to accommodate the

combined HollowayHome Depot proposal deleting the need for Uptown Avenue to cross

through the Holloway site and permitting the Home Depot to be located in the north east

corner ofthe property3 Permits Home Depot to have limited outdoor display areas provided that there is no outdoor

storage ofbuilding or landscaping materials and

4 Approves a site plan in substantial compliance with the site plan presented to Council on July15 2005 a reduced copy is attached hereto

Thank you for your consideration and 1 look forward to discussing these matters with you and

members of Council more fully at the meeting of July 15 2005

SincerelyMHBC PLANNING

GW SRENT CLARKSON MA MCIP RPP

Copy Dennis Heffernon David Crome Sylvain Rivet Blair Apy1e John Chow Lyn TownsendBob Hann Bryce Jordan

4

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SCHEDiJLE K

Intentionally Deleted

SCHEDULEL

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as Public Streets

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