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September 6, 2022 - Revised
*REVISED* Planning & Development Committee Meeting Agenda September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Ashe Members of the public may attend the meeting in person, or may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. Page 1.Roll Call 2.Disclosure of Interest 3.Statutory Public Meetings Statutory Public Meetings are held to receive input and feedback on certain types of planning applications. Members of the public looking to provide a verbal delegation to Members of the Planning & Development Committee may do so either in person or through a virtual audio telephone connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 10 minutes shall be allotted for each delegation. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 3.1 Information Report No. 10-22 1 Zoning By-law Amendment Application A 06/22 Mattamy (Seaton) Limited Part Lot 20, Concession 4, Now 40R-24146, Part 5 3.2 Information Report No. 11-22 11 Draft Plan of Subdivision Application SP-2022-02 Zoning By-law Amendment Application A 04/22 Caplink Limited Southwest corner of Highway 7 and Whites Road (745 and 815 Highway 7) Seaton Community 4.Delegations Planning & Development Committee Meeting Agenda September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Ashe For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public looking to provide a verbal delegation to Members of the Planning & Development Committee may do so either in person or through a virtual audio telephone connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 10 minutes shall be allotted for each delegation. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 4.1 Joe Bessada, Owner, Bessada Kia and Y&M Bessada Canada Inc. (Virtual) Re: Report PLN 35-22 Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street 4.2 Michael Fry, Planning Manager, D.G. Biddle and Associates (Virtual) Re: Report PLN 41-22 Zoning By-law Amendment Application A 10/21 1023343 Ontario Inc. 4973 Brock Road (“Old Brock Road”) 5. Planning & Development Reports 5.1 Director, City Development & CBO, Report PLN 35-22 30 Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street Recommendation: That Zoning By-law Amendment Application A 07/21, submitted by KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc., to expand the list of permitted uses on the lands municipally known as 1695 Bayly Street, be approved, subject to the recommended zoning provisions contained in Appendix I to Report PLN 35-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. Planning & Development Committee Meeting Agenda September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Ashe For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 5.2 Director, City Development & CBO, Report PLN 36-22 48 Comprehensive Zoning By-law Review Phase 2, First Draft of the Zoning By-law and Community Engagement Recommendation: That Report PLN 36-22 of the Director, City Development & CBO, providing a discussion on the first draft of the City of Pickering Comprehensive Zoning By-law and community engagement, be received for information. 5.3 Director, City Development & CBO, Report PLN 37-22 58 Kingston Mixed Corridor and Brock Mixed Node Intensification Areas - City Initiated Zoning By-law Amendment - Engagement Strategy Recommendation: 1. That Council authorize staff to undertake the Engagement Strategy for the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Zoning By-law Amendment, as generally outlined in Report PLN 37-22; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 5.4 Director, City Development & CBO, Report PLN 39-22 65 Draft Plan of Subdivision Application SP-2015-03 (R) Zoning By-law Amendment Application A 05/15 (R) Seaton TFPM Inc. Part Lots 17 to 19, Concession 4 and Part Lots 17 to 22, Concession 5 Seaton Community Recommendation: 1. That Draft Plan of Subdivision Application SP-2015-03 (R), submitted by Seaton TFPM Inc., on lands being Part Lots 17 to 19 and Concession 4, Part Lots 17 to 22, Concession 5, to establish a plan of subdivision consisting of blocks for prestige employment Planning & Development Committee Meeting Agenda September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Ashe For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca uses, residential uses for approximately 2,205 dwelling units, mixed- uses, community uses, parks, open spaces, stormwater management facilities, and public roads as shown on Attachments #7 and #8 to Report PLN 39-22, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2. That Zoning By-law Amendment Application A 05/15 (R), submitted by Seaton TFPM Inc., to implement Draft Plan of Subdivision SP-2015-03 (R) on lands being Part Lots 17 to 19, Concession 4 and Part Lots 17 to 22, Concession 5, be approved subject to the provisions contained in Appendix II to Report PLN 39-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and, 3. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider minor variance applications resulting from the processing of applications for draft plan of subdivision, site plan approval, and building permits, submitted by Seaton TFPM Inc., for the lands being Part Lots 17 to 19 and Concession 4, Part Lots 17 to 22, Concession 5, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. 5.5 Director, City Development & CBO, Report PLN 40-22 114 Envision Durham – Implementing the Provincial Agricultural System - The Region of Durham Municipal Comprehensive Review Recommendation: 1. That Council endorse the Staff comments contained in Appendix I to Report PLN 40-22 as the City’s formal comments on the draft Regional Agricultural System mapping, in relation to the lands in the City of Pickering, reflected in Attachments #5 and #7 to the Commissioner of Planning & Economic Development’s Report 2022-P-16, and that the Region investigate the following matters as part of finalizing the mapping and associated policies for the new Regional Official Plan: a. Whether the proposed Prime Agricultural Areas designation with a proposed Natural Heritage System Overlay, on the Planning & Development Committee Meeting Agenda September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Ashe For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Agricultural Preserve lands, conforms with the Central Pickering Development Plan Natural Heritage System – Primary Designation along the West Duffins Creek Valley; b. Whether the proposed Prime Agricultural Areas overlay designation provides appropriate protection for Natural Core Areas on the Oak Ridges Moraine; c. Whether there is an appropriate level of protection for key hydrologic features, such as wetlands, against unwanted farm practices, on lands that are proposed to be re-designated Prime Agricultural Area; d. That the proposed re-designation of lands, from Major Open Space to Prime Agricultural Areas, that have significant natural heritage and hydrologic features (e.g., wetlands complexes), and are located between Greenwood and Lake Ridge Road, be reconsidered; 2. That the Region acknowledge the exception for a cemetery use on lands located northeast of the Hamlet of Greenwood, between Highway 407 and Highway 7, reflected as “E3” on Schedule I of the Land Use Structure in the Pickering Official Plan, by including a policy exception in the Regional Official Plan; 3. That a copy of Council’s Resolution and Report PLN 40-22 be forwarded to the Region for consideration; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 5.6 Director, City Development & CBO, Report PLN 41-22 146 Zoning By-law Amendment Application A 10/21 1023343 Ontario Inc. 4973 Brock Road (“Old Brock Road”) Recommendation: That Zoning By-law Amendment Application A 10/21, submitted by 1023343 Ontario Inc., to rezone a portion of the property from ORM-R5 to Planning & Development Committee Meeting Agenda September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Ashe For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca ORM-C2 and to establish a site-specific exception to permit a detached dwelling on the lot, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 41-22, be finalized and forwarded to Council for enactment, following the applicant entering into an encroachment agreement, or other agreements as may be required by the Region of Durham or City of Pickering, for the existing deck. 5.7 Director, City Development & CBO, Report PLN 42-22 - REVISED Draft Plan of Subdivision Application SP-2021-02 Zoning By-law Amendment Application A 15/21 OPB Realty Inc. Eastern Portion of the Pickering Town Centre Lands, West of Glenanna Road and South of Kingston Road Report PLN 42-22 has been withdrawn from the September 6, 2022 Planning and Development Committee Agenda. 5.8 Director, City Development & CBO, Report PLN 43-22 163 Request for an Amendment to By-law 2091, being a By-law to Designate an area of Subdivision Control over Registered Plans, under the Planning Act - Estate of Norman Keith Ward - 1930 Ninth Concession Road - Part of Lots 6 and 7, Plan 424 Recommendation: 1. That the request by Kelly Ward, Executor of the Estate of Norman Keith Ward, to amend the By-law 2091, (which deemed the lots within Registered Plan 424 not to be within a registered plan of subdivision for the purposes of conveyance), by deleting the reference to Lots 6 and 7 of Plan 424, such that each parcel may be sold separately, be supported; 2. That the draft amending By-law to amend By-law 2091 be finalized, and forwarded to Council for enactment; 3. That a copy of this Report, Council’s resolution and the By-law to amend By-law 2091, be forwarded to Kelly Ward, and to the Regional Municipality of Durham; and, Planning & Development Committee Meeting Agenda September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Ashe For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 4. That the appropriate staff of the City of Pickering be authorized to give effect thereto, including removing By-law 2091 from title of the subject lands. 6. Other Business 7. Adjournment Information Report to Planning & Development Committee Report Number: 10-22 Date: September 6, 2022 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application A 06/22 Mattamy (Seaton) Limited Part Lot 20, Concession 4, Now 40R-24146, Part 5 1.Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for Zoning By-law Amendment, submitted by Mattamy (Seaton) Limited, to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule to implement modifications to Draft Approved Plan of Subdivision SP-2009-12. This report contains background information on the proposed amendment. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the application, ask questions of clarification, and identify any planning issues. This report is for information and no decision on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon review of the comments received and revisions to the amendment if necessary. 2.Background Information 2.1 Property Description The lands within Draft Approved Plan of Subdivision SP-2009-12 are located on the west and east sides of Mulberry Lane and south of Alexander Knox Road, within the Seaton Community. The development blocks (Block 476 and Lots 297 to 300 on Figure 1 below) subject to this zoning by-law amendment application are located on the east side of the draft approved plan, abutting the Natural Heritage System to the east (see Location Map and Air Photo Map, Attachments #1 and #2). These lands were draft plan approved by the Ontario Municipal Board (OMB) in early 2014 (see Draft Approved Plan of Subdivision SP-2009-12, Attachment #3). The subdivision agreement for the lands were registered on July 28, 2022. There is a clause within the agreement that states that the development blocks subject to this rezoning application cannot be developed until this rezoning application becomes final and binding. In addition, the agreement acknowledges that the City authorized the owner to develop the village green on behalf of the City, subject to conditions. - 1 - Information Report 10-22 Page 2 2.2 Relocation of the Village Green within the Draft Approved Plan of Subdivision The OMB-approved draft plan shows a village green located at the northeast corner of Honey Locust Place and Sandal Wood Trail. To the east of the village green are residential lots that abut the Natural Heritage System (NHS) to the east (see Figure 1 below, Original Park Layout). During the processing of the plan following draft plan approval, City staff requested that the village green be relocated further east, in order to provide a direct connection to the NHS and future trail system (see Figure 1 below, Revised Park Layout). Figure 1: Original Park Layout and Revised Park Layout - 2 - Information Report 10-22 Page 3 The new location of the village green maintains frontage onto both Honey Locust Place and Sandal Wood Trail. The park has been designed to provide a pedestrian connection between Honey Locust Place and Sandal Wood Trail, as well as future connections to the Primary Neighbourhood Connecting Trail and Secondary Recreation Trail (see Figure 2 below). As a result of the relocation, the size of the village green has increased from 0.17 of a hectare to 0.231 of a hectare, without having to sacrfice a residential lot. The playground area is also further removed and protected from the adjacent roads. Figure 2: Village Green Landscape Plan The purpose of the zoning by-law amendment is to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule to switch the location of the low density residential (LD1) zone and the open space (OS) zone boundaries to be consisent with the final draft plan. 3.Policy Framework 3.1 Pickering Official Plan The portion of lands subject to this zoning by-law amendment application are designated “Urban Residential Areas – Low Density Areas”. Residential and recreational uses are permitted within this designation. - 3 - Information Report 10-22 Page 4 The Plan states that village greens must have road frontage on three sides, but may be less where other design alternatives are used to achieve public view and access. The park has road frontage onto Honey Locust Place to the north and Sandal Wood Trail to the south. The east side of the park fronts onto a publicly-owned piece of property. This design alternative is desirable as it provides a direct connection to the Natural Heritage System and future trail system. The proposal conforms to the policies within the Pickering Official Plan. 3.2 Seaton Sustainable Place-Making Guidelines In addition to the policies with the Official Plan, the Seaton Sustainable Place-Making Guidelines state that village greens must provide: •formalized paths to connect to pedestrian sidewalks and trails within the Natural Heritage System, and are consistent with pedestrian desire lines; •soft landscaping to serve non-programmed recreational uses; and •facilities such as play structures, splash pads, open informal play areas, seating with shade opportunities as well as community mail boxes and information boards. The proposal achieves the design objectives of the Seaton Sustainable Place-Making Guidelines. 3.3 Zoning By-law 7364/14, as amended The portion of lands subject to this zoning by-law amendment application are zoned “Low Density Type 1 (LD1) Zone” and “Open Space (OS) Zone” within Zoning By-law 7364/14, as amended by By-law 7857/21 (see Figure 3 below, Existing Zoning). Permissible uses within the LD1 Zone include a detached dwelling, semi-detached dwelling, and accessory dwelling unit. Permissible uses within the OS Zone include community gardens, play fields, playgrounds, picnic areas, and public trails and trailheads. The applicant is requesting an amendment to the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule to switch the location of the low density residential (LD1) zone and the open space (OS) zone boundaries, to reflect the relocation of the village green and residential lots (see Figure 3 below, Proposed Zoning). - 4 - Information Report 10-22 Page 5 Figure 3: Existing and Proposed Zoning 4.Comments Received 4.1 Public Comments Notice of the Statutory Public Meeting regarding this application was provided through a mailing to all properties within 500 metres of the entire land area of Draft Approved Planof Subdivision SP-2009-12 (in total, notice was mailed to 148 properties). In addition, notice of the Statutory Public Meeting was included in the August 19, 2022 and September 2, 2022 News Advertiser. As of the date of this report, no written or verbal comments have been received from the public. 4.2 Agency Comments The application was circulated to the following agencies for their review and comment: Region of Durham, Toronto and Region Conservation Authority, Bell Canada, Canadian National Railway Properties Inc., Elexicon Energy, Enbridge Gas, Canada Post, Canadian Pacific Railway, Hydro One, Durham District School Board, Durham Catholic District School Board, Conseil Scolaire Catholique MonAvenir, Le Conseil Scolaire de District Du Centre-Ouest, Ontario Power Generation, Trans Northern Pipelines Inc., Rogers Cable and Durham Regional Police. As of the date of this report, comments have been received from the following agencies: 4.2.1 Region of Durham •The Region has reviewed the zoning by-law amendment and have no concerns. - 5 - Information Report 10-22 Page 6 4.2.2 Toronto and Region Conservation Authority (TRCA) •The TRCA supports this application. 4.2.3 Durham District School Board •Staff has reviewed the information on the above-noted application and has no objection to the amendment. 4.2.4 Enbridge Gas •Enbridge Gas Inc. does not object to the proposed application, however we reserve the right to amend our development conditions. 4.3 City Department Comments The application was circulated to the following City departments for their review and comment: Engineering Services, Building Services, Fire Services and Sustainability. As of the date of this report, comments have been received from the following department: 4.3.1 Engineering Services •No concerns with approval of this zoning by-law amendment application. 5.Planning & Design Section Comments The proposed revisions to the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule conforms to the Pickering Official Plan and the Seaton Sustainable Place-Making Guidelines. Staff will finalize and forward an implementing Zoning By-law to Council for enactment on September 19, 2022. 6.Information Received Copies of the plans and studies submitted in support of the application are listed below and available for viewing on the City’s website at pickering.ca/devapp or at the offices of the City of Pickering, City Development Department: •Cover Letter, prepared by Korsiak Urban Planning, dated June 22, 2022; •Draft Zoning By-law, prepared by Korsiak Urban Planning; •Existing & Proposed Zoning Plan, prepared by Korsiak Urban Planning, dated June 21, 2022; •Landscape Plan, prepared by NAK Design Strategies, dated April 14, 2022; and •Draft Plan of Subdivision, prepared by Macaulay Shiomi Howson Ltd., revised and dated May 31, 2013. - 6 - Information Report 10-22 Page 7 7.Procedural Information 7.1 General •written comments regarding this proposal should be directed to the City Development Department; •oral comments may be made at the Statutory Public Meeting; •all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; •any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and •any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. 8.Owner/Applicant Information The owner of this property is Mattamy (Seaton) Limited, who is represented by Korsiak Urban Planning. Attachments: 1.Location Map 2.Air Photo Map 3.Draft Approved Plan of Subdivision SP-2009-12 Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner IL:ld Date of Report: August 15, 2022 - 7 - Attachment #1 to Information Report 10-22 S tillmead o w L a ne Alexander Knox Road Mu l b e r r y L a n e City DevelopmentDepartment Location MapFile:Applicant:Property Description: A 06/22 Date: Jun. 28, 2022 Mattamy (Seaton) LimitedPart Lot 20, Concession 4, Now 40R-24146, Part 5 Lands within Draft Approved Plan of Subdivision SP-2009-12 L:\PLANNING\01-MapFiles\A\2022\A 06-22 Mattamy (Seaton) Limited\A06_22_LocationMap.mxd 1:5,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Portion of Lands Subject to Rezoning - 8 - Attachment #2 to Information Report 10-22 S till m e a dowLane Alexander Knox Road Holly berry Trail Willowridge Path Mu l b e r r y L a n e Air Photo MapFile:Applicant: Date: Jul. 13, 2022 L:\PLANNING\01-MapFiles\A\2022\A 06-22 Mattamy (Seaton) Limited\A06_22_AirPhoto.mxd 1:5,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Lands within Draft Approved Plan of Subdivision SP-2009-12 Portion of Lands Subject to Rezoning A 06/22Mattamy (Seaton) LimitedPart Lot 20, Concession 4, Now 40R-24146, Part 5Property Description: - 9 - Attachment #3 to Information Report 10-22 Draft Approved Plan of Subdivision SP-2009-12 City Development Department July 20, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 06/22 Mattamy (Seaton) LimitedApplicant: Property Description: DATE: File No: Part Lot 20, Concession 4, Now 40R-24146, Part 5 L:\Planning\01-MapFiles\A\2022 N - 10 - Information Report to Planning & Development Committee Report Number: 11-22 Date: September 6, 2022 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Draft Plan of Subdivision Application SP-2022-02 Zoning By-law Amendment Application A 04/22 Caplink Limited Southwest corner of Highway 7 and Whites Road (745 and 815 Highway 7) Seaton Community 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding applications for Draft Plans of Subdivision and Zoning By-law Amendment, submitted by Caplink Limited, to facilitate the development of a food manufacturing facility. This report contains general information on the applicable Official Plan and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. The Planning & Development Committee will hear public delegations on the applications, ask questions of clarification, and identify any planning issues. This report is for information and no decision on these applications are being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Background, Property Location and Description Caplink Limited (FGF Brands) is a food manufacturing business, and are a producer of baked goods, artisan and fresh bread. FGF Brands has over 30 production facilities across North America, and is one of North America’s largest food manufacturing companies. Caplink Limited (FGF Brands) is in the process of acquiring approximately 60 hectares of land in the Pickering Innovation Corridor, for a food manufacturing campus, to be developed in phases. The lands are located south of Highway 7, east of North Road, north of Highway 407 and west of Whites Road. Caplink Limited (FGF Brands) has an executed Agreement of Purchase and Sale with the City of Pickering. The lands subject to this application are within the first phase, and are located at the southwest corner of Highway 7 and Whites Road and are municipally known as 745 and 815 Highway 7 (see Location Map, Attachment #1). The lands comprise two properties, having a combined area of approximately 26 hectares, with frontages along Highway 7 and Whites Road. The properties are located within Neighbourhood 21: Pickering Innovation Corridor, within the Seaton Community (see Neighbourhood 21, Attachment #2). - 11 - Information Report No. 11-22 Page 2 The western portion of the lands, 745 Highway 7, is occupied by a two-storey brick dwelling, and accessory structure. This property does not have heritage status. The eastern portion of the lands, 815 Highway 7, is occupied by a one-and-a-half-storey brick dwelling, two barns and silos. This property is listed under Section 27 of the Ontario Heritage Act. The lands are currently used primarily for agricultural activities (see Air Photo Map, Attachment #3). Several natural heritage features have been identified on-site including woodlands surrounding the barn buildings, and hedgerows within the central and northeastern potions of the site. There are two watercourses bordering the south-eastern and western limits of the site, and small meadow marsh areas associated with the watercourses’ floodplains. Surrounding land uses include: North: Across Highway 7, are rural lands owned by the Federal Government intended for a future airport site. These lands are currently designated as “Open Space System – Natural Areas” and “Prime Agriculture Area” in the City’s Official Plan. South: Across the 407 corridor, are agricultural lands; they are designated “Prestige Employment”, and “Seaton Natural Heritage System”, within Seaton Neighbourhood 21: Pickering Innovation Corridor and the northern edge of Seaton Neighbourhood 18: Mount Pleasant. East: Across Whites Road, are agricultural lands; they are designated “Prestige Employment” and “Seaton Natural Heritage System” within the Seaton Neighbourhood 21: Pickering Innovation Corridor; further east is the recently constructed Kubota Head Office. West: Across the Seaton Natural Heritage System, is the second phase lands of the applicant’s food manufacturing business, and are approximately 34 hectares in size. These lands are currently used for agricultural purposes, and are designated “Prestige Employment” and “Seaton Natural Heritage System”, and are located within Seaton Neighbourhood 21: Pickering Innovation Corridor. 3. Applicant’s Proposal Caplink Limited has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to facilitate a food manufacturing facility located within the first phase of the lands. The proposal includes four manufacturing plants and a distribution centre. The applicant also proposes to relocate, and repurpose, the existing heritage structure, located at 815 Highway 7, for a learning centre/office (see Submitted Conceptual Site Plan, Attachment #5). The applicant proposes an overall gross floor area of approximately 96,869 square metres, including approximately 9,131 square metres for office space, 78,160 square metres for light manufacturing and 9,578 square metres for a distribution centre. The proposed draft plan of subdivision creates 7 blocks as illustrated on Attachment #4, Submitted Draft Plan of Subdivision. - 12 - Information Report No. 11-22 Page 3 The table below provides details of the draft plan of subdivision and proposed uses: Block Number Land Use Land Area Proposed Gross Floor Area Block 1 Employment Use 4.34 ha Building 1 Manufacturing Plant: 19,540 square metres Office: 2,120 square metres Total GFA: 21,660 square metres Block 2 Employment Use 4.09 ha Building 2 Manufacturing Plant: 19,540 square metres Office: 2,120 square metres Total GFA : 21,660 square metres Block 3 Employment Use 5.13 ha Building 3 Manufacturing Plant: 19,540 square metres Office: 2,120 square metres Total GFA: 21,660 square metres Block 4 Employment Use 8.93 ha Building 4 Manufacturing Plant: 19,540 square metres Office: 2,120 square metres Total GFA: 21,660 square metres Building 5 Distribution Centre: 9,578 square metres Office: 353 square metres Total GFA: 9,931 square metres Building 6 Learning Centre/Office: 298 square metres Block 5 Natural Heritage System 1.01 ha Block 6 Stormwater Management Pond 0.82 ha Block 7 Road Widening (Highway 7) 0.54 ha Right of Way Streets A and B 1.07 ha Total 25.93 ha 96, 869 square metres - 13 - Information Report No. 11-22 Page 4 Figure 1 shown below, is a conceptual rendering of the proposal. Figure 1: Conceptual Rendering Plan (Looking South) Vehicular access to the lands is proposed from a new signalized intersection from Highway7, approximately 250 metres west of the Whites Road and Highway 7 intersection. A new municipal road is proposed, having a right-of-way width of 22 metres, and will provide municipal frontage and vehicle accesses for each block, and will terminate at the west end of the site with a cul-de-sac. As part of a future development, the municipal road is intended to be further extended west, across the Natural Heritage System, to serve future employment uses (see Submitted Draft Plan of Subdivision, Attachment #4). As part of the proposed development, Highway 7 is proposed to be widened at the intersection with the proposed municipal road. Highway 7 is proposed to be widened to a four lane cross section with turn lanes. On the westbound leg of the intersection, Highway 7 will extend the existing pavement widening from the intersection of Highway 7 and Whites Road, and introduce a westbound left turn lane. In the eastbound leg, Highway 7 will be widened to a four lane cross section with an eastbound right turn lane. A total of 957 surface parking spaces are proposed including: 24 barrier free spaces, 174 loading spaces, 109 trailer storage spaces, approximately 18 carpool spaces, 50 EV charging stations, and approximately 55 bicycle parking stations. Two stormwater management ponds are proposed to be located adjacent to the Seaton Natural Heritage System. A private pond is proposed to be located within Block 3 lands, and a municipal pond within Block 6 of the draft plan of subdivision plan (see Submitted Draft Plan of Subdivision and Submitted Conceptual Landscape Plan, Attachments #4 and #6). The Zoning By-law Amendment proposes to rezone the lands to an appropriate zone category to permit the proposed uses and establish appropriate development standards. - 14 - Information Report No. 11-22 Page 5 3.1 The Percy House, 815 Highway 7 The eastern portion of the lands subject to this application, includes a dwelling located at 815 Highway 7, known as the Percy House, and is listed under Section 27 of the Ontario Heritage Act. The house is a one-and-a-half-storey brick Ontario cottage with neo-classical and georgian influences, and was constructed in 1853 (see Figure 2 below). Figure 2: 845 Highway 7 (WSP, 2022) The applicant proposes to retain Percy House, and relocate the building to the southeast corner of Highway 7 and the new municipal road, and position it within a landscaped area. The building will be used for a learning centre/office use (See Submitted Conceptual Site Plan and Submitted Conceptual Landscape Plan, Attachments #5 and #6). The applicant is proposing to demolish the rear addition to the farmhouse, and construct a 185 square metre modern addition. The barns and silos, and landscaped features on the property are to be demolished with select building elements salvaged for use on or off-site. 4. Policy Framework 4.1 Central Pickering Development Plan The Central Pickering Development Plan (CPDP) sets out the principles and goals that outline the general development vision for the overall Seaton Urban Area. These include the integration of new sustainable urban community while ensuring the protection, maintenance and enhancement of the natural heritage system. The objectives and policies of the CPDP are designed to achieve the vision of Seaton. The subject applications conform to the CPDP. 4.2 Durham Regional Official Plan The Durham Regional Official Plan (DROP) designates the Seaton lands as “Specific Policy Area A”, which requires the lands to be developed in accordance with the CPDP. Other provisions of the DROP shall apply, as applicable. The DROP requires the development of Seaton to be based on a number of considerations including the provision - 15 - Information Report No. 11-22 Page 6 of a range of employment that accommodates the forecasts from the CPDP; and the provision of employment opportunities along Highway 407, concurrent with residential development occurring in the neighbourhoods to the south. Within employment areas, sites having a high degree of exposure and good access shall be reserved for employment intensive uses. It is the intent of the Plan to encourage prestige employment uses with high employment generating capacity and greater architectural, landscaping and design controls along Highways 401 and 407, and Regional corridors (like Highway 7). Area municipal plans shall designate areas for prestige development, and specify design and landscaping controls for such areas. 4.3 Pickering Official Plan The Pickering Official Plan designates the subject lands as “Employment Areas – Prestige Employment”. Schedule XIII – Neighbourhood 21: Pickering Innovation Corridor, further refines the land use designations. The westerly portion of the lands are designated as “Prestige Employment – General” and the easterly potion is designated as “Prestige Employment – Node” (see Neighbourhood 21: Pickering Innovation Corridor, Attachment #2). The “Prestige Employment” designation permits a range of uses including light manufacturing, assembly and processing of goods, office, personal service, and community and cultural services. The Seaton Urban Area policies refine the permissible uses to exclude: outdoor storage; retail stores; waste processing; waste transfer and recycling facilities; freight transfer and similar trucking facilities; automotive and vehicle sales and replace; and place of worship and schools. The Neighbourhood Plan identifies a Stormwater Management Facility on the subject lands. However, the neighbourhood policies permit the number, size and location of stormwater management facilities to be confirmed through functional servicing and stormwater reports, and may be changed without amendment to the Neighbourhood Plan. Chapter 8 of the Official Plan identifies a cultural heritage goal for the City which is that City Council shall respect its cultural heritage, and conserve and integrate important cultural heritage resources, from all time periods, into the community. City Council, in consultation with its heritage committee, where warranted, shall implement the provisions of the Ontario Heritage Act, including the designation of heritage sites. In consideration of the use and reuse of heritage resources, City Council shall maintain, if possible, the original use of heritage structures and sites, and if possible, retain the original location and orientation of such structures. Furthermore, Section 12.23 (e) of Neighbourhood 21: Pickering Innovation Corridor, requires Heritage Lots to be integrated into the design of the surrounding employment area through appropriate landscaping and built form transition. The two watercourses, bordering the south-eastern and western limits of the site, are designated as Seaton Nature Heritage Systems. The intent of this designation is to protect, maintain, and where possible enhance, all environmentally significant features and functions within the Seaton Natural Heritage System. Furthermore, lands within the Seaton Natural Heritage System shall remain in public ownership. An Environmental Impact Study is required for any proposed development within 120 metres of a key natural heritage or key hydrologic feature. The purpose of the study is to identify and evaluate the natural - 16 - Information Report No. 11-22 Page 7 heritage features and hydrologic features, determine the minimum required vegetation protection zones, and determine the site’s development limits to prevent potential negative impacts from the proposed development on the natural heritage features. The applicant’s proposal will be assessed against the policies and provisions of the Official Plan during the future processing of the applications. 4.3.1 Seaton Sustainable Place-Making Guidelines The Seaton Sustainable Place-Making Guidelines address the urban design guidelines contained within the CPDP. Further, they expand upon the key design elements, set out minimum standards and benchmarks for plans of subdivision and site plans, and list the range of matters that are to be addressed in the development of the lands. The Guidelines also provide direction on the design of the public realm, built form, and green infrastructure and buildings. The applications will be assessed against the policies and provisions of the Seaton Sustainable Place-Making Guidelines during the further processing of the applications. 4.4 Zoning By-law 3037 The subject lands are zoned “A” – Rural Agricultural Zone within Zoning By-law 3037, as amended, which currently permits a detached dwelling, home occupation, and various agricultural and related uses. The applicant has requested a zoning by-law amendment to repeal Zoning By-law 3037 as it affects the lands subject to Zoning By-law Amendment Application A 04/22, and to add these lands to the Seaton Zoning By-law 7364/14 in an appropriate zone category to facilitate the implementation of the draft plan of subdivision. 5. Comments Received 5.1 Public comments on the proposal Notice of the Electronic Statutory Public Meeting regarding this application was provided through a mailing of all properties within 500 metres of the entire subject site. Public Meeting Notice Signs were erected at the property on August 4, 2022, along the Highway 7 and Whites Road frontages. 5.2 Agency Comments 5.2.1 Region of Durham • the proposed development supports the policy direction of the Provincial Policy Statement, as it provides for new industrial uses in an employment area within the Seaton Community; • the subject lands are located within Special Policy ‘A’ in the Regional Official Plan, which is identified as CPDP, and the proposed employment uses generally conforms to the policies of the CPDP; - 17 - Information Report No. 11-22 Page 8 • the subject lands are located within Neighbourhood 21, in the Phase 2 lands in the CPDP; • to accommodate this development, amendments to the Region’s Infrastructure Front Ending Agreement are required to modify the limits of the Seaton Phase 1 lands to expand the Phase 1 Prestige Employment Lands from 200 acres to 260 acres; this was considered at the Committee of the Whole on June 22, 2022 and approved by Regional Council on June 29, 2022; • water supply will be available from the newly constructed feedermain on the east side of Whites Road, and sanitary services is currently available from a sanitary sewer along Whites Road, east of the subject property; • the applicant is proposing to develop the site as four separate development parcels and the Region cannot permit these separate parcels to be serviced with one private sanitary sewage pumping station and forcemain; however, based on preliminary assessment of the information provided within the submitted Functional Servicing Report, it may be possible to service some of the buildings by gravity to the existing sanitary sewer on the east side of Whites Road, thereby limiting the number of parcels that would need to be serviced with one private sanitary sewage pumping station and forcemain; • the Region recommends that the applicant review their proposed sanitary sewer servicing strategy, consider the constraints identified, and address the Regional Works Department outstanding concerns; • the Region requires the applicant to address matters such as, but not exclusive to, archaeological potential, Environmental Site Assessment, Key Natural Heritage/Hydrologic Features and Transportation; and • additional supporting information is required before the Region can be in a position to issue conditions of approval. 5.2.2 Toronto and Region Conservation Authority (TRCA) TRCA has provide the following key concerns based on their role as a conservation authority: • feature limits to be refined to reflect June 29, 2022 staking exercise; • floodplain spill assessment to be provided to refine the floodplain spill areas located immediately south of the site; • feature-based water balance risk evaluation to be provided for the wetlands; • a fluvial geomorphology assessment is required for the proposed crossing; and • additional details required for the proposed headwalls, and stormwater management ponds. 5.2.3 Ministry of Transportation (MTO) • the site is within MTO’s permit control and Ministry Permits will be required; • the proposed location of the new road onto Highway 7 does not conform to the Ministry’s highway access management guidelines; • any improvements on Highway 7 as part of this development will require, but not limited to: - 18 - Information Report No. 11-22 Page 9 • Geometric Design package; • Electrical plan; • Legal agreement; • Utility relocation plan; • Maintenance cost estimate; • an updated Transportation Impact Study is required to address several technical analysis; • for any widening of Highway 7, the applicant will need to submit a Pavement Design Report and complete the required field investigations; and • further comments with respect to drainage will be provided once the applicant has concerns related to the access location. Following receipt of comments from MTO, the applicant, City staff and MTO staff have had multiple meetings to discuss solution regarding the location of the proposed access. The applicant has provide additional justification and information that is currently under review. 5.3 City Department Comments 5.3.1 Economic Development & Strategic Projects • significant opportunity to attract a world-class food manufacturer to the City that will provide a diverse variety of jobs in manufacturing, logistics, automation, high technology and IT developers, food science, and others; • once full build-out is completed, the Caplink Limited/FGF Food Manufacturing Campus will be one of, if not, the largest employer within the City; • this development will attract other significant industry users to the City, and will highlight the City as key location for other industry leaders to consider relocating to, and expanding, their operations in the City; and • the first phase of the food manufacturing campus will contribute to creating approximately 2,000 direct manufacturing jobs. 5.3.2 Sustainability Based on the information provided in the Sustainable Development Report, prepared by The Biglieri Group Limited, dated June 8, 2022, the following optional sustainability measures are proposed: • integrated environmental systems protection, and biodiversity protection and enhancement; • maximizing permeability; • providing a minimum of 50 percent of plantings as native and drought tolerant species; • outdoor seating amenities for employees; • adaptive re-use of a listed heritage resource; • support for alternative transportation, including through the provision of carpool parking spaces, bicycle parking spaces, and 50 electric vehicle charging stations; and • additional sustainability measures, including third party certifications may be considered at the detailed design/site plan phase. - 19 - Information Report No. 11-22 Page 10 5.3.3 Engineering Services • the Owner is required to satisfy all requirements, financial and otherwise, of the City of Pickering including, among other matters, the execution of a subdivision agreement between the owner and the City of Pickering concerning the provision and installation of services, grading, drainage, stormwater management facilities, geotechnical soils analysis, construction of sidewalks, boulevard design, and utility locations; • the City of Pickering’s Fill & Topsoil By-law prohibits soil disturbance, removal or importation of material to the site, unless a permit has been issued; • no on-site works prior to Draft Plan Approval is permitted, and a Fill & Topsoil Permit will be required should grading works proceed prior to a Subdivision Agreement; • the proposed municipal roads are to be designed to City of Pickering standards, and the applicant is to provide typical cross section for the new internal road; • as per the recommendations of the Phase One Environmental Site Assessment (ESA) provide a Phase Two ESA is required; • various technical comments with respect to preliminary grading and site servicing, stormwater management need to be addressed; • require a sight triangle at the intersection of Highway 7 and proposed new municipal road (FGF Way) to the satisfaction of MTO and the Region of Durham; • require the installation of a sidewalk and street lights along the frontage of Highway 7 to Whites Road; • in accordance with the City of Pickering Integrated Transportation Master Plan, the proposed internal road will be a future cycling route; therefore, a 2.5 metre multi-use path is to be incorporated in the proposed right-of-way design; • require the submission of an updated Arborist Report, indicating which trees are being preserved/protected, and which trees are proposed to be removed; and • based on the City’s Tree Compensation Policy, the applicant will need to provide compensation for the removal of existing trees. 5.3.4 Fire Services • no objection to the applications for draft plan of subdivision and rezoning; and • the applicant shall ensure that the Siamese connections for each building are within 45 metres of a fire hydrant. 5.3.5 City’s Heritage Consultant (Branch Architecture) The City retained Branch Architecture, to peer review the submitted Heritage Impact Assessment (HIA) for 815 Highway 7, prepared by WSP, dated May 18, 2022. Generally, the peer review found that the HIA demonstrates a good understanding of the property’s cultural heritage, and is supported by a detailed understanding of the physical condition of the heritage attributes. The reviewer agrees that the Percy House merits designation under Part IV of the Ontario Heritage Act, and should be conserved in compliance with the peer review letter, prepared by Branch Architecture dated, July 15, 2022, and the HIA. - 20 - Information Report No. 11-22 Page 11 The peer reviewer requested that the submitted HIA be refined to address the following matters: • provide an explanation for why all buildings cannot be maintained, and conserved in situ, as part of the site development; • provide an explanation for why the Percy House is a good candidate for relocation; • provide more information on the conservation of the Percy House: • the general scope of building restoration/repairs; • drawings showing how the building will be rehabilitated for use as a learning centre, including interior upgrades and uses, and the complete design of the rear addition; • drawings showing the landscape around Percy House and considering: • preserving views of the Percy House from Highway 7; • providing an appropriately sized landscape buffer between the Percy House and the adjacent roads, parking and building; • the use of landscaping to frame the house and provide a visual buffer between it and the adjacent manufacturing facility; • the building's traditional setting within a farmstead; • the incorporation of salvaged elements from the barns and silos; • other related design approaches; • commemoration and/or interpretation scope and themes; and • provide discussion on how the design of the manufacturing facility, buildings, landscape, and urban design are compatible with the Percy House. In addition, the peer reviewer recommends that as part of the ongoing approvals process, the heritage consultant/architect should prepare a submit a Conservation Plan to the City for their review and approval, and that the owner enter into a Heritage Easement Agreement with the City. At the time of writing this report, the application has not been presented to the Heritage Pickering Advisory Committee for their comments and recommendations. 6. Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance that have been identified by staff for further review and consideration. These matters, and others identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant before a final recommendation report to Planning & Development Committee: • ensure the applications will implement the City’s Official Plan and the Seaton Neighbourhood policies; • ensure the proposal is consistent with the City’s urban design goals and objectives in the Seaton Sustainable Place-Making Guidelines; • ensure that the proposed new intersection of Highway 7 and the new municipal road (FGF Way) is located and designed to the satisfaction of MTO; • ensure that naming of streets are to the satisfaction of the City and the Region of Durham; • ensure that local and regional services, (i.e., water, sanitary sewer, storm sewers), can be extended to the subject lands to facilitate the development; - 21 - Information Report No. 11-22 Page 12 • require further information regarding the feasibility of moving the Percy House, and how will it be protected during construction; • ensure appropriate setbacks, landscaping, and space around the new location of the Percy House building are provided, in order to preserve the views of the heritage building, and create a visual buffer between the heritage building and the substantial building to the east; • in consultation with the TRCA, further evaluate the natural heritage features, and ensure appropriate buffers are provided for the long-term protection of these features; • ensure the traffic generated by the proposal will not require any transportation improvements external to the Seaton Community; • ensure that the submitted Functional Site Servicing Report is consistent with the Seaton Master Environmental Servicing Plan to the satisfaction of the Region, the City, and TRCA; and • explore opportunities to provide additional sustainable development features; and • ensure that required technical submissions and reports meet City standards. Further issues may be identified following receipt and review of comments from the circulated departments, agencies, and public. The City Development Department will conclude its position on the applications after it has received and assessed comments from the circulated department, agencies, and public. 7. Information Received Copies of the plans and studies submitted for the revised application listed below are available for viewing on the City’s website at pickering.ca/devapp or in person at the office of the City of Pickering, City Development Department: • Draft Plan of Subdivision Drawing, prepared by The Biglieri Group Ltd., dated June 7, 2022; • Planning Rationale Report, prepared by The Biglieri Group Ltd., dated June 7, 2022; • Conceptual Master Plan, prepared by Baldassarra Architects, dated June 3, 2022; • Functional Servicing and Stormwater Management Report, prepared by Sabourin Kimble and Associates Ltd., dated June 2022; • Site Grading and Site Servicing Plans, prepared by Sabourin Kimble and Associates Ltd.; • Conceptual Landscape Plan, prepared by Landscape Planning, dated June 2022; • Tree Inventory Plan and Arborist Report, prepared by Landscape Planning, dated May 9, 2022; • Hydrogeological Report, prepared by EXP Services, dated May 31, 2022; • Water Balance Assessment Report, prepared by EXP Services, dated June 3, 2022; • Geotechnical Report, prepared by EXP Services, dated May 26, 2022; • Environmental Impact Study, prepared Palmer Environmental, dated June 3, 2022; • Traffic Impact Study, prepared by BA Group, dated June 6th, 2022; • Phase I Environmental Site Assessment, prepared by Pinchin Environmental, dated May 27, 2022; • Cultural Heritage Evaluation Report, prepared by WSP, dated May 18, 2022; • Heritage Impact Assessment, prepared by WSP, dated May 18, 2022; • Structural Assessment and Feasibility Study, prepared by WSP, dated June 1, 2022; • Archaeological Assessment, prepared by WSP, dated April 26, 2022. - 22 - Information Report No. 11-22 Page 13 8. Procedural Information 8.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Hybrid Electronic Statutory Public Meeting; • all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; • any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and • any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. 9. Owner/Applicant Information The owner of the subject lands is Infrastructure Ontario, and FGF Brands/Caplink Limited is the perspective purchaser. Attachments: 1. Location Map 2. Neighbourhood 21: Pickering Innovative Corridor 3. Air Photo Map 4. Submitted Draft Plan of Subdivision 5. Submitted Conceptual Site Plan 6. Submitted Conceptual Landscape Plan Prepared By: Original Signed By Cristina Celebre, MCIP, RPP Principal Planner, Strategic Initiatives Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner CC:ld Date of Report: August 19, 2022 - 23 - Attachment #1 to Information Report 11-22 Highway 7 W h i t es Road 407 Highway Si d e l i n e 2 6 Si d e l i n e 2 8 City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: SP-2022-02 & A 04/22 Date: Jul. 21, 2022 Caplink Limited745 Highway 7 and 815 Highway 7 L:\PLANNING\01-MapFiles\SP\2022\SP-2022-02, A 04-22 Caplink Limited\SP-2022-03_LocationMap_v2.mxd 1:7,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. 745 Highway 7 815 Highway 7 SubjectLands - 24 - Attachment #2 to Information Report 11-22 L:\Planning\01-MapFiles\SP\2021 July 20, 2022DATE: Applicant: Municipal Address: File No: Neighbourhood 21: Pickering Innovation Corridor FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2022-02 & A 04/22 Caplink Limited 745 Highway 7 and 815 Highway 7 Subject Lands - 25 - Attachment #3 to Information Report 11-22 Highway 7 W h i t es Road 407 Highway Si d e l i n e 2 6 Si d e l i n e 2 8 E n t e rprise Gateway Air Photo MapFile:Applicant:Municipal Address:Date: Jul. 21, 2022 SubjectLands L:\PLANNING\01-MapFiles\SP\2022\SP-2022-02, A 04-22 Caplink Limited\SP-2021-XX_AirPhoto.mxd 1:7,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment SP-2022-02 & A 04-22Caplink Limited745 Highway 7 and 815 Highway 7 745 Highway 7 815 Highway 7 - 26 - Attachment #4 to Information Report 11-22 L:\Planning\01-MapFiles\SP\2021 July 20, 2022DATE: Applicant: Municipal Address: File No: Submitted Draft Plan of Subdivision FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2022-02 & A 04/22 Caplink Limited 745 Highway 7 and 815 Highway 7 N - 27 - Attachment #5 to Information Report 11-22 L:\Planning\01-MapFiles\SP\2021 August 16, 2022DATE: Applicant: Municipal Address: File No: Submitted Conceptual Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2022-02 & A 04/22 Caplink Limited 745 Highway 7 and 815 Highway 7 N - 28 - Attachment #6 to Information Report 11-22 L:\Planning\01-MapFiles\SP\2021 July 20, 2022DATE: Applicant: Municipal Address: File No: Submitted Conceptual Landscape Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2022-02 & A 04/22 Caplink Limited 745 Highway 7 and 815 Highway 7 N Manufacturing Plant Manufacturing Plant Manufacturing Plant Manufacturing Plant Distribution Centre Heritage Building Office/Learning Centre - 29 - Report to Planning & Development Committee Report Number: PLN 35-22 Date: September 6, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street Recommendation: 1. That Zoning By-law Amendment Application A 07/21, submitted by KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc., to expand the list of permitted uses on the lands municipally known as 1695 Bayly Street, be approved, subject to the recommended zoning provisions contained in Appendix I to Report PLN 35-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. Executive Summary: The subject property is located at the southwest corner of Brock Road and Bayly Street, within the Brock Industrial Neighbourhood (see Location Map, Attachment #1). The applicants initially requested to amend the existing site-specific zoning by-law to permit an automobile sales showroom and office; automobile service repair garage; and various commercial uses, including a bakery and commercial club. However, City and Regional staff were concerned that the introduction of the commercial-related uses would not be compatible with the proposed primary use of the property for an automobile sales showroom and automobile service repair garage. As such, the applicants have revised their proposal to permit the following uses only: automobile sales showroom and office; automobile service repair garage; office-associated commercial establishment; and printing shop. The applicants are proposing a single-storey, “L”-shaped, 913 square metre, multi-tenant building fronting the intersection of Brock Road and Bayly Street. Proposed uses include 2 automobile sales offices and 4 service garages (see Submitted Site Plan, Elevation Plan and Coloured Rendering, Attachments #3, #4 and #5). As part of the revised proposal, the applicants enhanced the massing of the building by increasing the height of the building at the Brock Road and Bayly Street intersection. Staff support the revised proposal as it conforms to the policies within the Durham Regional Official Plan and Pickering Official Plan, which encourage employment uses. Accordingly, staff recommends that Zoning By-law Amendment Application A 07/21 be approved. - 30 - September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1.Background 1.1 Property Description The subject property is located at the southwest corner of Brock Road and Bayly Street, within the Brock Industrial Neighbourhood (see Location Map, Attachment #1). The property has an area of approximately 0.6 of a hectare, with approximately 75 metres of frontage along Brock Road and 45 metres of frontage along Bayly Street. The property is currently vacant. The site was used until 2018 as a Petro-Canada service station and car wash facility. The current site-specific zoning for the property (By-law 5858/01) was enacted in 2001, and limits the permitted uses on the site to an automobile service station only. The surrounding land uses are as follows (see Air Photo Map, Attachment #2): North: Across Bayly Street are single-storey multi-tenant buildings with a range of industrial and limited commercial uses. South: Immediately to the south is a retail bike shop and an automobile repair shop. East: Across Brock Road are single-storey multi-tenant buildings with a range of industrial and limited commercial uses. West: Immediately to the west is a KIA automobile dealership, and further west is a recently constructed plaza with a range of industrial, limited commercial, and personal service uses. 2.Applicants’ Proposal The applicants initially requested an amendment to the existing site-specific zoning to permit the following uses: automobile sales showroom and office; automobile service repair garage; bakery; club; commercial club; commercial-recreational establishment; office-associated commercial establishment; and printing shop. Both the City and Regional staff identified a concern that the introduction of commercial uses (being bakery, club, commercial club and commercial-recreational establishment uses) would erode the primary employment uses for the subject site. Staff also questioned the compatibility of the commercial uses with the proposed primary use of the property for an automobile sales showroom and automobile service repair garage. As such, the applicants have revised their proposal to permit the following uses only: automobile sales showroom and office; automobile service repair garage; office-associated commercial establishment; and printing shop. - 31 - September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 3 The applicants are proposing a single-storey, “L”-shaped, 913 square metre multi-tenant building fronting the intersection of Brock Road and Bayly Street. Proposed uses include 2 automobile sales offices and 4 service garages (see Submitted Site Plan, Elevation Plan and Coloured Rendering, Attachments #3, #4 and #5). The remainder of the proposed uses is intended for opportunities for future tenancy. As part of the revised proposal, the applicants have enhanced the massing of the building by increasing the building height, and providing additional articulation and materials to further improve the architectural design of the building. To support the development, a total of 105 parking spaces are to be provided internal to the site, of which 30 spaces are intended for visitors and staff, and 75 parking spaces are intended as display spaces for the auto sales component. The proposal will be subject to site plan approval. 3.Comments Received 3.1 November 1, 2021, Electronic Statutory Public Meeting An electronic Statutory Public Meeting was held on November 1, 2021, where the owner of the adjacent KIA automobile dealership to the west spoke at the meeting. The following is a list of key comments and concerns expressed by the individual at the meeting: •concerned that the proposed uses will not maintain a level of prestige that is desired by the community; and •concerned that a proposed used car dealership will become an eyesore and have negative impacts on the surrounding streetscape. Key questions/comments raised by members of the Planning & Development Committee at the public meeting related to proposed automobile uses on the site; the long-term development of the site; the impact of the development on the streetscape; and outdoor storage on the site. Section 4.4 of this report provides a comprehensive list of comments/questions raised by Committee members and detailed responses to these questions. 3.2 Agency Comments 3.2.1 Region of Durham •no concerns with the revised zoning by-law amendment as it is consistent with the Provincial Policy Statement, and conforms with the Regional Official Plan; and •due to the proximity to the Brock Road and Bayly Street intersection, the Brock Road access will only permit right-in and right-out movements, and the Bayly Street entrance will only permit right-in access. - 32 - September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 4 3.3 City Department Comments 3.3.1 Engineering Services •no concerns with the approval of the zoning by-law amendment; and •requested revisions to the submitted technical plans, including the Functional Servicing and Storm Water Management Report, Site Plan, Site Grading Plan, Site Servicing Plan, and Landscape Plan will be addressed through the site plan approval stage. 3.3.2 Sustainability •the proposed development achieves a total of 32 points, which exceeds the minimum Level 1 points required by the City’s Sustainable Development Guidelines; •the applicants propose the following optional sustainability measures to achieve the Level 1 of the City’s Sustainable Development Guidelines: •providing 50 percent of plantings as native and drought tolerant species, as well as safe and effective use of pesticides; •redevelopment of a brownfield site to a more intensive use; •proximity to transit, with an existing Durham Regional Transit stop and shelter located on-site; •permeable paving to assist with stormwater management; and •developing a 3-stream waste management plan. •staff will be requesting further details from the proponent to confirm how the proposed sustainability measures have been, or will be met, through the site plan review process. 4.Planning Analysis 4.1 The revised proposal conforms to the Durham Regional Official Plan The Durham Regional Official Plan (DROP) designates the subject lands as “Employment Areas” in the Urban System, with a “Regional Corridor” overlay along Bayly Street. The Employment Areas designation permits a range of employment uses such as service industries, office buildings and business parks. The DROP states that the Region shall protect Employment Areas from consumption by personal service and retail uses. The revised proposal to permit employment uses on the site conforms to the applicable policies within the Durham Regional Official Plan. 4.2 The revised proposal conforms to the Pickering Official Plan The Pickering Official Plan designates the subject property as “Employment Areas – Mixed Employment”. This designation permits a range of employment uses, including automotive and vehicle sales and repair; light manufacturing; assembly and processing of goods; light service industries; offices; corporate office business parks; limited personal service uses; restaurants; hotels; financial institutions; community, cultural and recreational uses; and limited retailing of goods and services serving the area. - 33 - September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 5 The revised proposed employment uses for the site are permitted within the Mixed Employment designation. The proposal conforms to the Pickering Official Plan. 4.3 The City’s Urban Design Control Architect has conducted a review of the proposed building During the statutory public meeting, Committee members expressed concerns about the proposed building design given its prominence at the Brock Road and Bayly Street intersection. The Pickering Official Plan states that the highest performance standards for site operation and appearance are required in Mixed Employment areas. The subject lands are located at the gateway intersection of Brock Road and Bayly Street. The site is highly visible to the public and therefore requires development to be of high-quality design. The Official Plan requires new development to maintain appropriate massing, proper site configuration, and a high level of architectural and landscape design features to address adjacent public roads. As part of the revised proposal, the applicants have increased the height of the building at the Brock Road and Bayly Street intersection from approximately 7.0 metres to 8.3 metres, to create further prominence at the corner. In addition, landscaping is proposed along all perimeters of the property to enhance the street frontage and shield views of the surface parking. A landscape feature is also proposed at the intersection corner, which includes seating areas and plantings (trees and shrubs). In addition, the revised architectural drawings were peer-reviewed by the City’s Urban Design Review Consultant. Overall, the City’s Urban Design Review Consultant is satisfied with the layout of the site plan, and finds the building to be well designed. The building utilizes large amounts of fenestration, variation and interest in the roof line, provides a variety of cladding materials (steel panel cladding and stone cladding), and well-defined entrances. Further enhancements to the building could be explored to improve the architecture, such as providing more vision glazing along the front façade of the building. The Urban Design Review Consultant will continue to be consulted throughout the site plan review process. 4.4 Response to key questions/comments raised by Committee members during the statutory public meeting Below is a summary of key questions/matters raised by Committee members during the statutory public meeting, and the applicants’ or staff's responses. Questions from Committee Members Applicants’ or Staff’s Response Committee members questioned if the applicants would be pursuing auto body uses on the subject lands. The applicants have advised that there will be no auto body uses on site. The proposed site-specific zoning by-law specifically prohibits any auto body-related uses. - 34 - September 6, 2022 PLN 35-22 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 6 Questions from Committee Members Applicants’ or Staff’s Response Committee members questioned if the applicants will be selling innovative cars on-site, such as hybrid vehicles. The applicants have indicated that the tenants will decide which cars will be sold on-site. An electric vehicle charging station is proposed on-site. Committee members questioned if the sale and/or repair of strider vans is proposed as part of this development. The applicants have indicated that the ceiling and garage bays within the building are designed to be taller than normal to accommodate the sale and repair of strider vans. Committee members questioned the request for a bakery use and the intent of the overall long-term development of the subject lands. The applicants have removed the request for a bakery use. The intended long-term development of the subject lands is for a used car sales outlet and automobile service repair garage while permitting the office-associated commercial establishment and printing shop uses to provide flexibility for future tenants. Committee members expressed concerns about the impact the development may have on the streetscape, as the site is a key location in the City. As noted in Section 4.3 of this report, the design of the building has been peer-reviewed by the City's Urban Design Review Consultant. The Consultant is generally satisfied with the layout of the site plan and finds the building to be well designed. Through the site plan review process, staff will continue to engage the Urban Design Consultant to further explore opportunities to enhance the architectural design of the building. Committee members questioned if outdoor storage would be permitted on site, specifically the storage of non-operative vehicles or vehicles under repair. The implementing zoning by-law will prohibit outdoor storage. Committee members questioned if the applicants are requesting a truck rental zone. The applicants have indicated that a truck rental use has not been requested through this application and is not being considered at this time. 4.5 Development Services matters will be further addressed through a Site Plan Approval Application If Council approves this rezoning application, the applicants will be required to submit a Site Plan Review application. The City will have the opportunity to provide comments and conditions of approval to address development/technical matters such as, but not limited to: - 35 - PLN 35-22 September 6, 2022 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 7 •on-site grading and drainage; •functional servicing and stormwater management; •street tree planting and tree compensation; •construction management/erosion and sediment control; and •payment of cash-in-lieu of parkland dedication. 5.Zoning By-law to be finalized and forwarded to Council for enactment The applicants are requesting to rezone the subject lands from a “CA(F)” zone to an employment zone category to facilitate the proposed development. Staff support the rezoning application and recommends that a site-specific amending by-law be finalized and brought before Council for enactment. 6.Applicants’ Comments The applicants have been advised of and concur with the recommendations of this report. Appendix: Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 07/21 Attachments: 1.Location Map 2.Air Photo Map 3.Submitted Site Plan 4.Submitted Elevation Plan 5.Submitted Coloured Rendering - 36 - PLN 35-22 September 6, 2022 Subject: KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. Page 8 Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 37 - Appendix I to Report PLN 35-22 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 07/21 - 38 - Recommended Zoning By-law Provisions for Zoning By-law Amendment A 07/21 That the implementing zoning by-law expand the list of permitted uses on the subject lands, and include additional zoning standards in accordance with the following provisions: 1. Definitions Definition Automobile Sales Showroom and Office Shall mean a building or part of a building where new or used vehicles are displayed and/or offered for sale, rent or lease including the outside storage and display of vehicles. Automobile Service Repair Garage Shall mean an establishment for the servicing or repairing of automobiles, but shall not include a body shop. Body Shop Shall mean an establishment in which motor vehicle bodies are repaired and/or painted. Office-associated Commercial Establishment Shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, or an office furniture store. Printing Shop Shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting. 2. Permitted Uses (i) Automobile Sales Showroom and Office (ii) Automobile Service Repair Garage (iii) Office-associated Commercial Establishment (iv) Printing Shop 3. Prohibited Uses (i) A body shop is not a permitted use. - 39 - 4. Zone Regulations Provision “CA5” Zone Lot Frontage (minimum) 45.0 metres Lot Area (minimum) 0.5 of a hectare Building Location and Setbacks (i) Buildings and structures shall be located entirely within the building envelope as illustrated on the attached Schedule II. (ii) No building or portion of a building or structure shall be erected within the building envelop, unless a minimum of 80 percent of the entire length of the build-to-zone is occupied by a continuous wall. Gross Floor Area (minimum) 900 square metres Landscaped Open Space (minimum) 20 percent 5. Parking Requirements Parking shall be provided and maintained on the lot as follows: Permitted Use Minimum Requirement Automobile Sales Showroom and Office 3.0 parking spaces per 100 square metres of gross leasable floor area Automobile Service Repair Garage 4.0 parking spaces per repair bay All other permitted uses 5.5 parking spaces per 100 square metres of gross leasable floor area 6. Outdoor Storage (a) No outdoor storage or display of inoperative vehicles or equipment are permitted. (b) Despite the provision above, the display of automobiles in association with an automobile sales showroom use shall be permitted in any interior side and rear yard. 7. Special Provisions (a) All garbage facilities shall be contained within a fully enclosed structure attached or integrated into the building. (b) By-law 5858/01 is hereby repealed, which currently permits an automobile service station – type “F” on the subject property. - 40 - Bayly Street B r o c k R o a d Dillingham Road Clerk Mayor Schedule I to By-LawPassed ThisDay of i N XXXX/22XXrd XXXX 2022 CA5 45.7m 92 . 3 m 50 . 3 m 68.6m 21. 5 m 2 7 . 8 m - 41 - Bayly Street B r o c k R o a d N 2.0m Clerk Mayor Schedule II to By-LawPassed ThisDay of XXXX/22 XXXXXX 2022 2.0m 2.0m 2.0m 2.0m 2.0m 25.0m 50 . 0 m 15. 7 m 5. 0 m 5.0m Build-to-Zone Building Envelope - 42 - Attachment #1 to Report PLN 35-22 Bayly Street B roc k R o a d To y A v e n u e Sa l k R o a d Orangebrook Court Plummer S t re e t Di l l i n g h a m R o a d Don BeerArena City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 07/21 Date: Sep. 28, 2021 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc.1695 Bayly Street SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 07-21 - KMSD Mankaryous Holdings Inc\A07_21_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved.- 43 - Attachment #2 to Report PLN 35-22 Bayly Street B roc k R o a d To y A v e n u e Sa l k R o a d Orangebrook Court Plummer S t re e t Di l l i n g h a m R o a d Air Photo MapFile:Applicant:Municipal Address: A07/21 Date: Sep. 29, 2021 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc.1695 Bayly Street SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 07-21 - KMSD Mankaryous Holdings Inc\A07_21_AirPhoto.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment - 44 - Attachment #3 to Report PLN 35-22 Submitted Site Plan City Development Department June 2, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc.Applicant: Municipal Address: DATE: File No: 1695 Bayly Street L:\Planning\01-MapFiles\A\2021 N - 45 - Attachment #4 to Report PLN 35-22 L:\Planning\01-MapFiles\A\2021 June 2, 2022DATE: Applicant: Municipal Address: File No: Submitted Elevation Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 07/21 1695 Bayly Street KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. - 46 - Attachment #5 to Report PLN 35-22 L:\Planning\01-MapFiles\A\2021 June 2, 2022DATE: Applicant: Municipal Address: File No: Submitted Coloured Rendering FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 07/21 1695 Bayly Street KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. - 47 - Report to Planning & Development Committee Report Number: PLN 36-22 Date: September 6, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Comprehensive Zoning By-law Review Phase 2, First Draft of the Zoning By-law and Community Engagement - File: D-1100-101 Recommendation: 1. That Report PLN 36-22 of the Director, City Development & CBO, providing a discussion on the first draft of the City of Pickering Comprehensive Zoning By-law and community engagement, be received for information. Executive Summary: The first draft of the new City wide Zoning By-law, along with a sample interactive zoning map, are available for review and comment through Let’s Talk Pickering. The text and mapping can be reviewed and comments submitted online. Public consultation is currently underway and will continue to the end of 2022. An electronic open house, and in person drop-in sessions, will be scheduled throughout the fall. Comments received will inform the second draft of the By-law, to be released in early 2023 for statutory consultation. Staff is recommending that Council receive for information Report PLN 36-22 providing an update on the status of the first draft of the City of Pickering Comprehensive Zoning By-law and community engagement. Financial Implications: There are no financial implications applicable to this report. 1. Background In response to Report PLN 18-19 to the Planning & Development Committee (on June 17, 2019), that outlined the need to update and consolidate the City’s existing 6 parent Zoning By-laws 2511, 2520, 3036, 3037, 7364/14 and 7553/17, a multi-phase Comprehensive Zoning By-law Review (CZBR) was initiated. Phase 1 of the CZBR continued throughout 2020 and 2021, during which staff, along with the consultant, prepared a public consultation strategy, completed 8 discussion papers, and hosted an electronic open house. The discussion papers prepared in Phase 1 provided an overview of the relevant provisions in each of the existing parent zoning by-laws, along with an analysis of how the existing zoning relates to planning policies and legislation at the local, regional and - 48 - PLN 36-22 September 6, 2022 Subject: Comprehensive Zoning By-law Review Page 2 provincial levels. Also discussed were recent best practices in Ontario municipalities that have undertaken a comprehensive zoning by-law review. Ultimately, the discussion papers provided guiding principles, and recommended a zoning category structure for the preparation of the draft Comprehensive Zoning By-law (Draft Zoning By-law) in Phase 2. In Report PLN 03-22 to the Planning & Development Committee on January 10, 2022 (see Attachment #1), staff provided information on the Draft Zoning By-law, specifically about its structure; transition provisions; harmonization of definitions, general provisions; zoning categories; updating of parking provisions; site specific zoning amendments; zoning of the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas; and the use of new interactive mapping. 2. Public Release of the First Zoning Draft By-law and Public Engagement 2.1 Let’s Talk Pickering In July 2022, the first Draft Zoning By-law, and a sample interactive mapping tool, were released for public review and comment through Let’s Talk Pickering on the City’s website. This first Draft Zoning By-law will be available for review and comment until the end of November 2022. The text of the Draft Zoning By-law can be reviewed and comments submitted through Let’s Talk Pickering. The zoning mapping tool can be viewed and comments on the mapping be submitted by clicking on a property and completing the comment text area. Comments on the text and mapping will inform the second draft of the Draft Zoning By-law, which will be presented at a Statutory Public Meeting in early 2023. Let’s Talk Pickering is one central place for Draft Zoning By-law information. Currently, the site contains information and links to the project time line, the discussion papers, reports to Council, open house and informational videos, the text of the Draft Zoning By-law, the sample mapping tool, staff answers to submitted questions, community consultation program, and next steps. In the future, revised versions of the Draft Zoning By-law, and the mapping tool for the entire City, will be posted. In the coming weeks, there will be nine informational sheets released, summarizing a topic addressed in the Draft Zoning By-law. These sheets will contain explanatory graphics and outline key issues, and discuss how the existing Parent Zoning By-laws, and the Draft Zoning By-law, address the topic and related issues. The topics will include: 1. What is the Draft Zoning By-law? 2. How does the Draft Zoning By-law work? 3. Agricultural/Rural Areas: How does the Draft Zoning By-law protect and support agricultural and rural areas? 4. Employment Areas: How does the Draft Zoning By-law provide for a range of job opportunities and ensure land use compatibility? - 49 - PLN 36-22 September 6, 2022 Subject: Comprehensive Zoning By-law Review Page 3 5. Environmentally Sensitive Areas: How does the Draft Zoning By-law help conserve the environment? 6. Green Zoning: How can the Draft Zoning By-law help assist in supporting a more sustainable future? 7. Residential Neighbourhoods: How does the Draft Zoning By-law regulate development and character in our residential neighbourhoods? 8. Commercial and Mixed Use Intensification Areas: How does the Draft Zoning By-law address growth and intensification? 9. Parking and Loading: How does the Draft Zoning By-law enable balanced transportation options? 2.2 Public Engagement Consultation on the first Draft Zoning By-law is currently underway and will be completed by the end of 2022. An electronic open house will be scheduled for October 2022. At this open house, a presentation will provide an orientation on the Draft Zoning By-law, and will highlight major changes to the original existing Zoning By-laws that the Draft Zoning By-law proposes. Following the electronic open house, informal drop-in sessions at a City venue will be scheduled in October. Notice of the electronic open house and drop-in sessions will be circulated to the public, stakeholders, and Council. At the drop-in sessions, City staff and the City’s consultant will be available to provide one- on-one orientation to the Draft Zoning By-law. Additionally, staff will meet with any agency requesting an overview of the Draft Zoning By-law. 3. ‘Green’ Zoning Standards Review To implement the City’s Integrated Sustainable Design Standards Checklist, a review is underway to develop ‘green’ zoning provisions. The Green Zoning Standards Review will review other municipal zoning by-laws within the GTA to understand best practices for integrating sustainability requirements within municipal zoning provisions. Based on input from staff and stakeholders, zoning provisions will be recommended for incorporation into the second Draft Zoning By-law. Standards having potential for support through zoning provisions include, heat island reduction (green roofs, cool roofs, solar requirements), bird friendly design, common outdoor amenity space, private pedestrian walkways, light pollution reduction, bicycle parking and storage facilities, and electric vehicles (including plug-in hybrid vehicles). 4. Next Steps Consultation on the first Draft Zoning By-law, comprising an electronic open house and in person drop-in sessions, will take place during the fall of 2022. Comments received from the consultation will inform the preparation of the second Draft Zoning By-law. Site specific amendments, and the full interactive mapping tool will be included in the second Draft Zoning By-law. In early 2023, the second Draft Zoning By-law will be released for statutory consultation. - 50 - PLN 36-22 September 6, 2022 Subject: Comprehensive Zoning By-law Review Page 4 Attachment: 1. Report to Planning & Development Committee PLN 03-22 Prepared By: Original Signed By Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO DW :ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 51 - Attachment #1 to Report PLN 36-22 Report to Planning & Development Committee Report Number: PLN 03-22 Date: January 10, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Comprehensive Zoning By-law Review Phase 2, Status Update and First Draft of the Zoning By-law -File: D-1100-101 Recommendation: 1.That Report PLN 03-22 of the Director, City Development & CBO, providing an update on the status of the City of Pickering Comprehensive Zoning By-law Review, be received for information. Executive Summary: The first draft of the new City wide Zoning By-law, along with a sample interactive zoning map, will be available in the first quarter of 2022 for review and comment on the City’s Let’s Talk digital platform. This first draft will be the parent part of the By-law containing definitions, general regulations, establishment of zoning categories and their regulations, and parking regulations. Site specific exceptions and a full interactive map will be available through later drafts of the By-law. To assist in reviewing and commenting on the first draft Zoning By-law, there will be brief explanations of how certain matters are addressed by the By-law and how to determine the zoning of properties. Also through Let’s Talk, staff will provide answers to submitted questions, continue targeted community engagement and consultation, and provide updates on the Zoning Review. The draft Zoning By-law text and zoning schedules will be compliant with the Accessibility for Ontarians with Disabilities Act. Staff is recommending that Council receive for information Report PLN 03-22 providing an update on the status of the City of Pickering Comprehensive Zoning By-law Review. Financial Implications: There are no financial implications applicable to this report. 1. Discussion: 1.1 Guiding principles developed in Phase 1 of the Zoning Review were used to prepare the first draft of the City wide Zoning By-law In early 2021, staff reported to Council on comments received from the public and stakeholders, and on the details of the findings of the discussion papers prepared as part of Phase 1 of the Comprehensive Zoning By-law Review (the Zoning Review). The purpose of the Zoning Review is to consolidate and update Pickering’s existing 6 parent - 52 - Report PLN 03-22 January 10, 2022 Subject: Comprehensive Zoning By-law Review Page 2 Zoning By-laws 2511, 2520, 3036, 3037, 7364/14 and 7553/17. The discussion papers provided an overview of the following: the relevant provisions in each of the existing parent Zoning By-laws; an analysis of how the existing zoning relates to planning policies and legislation at the local, regional, and provincial levels; and a discussion of recent best practices in other Ontario municipalities. Each paper concludes with the identification and assessment of key policy gaps and issues, and proposes a general structure of zoning categories and provisions. 1.2 A draft Zoning By-law for the City is available for review and comment Through the Let’s Talk Pickering platform, the community will be able to view the first draft of the Zoning By-law text and the sample interactive mapping tool, and submit comments. To assist, there will be brief explanations of how certain matters are addressed by the By-law and how to determine the zoning of properties. Also through Let’s Talk, staff will provide answers to submitted questions, continue targeted community engagement and consultation, and provide updates on the Zoning Review. The draft Zoning By-law text and zoning schedules will meet the accessibility requirements of the Accessibility for Ontarians with Disabilities Act. When completed, the new City wide draft By-law will implement Official Plan policy, replace and update definitions and provisions, amalgamate site specific provisions, contain explanatory illustrations and notations, and allow more consistent interpretations of zoning provisions. The new City wide Zoning By-law and interactive mapping will be available on the City’s website and will be updated as new by-law amendments are adopted by City Council. 1.3 The formats of the more recently written Seaton and City Centre Zoning By-laws were used for the preparation of the first draft of the City wide Zoning By-law Zoning by-laws typically contain a number of main sections that apply to all zone categories, including administration, general regulation, definitions, and parking regulation. By-laws also include sections for specific zone categories, including residential, mixed use, employment, community use, utility, and natural heritage. Also included in zoning by-laws is a visual representation of the various zoning categories and how they apply to properties within the municipality. These maps are referred to as zoning schedules. The format of the new consolidated Zoning By-law will contain similar sections and mapping. Currently, there are 6 parent Zoning By-laws that govern the zoning of specific areas of the City. The existing Zoning By-laws include: • Zoning By-law 2511 – Frenchman’s Bay Area; • Zoning By-law 2520 – Bay Ridges Area; • Zoning By-law 3037 – Rural Area; • Zoning By-law 7364/14 – Seaton Urban Area; • Zoning By-law 7553/17 – City Centre; and • Zoning By-law 3036 – covers the remaining urban area. - 53 - Report PLN 03-22 January 10, 2022 Subject: Comprehensive Zoning By-law Review Page 3 The purpose of the Zoning Review is to consolidate, harmonize, and update the administration, general regulations, definitions, parking regulations and zoning categories and their regulations sections from the six parent By-laws and create one zoning document that covers the entire City. The residential, commercial, mixed-use, employment, environmental, open space, rural, and institutional zoning categories and regulations from the existing parent By-laws have been consolidated, renamed, and updated in the draft By-law. The City Centre zoning categories have been carried forward into the draft By-law and appear in a separate section. The Seaton Zoning By-law, along with recent Council adopted amendments, has also been carried forward into the draft By-law in its entirety. The sections of the first draft Zoning By-law are as follows: • Administration; • Establishment of Zones and Schedules; • Definitions; • General Regulations; • Parking, Stacking, and Loading Regulations; • Residential Zone Regulations; • Commercial and Mixed-Use Zone Regulations; • Employment Zone Regulations; • City Centre Zone Regulations; • Environmental Protection and Open Space Zone Regulations; • Rural and Oak Ridges Moraine Zone Regulations; • Institutional and Other (Urban Reserve and Utility Zones) Zone Regulations; • Seaton Urban Area; • Exceptions Zone; and • Zoning Schedules. 1.4 Existing conditions and transition provisions are addressed in the Administration section New structures and uses will be required to conform to the new City wide Zoning By-law once it is adopted by City Council, subject to the resolution of any appeals of the new By-law. However, as the intent of the new Zoning By-law is to consolidate existing zoning categories and provisions, the Administration section contains provisions allowing any existing use or structure, that is in conformity with the previous in-force parent Zoning By-laws, to continue. The Administration section also contains transition provisions that allow minor variance, site plan, and building permit applications that were submitted prior to the passing of the new City wide Zoning By-law (and that comply with all zoning by-laws in force at the time of application submission), to continue to be processed. The intent is to recognize previous planning approvals obtained in accordance with the existing Zoning By-laws, and to allow for the issuance of a building permit without further amendment to the new City wide Zoning By-law. - 54 - Report PLN 03-22 January 10, 2022 Subject: Comprehensive Zoning By-law Review Page 4 1.5 Definitions and general provisions are harmonized across the City Definitions, definition names, and zoning provisions have been consolidated and updated to reflect contemporary planning practice, and market and development trends. A few of the updated and new definitions included in the new draft Zoning By-law include active recreational use, agri-tourism, cannabis cultivation, grade or average grade, group home, and seasonal farm help dwelling. 1.6 The first draft of the new draft Zoning By-law includes updated definitions and provisions addressing matters such as secondary suites, and agricultural related uses Bill 108, the More Homes, More Choices Act, allows secondary suites in detached, semi-detached, and row houses, within primary dwellings and ancillary buildings, or structures such as coach houses and laneway houses. The different names and definitions used in the existing parent By-laws have been harmonized in the draft Zoning By-law to ensure conformity with the Planning Act, consistency throughout the draft By-law, and to encourage a greater range of housing options within the City. Provincial policies and guidelines encouraging expansion to the range of uses permitted in the agricultural areas are reflected in the draft By-law through new and updated definitions and regulations for agricultural uses. 1.7 While existing zoning categories were collapsed into new zoning categories, the intent is to maintain existing zoning permissions A review of each of the existing parent By-laws found that the By-laws did not use the same zones to categorize uses and development standards, presenting a challenge in consolidating the parent By-laws. A detailed analysis was undertaken of the existing zoning categories for each type of use, the minor variances approved, and the numerous site specific by-law amendments adopted over the years, to identify the similarities and differences between zones within the various land uses. The discussion papers discussed how the zones could be collapsed or eliminated, while maintaining the existing zoning permissions. The draft By-law contains streamlined zoning categories that conform with the Official Plan, while providing consistency across the City and continuity for residents and the development proponents. An objective of the Zoning Review was to retain the general intent of the existing parent By-laws, while ensuring that current zoning permissions were maintained. In many zone categories, the zoning permissions were expanded. A concordance table identifying how the existing zone categories are collapsed into new zone categories will be available on the Let’s Talk Pickering project site. - 55 - Report PLN 03-22 January 10, 2022 Subject: Comprehensive Zoning By-law Review Page 5 1.8 Parking provisions have been updated using a consolidation of Seaton and City Centre provisions and best practices The parking and loading provisions of the draft By-law have been updated to incorporate the modern aspects of the City Centre and Seaton By-laws, and best practices. This effectively introduces a zoning approach that better aligns with City, Regional, and Provincial policy for reducing automobile dependence, and increasing transit use. This approach includes aligning parking requirements across land uses, providing parking requirements where missing, applying consistent visitor parking requirements, expanding minimum dimensions for interior garage space, and implementing shared parking City wide. 1.9 The existing Seaton Zoning By-law 7364/14 is consolidated in the draft By-law as its own chapter The Seaton Zoning By-law is its own chapter, with its own definitions and general provisions. It remains mostly unchanged, with the exception of reflecting recent amendments adopted by City Council, and the removal of the administration section, which has been harmonized with the administration section for the overall draft By-law. 1.10 The by-law implementing the Kingston Road Corridor and Specialty Retailing Node and Intensification Study will be reflected in a future draft of the By-law The first draft of the draft By-law does not reflect the Kingston Road Corridor and Specialty Retailing Node and Intensification Study. However, the Council adopted implementing by-law will be reflected in a future draft of the By-law. 1.11 The second draft of the draft By-law will incorporate a review of all existing site-specific zoning by-law amendments A detailed review of the numerous site specific amendments is ongoing. Any existing site specific amendments, which will be permitted as of right (as a result of the new provisions and zoning categories of the draft By-law), will be deleted. For those site specific amendments that will not be permitted as of right, the site specific provisions will be carried forward into the new By-law. 1.12 Mapping is designed to be interactive, user friendly, and accessible An important outcome of the Zoning Review will be that both the new By-law text and mapping will be available through the City’s website for staff and the public to access. Paper copies of the By-law will also be available. The sample mapping that will be available on the Let’s Talk site, along with the first draft of the By-law, will allow the public and stakeholders to try out and comment on interactive mapping. The final By-law will contain mapping that includes an overall index map and coloured zone maps. Overlays will be used to identify other information that may affect what can happen on a property such as Oak Ridges Moraine, Minister’s Zoning Orders, and conservation authority regulated areas. - 56 - Report PLN 03-22 January 10, 2022 Subject: Comprehensive Zoning By-law Review Page 6 The intention is also to make the new Zoning By-law more visually appealing with the addition of graphics and illustrations, which will be included in the second draft of the draft By-law. 2. Next steps The first draft of the By-law will be available through Let’s Talk Pickering on the City’s website for the first quarter of 2022. During this time, staff will engage with the public and other stakeholders through open houses and meetings with specific stakeholders. Comments received during this time will inform the preparation of a second draft By-law. The second draft By-law will also be made available on the Let’s Talk Pickering site for further comment and will contain site specific exceptions and full interactive mapping. Prepared By: Original Signed By Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO DW :ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 57 - Report to Planning & Development Committe Report Number: PLN 37-22 Date: September 6, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Kingston Mixed Corridor and Brock Mixed Node Intensification Areas - City Initiated Zoning By-law Amendment - Engagement Strategy - File: OPA 20-004/P Recommendation: 1. That Council authorize staff to undertake the Engagement Strategy for the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Zoning By-law Amendment, as generally outlined in Report PLN 37-22; and 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Council directed City Development staff to work with the Economic Development & Strategic Projects Department, and the Public Affairs & Corporate Communications Division, to prepare an engagement strategy, for the City Initiated Zoning By-law Amendment process for the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas for endorsement by Council (see Resolution #799/22, Attachment #1). In accordance with the direction of Council, a Corporate Working Group (CWG) with representation from appropriate City departments was established and has met regularly to prepare the recommended Engagement Strategy presented in this report. The recommended Engagement Strategy is divided into four phases offering multiple opportunities for sharing information and feedback with, and between, City staff, residents, businesses, and other stakeholders. The engagement opportunities include Information Sessions, Workshops, a Survey, and Public Open House and Public Meeting required by the Planning Act. In addition, there will continue to be opportunities for individual meetings between staff, community members and stakeholders, throughout all phases. The recommended Engagement Strategy is supported by a Communications Plan that identifies tactics and tools to create broad knowledge and understanding of the project, and opportunities to participate such as: a dedicated content page on the City’s website; a dedicated content page and opportunities for participation on the City’s digital public engagement platform, Let’s Talk Pickering; a community survey; social media; facility banners; newspaper ads in the Pickering News Advertiser; Digital Community Billboard Signs and boulevard signs; mailed letters; and eNewsletters. - 58 - PLN 37-22 September 6, 2022 Subject: Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Page 2 Many of the recommended media opportunities come with no additional cost to the City. However, other recommended media, such as social media advertising, newspaper ads, and boulevard signs, have an associated cost. The recommended Engagement Strategy will have an advertising budget of approximately $5,000.00, in support of the Communications Plan, to help support reaching as wide an audience as possible for this initiative. Financial Implications: Advertising expenses associated with the Engagement Strategy and incurred in 2022 can be accommodated in the City’s 2022 approved budget. The balance of funds required for advertising in 2023 will be considered through the normal 2023 budget process. 1. Background 1.1 Genesis of the Engagement Strategy On January 24, 2022, Council passed Resolution #799/22 directing City Development staff to, among other matters, work with the Economic Development & Strategic Projects Department, and the Public Affairs & Corporate Communications Division, to prepare an engagement strategy for the City Initiated Zoning By-law Amendment process for the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas for endorsement by Council. This resolution was adopted in recognition of the interest of the residents, businesses, and other stakeholders, and concerns expressed by the public regarding the impacts and implications of future development within these intensification areas. 1.2 Official Plan Amendment 38 The Provincial Growth Plan, A Place to Grow, requires the Region of Durham and the City of Pickering to develop a strategy to accommodate provincial and regional population and employment targets. Through the South Pickering Intensification Study, the Kingston Mixed Corridor and the Brock Mixed Node were identified as the best place for intensification outside of the City Centre, which also enables the protection and maintenance of stable established residential neighbourhoods in the City. Following a two year detailed study, in December 2019, Council endorsed in principle the Kingston Corridor and Specialty Retailing Node Intensification Plan and draft Urban Design Guidelines. This report provided the vision and framework for intensification and redevelopment within the Kingston Road Corridor and Specialty Retailing Node and informed the preparation of Official Plan Amendment 38 (OPA 38). On January 24, 2022, Council adopted OPA 38 which adds new policies and changes existing policies and land use designations to the Pickering Official Plan, to enable the redevelopment and intensification of the Kingston Mixed Corridor and the Brock Mixed Node, in support of the anticipated population and employment growth. - 59 - PLN 37-22 September 6, 2022 Subject: Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Page 3 OPA 38 is being reviewed by, and will not be in effect until it receives approval from, the Regional Municipality of Durham. The recommended engagement strategy will commence following the approval of OPA 38. 1.3 Corporate Working Group In accordance with Resolution #799/22, a Corporate Working Group (CWG) was established in April 2022 and consisted of representation from City Development Department, Economic Development & Strategic Projects Department, and the Public Affairs & Corporate Communications Division. The CWG has met regularly since April 2022 to prepare the recommended engagement strategy presented in this report. 2. Engagement Strategy and Communications Plan 2.1 Engagement Strategy The successful completion of this Engagement Strategy will result in information sharing with, and robust feedback from, residents, businesses and other stakeholders, related to the draft Zoning By-law Amendment for the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas. Staff is proposing an Engagement Strategy that will include continued collaboration between City departments through the CWG meetings, to be completed in four phases as follows: • Phase 1: Inform and Discuss will include Information Sessions, Workshops, and a Survey to inform and consult with the community, and to begin the discussion about the Kingston Mixed Corridor and Brock Mixed Node Zoning By-law Amendment. The Information Sessions and Workshops will be distinguished according to precincts, and will also include sessions targeted specifically to business owners and leaseholders. • Phase 2: Statutory Open House and Public Meeting will include a Public Open House and Public Meeting, required by the Planning Act. These statutory meetings will serve to present the Draft Zoning By-law Amendment for the intensification area, and offer an opportunity for feedback from the community and stakeholders. • Phase 3: Comment: Based on the feedback from the community and stakeholders in Phase 2, staff may propose revisions to the Draft Zoning By-law Amendment. Staff will then prepare the Recommendation Report. If necessary, an additional engagement session (a Public Information Centre), could be scheduled to present a revised Draft Zoning By-law Amendment to the community and stakeholders, prior to staff’s preparation of the Recommendation Report. - 60 - PLN 37-22 September 6, 2022 Subject: Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Page 4 • Phase 4: Decide will include staff’s presentation of a Recommended Zoning By-law Amendment to Planning & Development Committee for Council’s consideration. There will always be opportunities for individual meetings between staff and community members and stakeholders throughout all phases. In addition, the Engagement Strategy will be supported by a Communications Plan, which is detailed in section 2.3 of this report. 2.2 Timing/Project Management The Engagement Strategy could be completed in 12 months and in 4 phases: • Phase 1: Inform and Discuss will begin following the Region’s approval of OPA 38 and take 3 to 4 months to complete. • Phase 2: Statutory Open House and Public Meeting could take 1 to 2 months to complete. • Phase 3: Comment could take 3 to 4 months to complete. An additional engagement session in Phase 3 could add another 2 months to the process. • Phase 4: Decide could take 1 to 2 months to complete. Reporting to Planning & Development Committee will occur through an Information Report in Phase 2 (to be considered at the Statutory Public Meeting) and a Recommendation Report at the conclusion of Phase 4. 2.3 Communications Plan The Public Affairs & Corporate Communications Division, in consultation with the Corporate Working Group, has prepared a Communications Plan that outlines the background and objectives of the initiative, as well as a variety of tools at the City’s disposal for communicating with its target audience. The Communications Plan is a living document that is flexible enough to respond to changing needs throughout the project. Identified tools to reach the target audience include: • a dedicated content page and opportunities for participation on the City’s digital public engagement platform, Let’s Talk Pickering; • a community survey; • social media; • facility banners; • newspaper ads in the Pickering News Advertiser; • Digital Community Billboard Signs and boulevard signs; • mailed letters; and • eNewsletters. - 61 - PLN 37-22 September 6, 2022 Subject: Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Page 5 The Communications Plan proposes media opportunities that the City owns, such as the website and Let’s Talk Pickering, which does not have any additional cost associated with it. Other media, such as social media advertising, newspaper ads, and boulevard signs, will benefit from a budget of approximately $5,000.00. Advertising expenses associated with the Engagement Strategy incurred in 2022 can be accommodated in the City’s 2022 approved budget. The balance of funds required for advertising in 2023 will be considered through the normal 2023 budget process. 2.4 Relationship to the Comprehensive Zoning By-law Review Consultation processes for the Draft Comprehensive Zoning By-law, and the Kingston Mixed Corridor and Brock Mixed Node Zoning By-law Amendment, are proceeding separately and concurrently. The completed Zoning By-law Amendment for the Kingston Mixed Corridor and Brock Mixed Node will be incorporated into the final Comprehensive Zoning By-law. 3. Recommendation It is recommended that City staff undertake an Engagement Strategy for the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Zoning By-law Amendment generally as outlined in Report PLN 37-22. It is anticipated that the engagement strategy will take approximately 12 months and benefit from an advertising budget approximately $5,000.00. Attachment: 1. Resolution #799/22 - 62 - PLN 37-22 September 6, 2022 Subject: Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Page 6 Prepared By: Original Signed By Margaret Kish, MCIP, RPP Principal Planner, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Mark Guinto Division Head, Public Affairs & Corporate Communications Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Original Signed By Fiaz Jadoon Director, Economic Development & Strategic Projects MK:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 63 - Attachment #1 to Report PLN 37-22Legislative Services Division Clerk’s Office Directive Memorandum February 1, 2022 To: Kyle Bentley Director, City Development & CBO From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on January 24, 2022 Director, City Developments & CBO, Report PLN 06-22 City Initiated Official Plan Amendment 38 Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Supplemental Information in relation to Council Resolution #730/21 File: OPA 20-004/P Council Decision Resolution #799/22 1.That Council adopt the By-law to enact Official Plan Amendment 38, provided as Exhibit ‘A’ to Appendix I to Report PLN 06-22, in accordance with Report PLN 41-21 and Council Resolution #730/21; 2.That the City Development Department be directed to provide an annual report to Council on the monitoring program and changes within Strategic Growth Areas in the City, including the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas and the City Centre; 3.That the City Development Department be directed to work with the Economic Development & Strategic Projects Department, and the Public Affairs and Corporate Communications Division, to prepare an engagement strategy, for the City Initiated Zoning By-law Amendment process for the Kingston Mixed Corridor and Brock Node Intensification Areas, and for the City Centre, for endorsement by Council; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer - 64 - Report to Planning & Development Committee Report Number: PLN 39-22 Date: September 6, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP-2015-03 (R) Zoning By-law Amendment Application A 05/15 (R) Seaton TFPM Inc. Part Lots 17 to 19, Concession 4 and Part Lots 17 to 22, Concession 5 Seaton Community Recommendation: 1. That Draft Plan of Subdivision Application SP-2015-03 (R), submitted by Seaton TFPM Inc., on lands being Part Lots 17 to 19 and Concession 4, Part Lots 17 to 22, Concession 5, to establish a plan of subdivision consisting of blocks for prestige employment uses, residential uses for approximately 2,205 dwelling units, mixed-uses, community uses, parks, open spaces, stormwater management facilities, and public roads as shown on Attachments #7 and #8 to Report PLN 39-22, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2. That Zoning By-law Amendment Application A 05/15 (R), submitted by Seaton TFPM Inc., to implement Draft Plan of Subdivision SP-2015-03 (R) on lands being Part Lots 17 to 19, Concession 4 and Part Lots 17 to 22, Concession 5, be approved subject to the provisions contained in Appendix II to Report PLN 39-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and 3. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider minor variance applications resulting from the processing of applications for draft plan of subdivision, site plan approval, and building permits, submitted by Seaton TFPM Inc., for the lands being Part Lots 17 to 19 and Concession 4, Part Lots 17 to 22, Concession 5, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Executive Summary: Seaton TFPM Inc. has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to permit the approval and implementation of a draft plan of subdivision, proposing multiple lots and blocks of land for a broad range of uses, including employment, mixed-use, residential, community facilities such as parks, schools, and a recreation centre located within Thompson’s Corners Neighbourhood. The proposed draft plan of subdivision is appropriate and conforms to the Central Pickering Development Plan, the Pickering Official Plan, and the Thompson’s Corners Neighbourhood policies. The proposal represents good planning and appropriate development for the subject lands. - 65 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 2 Accordingly, staff recommend that Council approve the Draft Plan of Subdivision Application SP-2015-03 (R), and endorse the implementing conditions of approval, as set out in Appendix I. It is also recommended that Zoning By-law Amendment Application A 05/15 (R) be approved, and the draft zoning by-law, as set out in Appendix II, be finalized and forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. 1. Background 1.1 Property Description In 2015, the (then) Ontario Infrastructure and Land Corporation (OILC) submitted 5 separate applications for approval of draft plans of subdivision and related zoning by-law amendments for lands in several Seaton Neighborhoods, including the subject lands located within Thompson’s Corner Neighbourhood. In 2018, OILC sold the subject lands to Seaton TFPM Inc., who revised the applications. Seaton TFPM Inc., proceeded with the approval of the first phase of the draft plan of subdivision referred to as Phase 1A, located south of Fifth Concession Road, in advance of the remaining draft plan (see Location Map, Attachment #1). On April 26, 2021, Council endorsed the Phase 1A draft plan and related conditions, and approved the implementing site specific by-law. The lands were draft plan approved on October 13, 2021. The lands subject to this report, are the remaining draft plan of subdivision lands located within Thompson’s Corner Neighbourhood, consisting of multiple individual parcels having a total land area of approximately 122 hectares (see Air Photo Map, Attachment #2). Surrounding land uses include: North: The Hamlet of Brougham, and on the north side of Highway 7 are rural lands owned by the Federal Government intended for a future airport site; these lands currently support agricultural/rural activities. South: Additional lands owned by the Province designated as Seaton Natural Heritage System. East: North of the Fifth Concession Road are rural/open space lands, and south of the Fifth Concession Road, in the Town of Ajax, there is a pioneer cemetery and rural uses. West: Additional lands owned by the Province that are designated as Seaton Natural Heritage System, and along the Highway 407/ETR corridor are additional future Employment Lands, and the eastern edges of Seaton Neighbourhoods 19 and 21. - 66 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 3 1.2 Applicant’s Revised Proposal The submitted draft plan of subdivision contains blocks for a broad range of uses, including employment, mixed-use, residential, community facilities, such as schools, parks, and a recreation centre. An outline of the details of the draft plan are noted on Attachment #3, and illustrated on the Colour Revised Draft Plan of Subdivision on Attachment #4. The proposal includes approximately 2,205 residential units consisting of: • 144 detached dwellings and 601 street townhouses; and • a minimum of 1,460 residential units are projected for the Mixed Corridor, Community Node and Gateway site blocks, based on the minimum required density. The zoning for these lands will permit a variety of residential forms, such as apartments and mixed use buildings, block townhouses and back-to-back townhouses. These lands will be subject to site plan approval, and therefore, the uses, densities, and number of units will be determined in future applications. Through collaboration between City staff and the applicant, the following is a summary of the key changes that have been made to the proposal (see Attachment #4, and Revised Draft Plan Part A and Part B, Attachments #7 and #8): • the number of units increased slightly from 2,203 units to 2,205 units; • local municipal roads and stormwater management ponds were added for the prestige employment blocks located north of 407 and west of Mowbray Street, as generally shown on the Thompson’s Corner Neighbourhood Plan; • a condition of draft approval was added, requiring the applicant to make appropriate arrangements to acquire necessary lands from the Federal and/or Provincial authorities to provide road right-of-way width to municipal standards to employment Blocks located east of Mowbray Street and south of Highway 7; • an east-west trail head block was added from the Neighbourhood Park, located west of Brock Road, across the Natural Heritage System (NHS), via a walkway to a local street, providing a direct route to a Park for residents located the west side of Brock Road; and • a trail head block was added west of Sideline 16, providing a direct connection to a Neighbourhood Park. 2. Comments Received 2.1 October 5, 2015 and March 2, 2020 Statutory Public Meeting On October 5, 2015, a Statutory Pubic Meeting was held to consider five separate draft plans of subdivision and related zoning amendment applications submitted by Ontario Infrastructure and Land Corporation (OILC) including the lands located in Neighbourhood 20: Thompson’s Corner Neighbourhood Plan. On March 2, 2020 a Statutory Public Meeting was held to consider the Seaton TFPM Inc. applications. No members of the public, who attended this meeting, voiced concerns regarding the proposed applications. - 67 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 4 2.2 March 7, 2022 Electronic Statutory Public Meeting On March 7, 2022, a Statutory Public Meeting was held to consider the revised applications for Seaton TFPM Inc. Members of the Planning & Development Committee raised the following key comments or questions at the Statutory Public Meeting: • requested a timeline of construction for the various components of the proposed development; • questioned whether the City would be working with the landowner to expedite the approvals of commercial/employment lands of the development; • commented that there should be sufficient retail space provided; and • commented that new schools be designed with safe drop-off and pick-up areas so as to not conflict with surrounding residential lands. 2.3 City Departments & Agency Comments 2.3.1 City of Pickering Engineering Services Department • no objection to the approval of the zoning by-law amendment and plan of subdivision subject to conditions of approval; • matters concerning detailed grading and drainage, stormwater management, construction management/erosion and sediment control, site servicing, detailed right-of-way design, utility locations, easements, tree compensation, fencing details, and street tree planting will be further reviewed through conditions of draft plan of subdivision approval. 2.3.2 Region of Durham • no objection to the approval of the zoning by-law amendment and draft plan of subdivision, subject to the conditions of draft approval provided by the Region; and holds being placed on lots, as requested by the TRCA (see Section 3.4); • the proposal is consistent with the Provincial Policy Statement; • the proposed development conforms to the Growth Plan by supporting compact communities; • the proposed applications conform to the Durham Region Official Plan and the Central Pickering Development Plan; • the lands located in the draft plan are within both the Phase 1 and Phase 2 servicing areas of the Seaton Community; • Regional municipal infrastructure and roadworks required in Phase 2 are dependent on the execution of the Phase 2 Front Ending Agreement; • the provision of sanitary sewers to the Phase 1 and Phase 2 lands is dependent on the extension of the Seaton East trunk sanitary sewer on Brock Road and Elsa Storry Avenue; and - 68 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 5 •the Region will require the applicant to implement the conditions of draft approval, addressing matters such as, but not exclusive to, noise mitigation, archaeological potential, Environmental Site Assessment and Record of Site Condition, and traffic and transit infrastructure. 2.3.3 Toronto and Region Conservation Authority (TRCA) •no objections to the approval of the zoning by-law amendment and draft plan of subdivision, subject to conditions of approval provided by the TRCA; and •technical matters can be addressed through the implementation of the conditions of approval. 2.3.4 Durham Catholic District School Board (DCDSB) •no objections to the approval of the zoning by-law amendment and draft plan of subdivision, subject to the conditions of draft approval provided by the DCDSB; •Block 89 is designated as a Catholic elementary school site; and •although a school site has been reserved for this development, a school may not be built for several years, and the students generated by the development may have to attend an existing school outside of their immediate neighbourhood. 2.3.5 Durham District School Board (DDSB) •no objections to the approval of the zoning by-law amendment and draft plan of subdivision, subject to the conditions of draft approval provided by the DDSB; •Block 90 designated as an elementary school site, and Block 91 a secondary school site; and •although school sites have been reserved for this development, schools may not be built for several years, and the students generated by the development may have to attend existing schools outside of their immediate neighbourhood. 2.3.6 Ministry of Transportation (MTO) •no objections to the approval of the zoning by-law amendment and draft plan of subdivision, subject to the conditions of draft approval provided by MTO; and •technical matters can be addressed through the implementation of the conditions of approval. 3.Planning Analysis 3.1 The draft plan of subdivision conforms to the Central Pickering Development Plan, the Pickering Official Plan, and is consistent with the policies for the Thompson’s Corners Neighbourhood The Central Pickering Development Plan (CPDP) sets out the principles and goals that outline the general development vision for the overall Seaton Urban Area. The vision includes the integration of new, sustainable urban development, while ensuring the protection, maintenance, and enhancement of the natural heritage system. The objectives and policies of the CPDP are designed to achieve the vision of Seaton. - 69 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 6 The subject lands are located within the Seaton Urban Area. The Official Plan contains policies governing the various land use designations, such as Residential Areas, Mixed Use Areas, Employment Areas, and Open Space System, that govern lands in the draft plan of subdivision. The Official Plan establishes various policies for such matters as density, intensity of land use, and sustainability. Chapter 11 of the Official Plan further defines the land use designations, as well as establishes policies for such matters as the Seaton natural heritage system, cultural heritage, sustainable development, servicing, population targets, and urban design. The Thompson’s Corner Neighbourhood is planned to have a broad range of land uses and residential built forms and densities (see Neighbourhood 20: Thompson’s Corner Neighbourhood Plan, Attachment #5). The proposed development will result in a compact, walkable and pedestrian focused neighbourhood. It is planned as a complete community, that includes a full range of uses, including employment, mixed use, community facilities and residential areas, with linkages to the Natural Heritage System. The proposed revised plan of subdivision conforms to the CPDP, the Pickering Official Plan, the Seaton Urban Area policies, and the Thompson’s Corners Neighbourhood Plan policies. 3.2 The Draft Plan of Subdivision complies with the Seaton Sustainable Place-Making Guidelines The Seaton Sustainable Place-Making Guidelines address the urban design guidelines contained within the CPDP. Further, they expand upon the key design elements, set out minimum standards and benchmarks for plans of subdivision and site plans, and list the range of matters that are to be addressed in the development of the lands. The Guidelines also provide direction on the design of the public realm, built form, and green infrastructure and buildings. The subdivision has been designed in accordance with the Guidelines and addresses the subdivision urban design requirements. Further design matters will be expanded upon in the required architectural control guidelines that will be required as a condition of draft plan approval. 3.3 The draft plan of subdivision will be developed in phases The lands subject to the proposal are located within both the Phase 1 and Phase 2 servicing areas of the Seaton Community (see Revised Draft Plan of Subdivision (Parts A and B), Attachments #7 and #8). Regional municipal infrastructure and roadworks required in Phase 2 are dependent on the execution of the Phase 2 Front Ending Agreement, and Holding provisions, as described in Section 3.7. The applicant has prepared a phasing plan in accordance with the servicing areas of the Seaton Community (see Applicant’s Phasing Plan, Attachment #6). Phases 1A and 1B are within the Seaton Phase 1 servicing area. The first phase of the Thompson’s Corners Neighbourhood to be developed is Phase 1A, located south of Fifth Concession Road, which was draft approved on October 13, 2021. The next phase to be developed is - 70 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 7 Phase 1B, located west of Brock Road, north of Alexander Knox Drive. The applicant advises that Phase 1B is targeted to start servicing in the Fall of 2023. The construction of detached dwellings and townhouse units is anticipated to begin the summer of 2024. The applicant advises that park blocks within Phase 1B will be built after the completion of residential units, and as residents start to occupy their homes. The timing of the completion of parks is dependent on the time of year, size, and complexity of the project. The applicant further advises that the development of the mixed-use blocks (including but not limited to apartment buildings, back-to-back townhouses, and mix of retail uses) located within Phase 1B will be developed in the future, and is dependent on end user and market conditions. Lands within the Applicant’s Phasing Plan referred to as Phases 2A, 2B, and Future Phase 2 (employment blocks) are located within Phase 2 servicing areas of the Seaton Community. These lands will be developed in a phased sequence, based on receiving all required approvals, and market demand for these blocks. 3.4 The TRCA and the City require a ‘hold condition’ on portions of the draft plan of subdivision to prevent the sale of lots until additional technical work is submitted The TRCA and the City's Engineering Services Department advises that additional technical work is required with respect to portions of the draft plan of subdivision, and request that “holds” (hold condition) be placed on specific blocks until the applicant resolves technical environmental and engineering matters at the detailed design review stage. As a result of the holds condition, the applicant may not sell or market these lands. The blocks subject to the hold condition are located within the Phase 2A of the draft plan, located east of Brock Road and north of Fifth Concession Road, as shown on the Applicant’s Phasing Plan, Attachment #6. The affected blocks are planned for residential uses, mixed corridor, gateway sites, and community nodes uses. The hold condition does not apply to blocks intended for community uses, including schools, recreation centre, and park blocks loca ted within this phase of the plan. Both the City and TRCA are requiring, as a condition of approval, that the Owner enters into a “no sales or marketing agreement” with the City, and the Owner registers a section 118 restrictive covenant on the lands. These actions prohibit the sale, marketing, or other disposition of the certain lots and blocks identified in the conditions of approval, until such time as the Owner resolves the technical requirements. Once the TRCA and the City are satisfied, then the City will do all things necessary to release the area to allow the sale of the affected blocks. If the Owner is not able to resolve the technical environmental and/or engineering matters in Phase 2A at detailed design, the applicant will be required to revise the portion of the draft plan layout and rezone the lands affected. - 71 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 8 3.5 Response to Additional Key Concerns As noted in Section 2.2 of this report, the Planning & Development Committee provided comments at the Electronic Statutory Public Meeting held on March 7, 2022. The applicant has addressed questions regarding the timing of construction of various components of the development. The table below summarizes other questions raised at the Planning & Development Committee. Comments Response Questioned whether the City would be working with the landowner to expedite the approvals of commercial and employment lands of the development. As discussed in Section 3.3 of this report, employment uses are located in Seaton Phase 2 servicing areas. These lands can be developed once the Seaton Landowners Group execute the Phase 2 Front Ending Agreement, and the Holding provisions are lifted. In addition, commercial uses are permitted within mixed-use zones, and the applicant advises that the development of the mixed-use blocks (including but not limited to, apartment buildings, back-to-back townhouses and mix of retail uses) located within Phase 1B, will be developed in the future, and are dependent on end user and market conditions. Some of the mixed-use blocks are also located in Seaton Phase 2 servicing areas. Requested that the new schools be designed with safe drop off and pick up areas that do not conflict with surrounding residential lands. City staff will work with the respective school boards to ensure the site design of new school blocks provides for a safe and convenient pedestrian circulation, drop-off, and pick-up areas and parking areas. 3.6 Exemption to the two year time-out period for minor variance applications Bill 73, the Smart Growth for Our Communities Act, 2015, amended the Planning Act by removing the ability for an applicant to apply for a minor variance for two years following the passing of an applicant-initiated zoning by-law amendment. However, the Planning Act changes also permit a municipal Council to allow minor variance applications to proceed on a case-by-case basis by Council resolution. The Province indicated that the intent of the amendment is to prevent, for a two-year period, zoning provisions that Council determines to be important from being reversed through the minor variance process. Staff recommend that Council grant an exemption, in accordance with Section 45 (1.4) of the Planning Act, to permit minor variance applications to be considered by the Committee of Adjustment, resulting from the further processing of the draft plan of subdivision, and site plan and building permit applications. - 72 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 9 3.7 Zoning By-law Amendment The applicant has requested a zoning by-law amendment to repeal Zoning By-law 3037 as it affects the lands subject to Zoning By-law Amendment Application A 05/15 (R), and to add these lands to the Seaton Zoning By-law 7364/14 to facilitate the implementation of the draft plan of subdivision. The existing performance standards of Seaton Zoning By-law 7364/14 for detached dwellings, street townhouses, mixed uses, employment uses and community uses will be applied to the proposed draft plan of subdivision. In accordance with the Pickering Official Plan, Chapter 11, Seaton Urban Area, the completion of a future transportation planning study is to be undertaken by the Seaton landowners and completed prior to development proceeding beyond the Seaton first phase of development. Therefore, as per Section 11.1 of Seaton Zoning By-law 7364/14, a holding provision is applied to draft plan of subdivision lands beyond the Seaton Phase 1 lands, as shown in hatching on the draft Schedules I, II and III, Appendix II. Holding provisions shall be removed when: i) a transportation study is completed identifying the need, and if warranted, the extent and timing of additional transportation improvements including collector and arterial roads internal to the Seaton Urban Area, road linkages external to the Seaton Urban Area including linkages internal and external to Durham Region and interchanges with Highway 407 ETR that may be required to support development beyond the first phase, which shall not exceed 9,800 detached equivalent units, as defined in the Staged Servicing and Implementation Strategy. The transportation study is to be undertaken by the landowners in consultation with the City of Pickering, Durham Region, City of Toronto and York Region, and shall be in accordance with Policy 11.74 (b) of the Pickering Official Plan, as amended by Pickering Official Plan Amendment 22; and ii) the City is satisfied that the transportation improvements identified in the transportation study referred to in (i) above as required to support the development of the subsequent phase to be released from the H – holding provision will be provided in accordance with the timing recommended by the transportation study, and that satisfactory arrangements are in place for the funding of those transportation improvements. Staff supports the rezoning application, and recommends that the draft by-law, attached as Appendix II to this Report, be finalized and forwarded to Council for enactment. 3.8 Technical matters will be addressed as conditions of subdivision approval To ensure appropriate development, the City, Region, TRCA, and MTO and agency requirements have been provided as conditions of approval for the subdivision application. Technical matters to be further addressed include, but not limited to: • architectural treatment; • road design; • noise attenuation measures; • construction management/erosion and sediment control; - 73 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 10 • stormwater management; • on-site grading and drainage; • site servicing; • fencing; and • street tree planting and tree compensation. The draft conditions of approval set out in Appendix I to this Report address these and other matters. It is recommended that Council endorse these conditions. 4. Conclusion Staff support the applications for draft plan of subdivision and rezoning for the Thompson’s Corners Neighbourhood. The proposed subdivision design generally follows the street layout and land uses identified in the Pickering Official Plan. The recommended zoning by-law provides for consistent development performance standards throughout the Seaton Community. Staff recommend that Council approve the Draft Plan of Subdivision and Zoning By-law Amendment applications, subject to conditions of approval as set out in Appendix I, and recommended zoning by-law provisions as set out in Appendix II. Additionally, staff recommend that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act to permit minor variance applications to be considered by the Committee of Adjustment, resulting from the processing of the draft plan of subdivision or building permit applications. 5. Applicant’s Comments The applicants have been advised of and support the recommendations of this report. Appendices Appendix I Recommended Draft Plan Conditions for Draft Plan of Subdivision SP-2015-03 (R) Appendix II Recommended Zoning By-law Amendment for Zoning By-law Amendment A 05/15 (R) Attachments: 1. Location Map 2. Air Photo Map 3. Details of the Draft Plan of Subdivision 4. Colour Revised Draft Plan of Subdivision 5. Neighbourhood 20: Thompson’s Corner Neighbourhood Plan 6. Applicant’s Phasing Plan 7. Revised Draft Plan of Subdivision (Part A) 8. Revised Draft Plan of Subdivision (Part B) - 74 - PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 11 Prepared By: Original Signed By Cristina Celebre, MCIP, RPP Principal Planner, Strategic Initiatives Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO CC:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 75 - Appendix I to Report PLN 39-22 Recommended Draft Plan Conditions for Draft Plan of Subdivision SP-2015-03 (R) - 76 - Draft Recommended Conditions of Draft Approval Plan of Subdivision: SP-2015-03 (R) Part of Lots 17 to 19, Concession 4, Part of Lots 19 and 20, Concession 5 Seaton TFPM Inc. City of Pickering Section A – General 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Korsiak Urban Planning, revised and dated June 22, 2022 (Part A and Part B), which illustrates 12 prestige employment node blocks, 2 prestige employment general blocks, 13 blocks for 144 detached dwelling units, 31 blocks for 601 street townhouse dwelling units, 2 Community Node blocks containing 338 units, 5 Mixed Corridor Type 2 blocks containing 526 units, 5 Gateway Site blocks containing 596 units, a high school block, 2 elementary school blocks, a recreation centre block, 2 neighbourhood park blocks, a village green block, 5 trailhead blocks, an enhanced pedestrian boulevard block, 6 stormwater management facility blocks, 1 overland flow block, a servicing block, an open space block, 2 reserve blocks, 2 road allowance blocks and roadways. 2. Prior to final approval of this plan for registration, the Director, City Development for the City of Pickering shall be advised in writing by: (i) The Region of Durham how Conditions A-1, and all conditions in Section B have been satisfied. (ii) The Toronto and Region Conservation Authority how all conditions in Section D have been satisfied. (iii) The Durham District School Board how all conditions in Section E have been satisfied. (iv) The Durham Catholic District School Board how all conditions in Section F have been satisfied. (v) Ministry of Transportation how all conditions in Section G have been satisfied. Section B – Region of Durham 1. The Owner shall prepare the final plans and shall include a land use table on the basis of the approved draft plan of subdivision, prepared by Korsiak Urban Planning, dated Revision K, June 22, 2022, which illustrates: 13 blocks containing 144 single detached dwelling units, 31 blocks containing 601 street townhouse units, 5 Mixed Corridor Type 2 blocks containing 526 units, 2 Community Node blocks containing 338 units, 5 Gateway Site blocks containing 596 units, 14 blocks for Prestige Employment blocks, 4 stormwater management pond blocks, 2 blocks containing an elementary school, a high school block, a recreation centre, 2 blocks containing neighbourhood parks, a village green, 5 trail head blocks, 1 enhanced boulevard pedestrian block, an open space block, a servicing block, 2 road allowance blocks, 2 reserve blocks, and roads. 2. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the City of Pickering. 3. The Owner shall submit plans showing the proposed phasing to the Regional Municipality of Durham for review and approval if this subdivision is to be developed by more than one registration. - 77 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 2 4. The Owner shall agree to provide a noise study completed to the Region’s satisfaction which implements the Acoustical Consultant's recommendations from a noise report, which specifies noise attenuation measures for the development. These measures shall be included in the City of Pickering Subdivision Agreement and must also contain a full and complete reference to the noise report (i.e., author, title, date and any revisions/addenda) and shall include warning clauses identified in the study. 5. Prior to final approval, the proponent shall ensure that all required archaeological assessment reports are completed by a licensed Ontario archaeologist to the Ministry Heritage, Sport, Tourism and Culture Industries satisfaction, and their clearance. No demolition, grading or other soil disturbance shall take place on the subject property prior to a letter of clearance being received by the Regional Municipality of Durham. 6. The Owner shall submit Environmental Site Assessment documents, including confirmation that a Record of Site Condition was filed on the Ministry of the Environment, Conservation and Parks Environmental Site Registry to address potential site contamination for the subject site in accordance with the Regional Municipality of Durham’s Soil and Groundwater Assessment Protocol. 7. The Owner shall grant to the Region, any easements required to provide Regional Services for this development and these easements shall be in locations and of such widths as determined by the Region. 8. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 9. The owner shall revise the draft plan as necessary to the satisfaction of the Region to accommodate any unforeseen technical issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or blocks, or reconfiguring the roads, lots, or blocks to the Region's satisfaction. 10. For the area in Phase 1, prior to entering into a subdivision agreement, the Regional Municipality of Durham and the Trustee of the Regional Front Ending Agreement shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 11. For the area in Phase 2, prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 12. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other services. - 78 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 3 13. That the Owner conveys sufficient road allowance to provide a minimum of 36.0 metres for existing Whitevale Road. 14. That the Owner conveys a widening across Block 79 & 129 at the southwest corner of Brock Road and Alexander Road. The required conveyance varies in width, measuring 24.50 metres from the original centerline of right of way at the west limit of Block 79 easterly to a point where it intersects with the existing streetline where it measures 23.30 metres from the original centerline of right of way. 15. The Owner conveys a sight triangle of 15.0 metres x 15.0 metres at the intersection of Whitevale Road and Brock Road. 16. The Owner conveys a sight triangle of 15.0 metres x 15.0 metres and a minimum side road width of 20m at the intersection of Street ‘2’/Street ‘15’ and Brock Road and Street ‘10/Street ‘14’ and Brock Road. 17. The Owner conveys a sight triangle of 10.0 metres x 15.0 metres at the northeast quadrant and a 5.0 metres x 5.0 metres at the southeast quadrant at the intersection of Brock Road and Street ‘16’. 18. The Owner conveys a sight triangle of 10.0 metres x 15.0 metres at the southwest quadrant and a 5.0 metres x 5.0 metres at the northwest quadrant at the intersection of Brock Road and Elsa Storry Avenue. Section C – City of Pickering Financial 1. That the draft plan not receive final approval and registration unless the City of Pickering is satisfied that the Financial Impacts Agreement dated October 29, 2013, is in full force and effect and all conditions precedent set out in Article 2 of the said Agreement have been fulfilled or waived. Subdivision Agreement 2. That the Owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City’s requirements, financial and otherwise, which shall include, but not necessarily be limited to all of the City’s conditions of approval as issued by the City of Pickering. 3. The Owner hereby covenants and agrees that this agreement shall be deemed by the parties hereto and their successors and assigns, to constitute “other applicable law” within the meaning of the Building Code Act, S.O. 1992, c23, as amended, or any successor or replacement legislation and the City’s Chief Building Official shall not be required to issue, and the Owner hereby covenants and agrees not to request the issuance of, any building permit with respect to the Owners lands or part thereof until such time as the Owner has, in the unfettered opinion of the City, fully complied with all such provisions of the agreement as are capable of compliance prior to construction of dwellings. This provision may be pleaded as an estoppels in any court application brought by the Owners to compel issuance of a building permit. - 79 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 4 Zoning 4. That the implementing by-law for Zoning By-law Amendment Application A 05/15 (R) become final and binding. Street Name 5. That street names and signage to be provided to the satisfaction of the City of Pickering. Development Charges 6. That the Owner satisfy the City financially with respect to the Development Charges Act. 7. That the Owner agrees to submit progress reports for any DC reimbursable items identified through DC credits in a form satisfactory to the City of Pickering. Further, the Owner agrees to abide by the City’s requirements for matters dealing with DC credits. Phasing and Development Coordination 8. That if this subdivision is to be developed by more than one registration, the Owner will be required to submit a plan showing the proposed phasing, all to the satisfaction of the City. 9. That the Owner satisfy the City with respect to the disposition of future development blocks and acquisition of abutting part lots prior to draft plan registration. 10. That the Owner satisfy the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required. Architectural Control Guidelines 11. That the Owner, prior to the preparation of the subdivision agreement, shall engage a control architect, to the satisfaction of the Director, City Development Department, who will prepare streetscape/architectural control guidelines to the City’s satisfaction, approval all models offered for sale and certify that all building permit plans comply with the City’s approved guidelines. 12. That the Owner ensure that the engineering plans be coordinated with the streetscape/architectural control guidelines and further that the engineering plans coordinate the driveway, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved. 13. That the Owner satisfy the City that the streetscape/architectural control guidelines contain appropriate design elements for development in proximity to heritage lots, that includes landscaping, house siting and design standards that have regard to compatible building types, colours and material palettes while having regard for modern building designs, techniques and materials. 14. That the Owner satisfy the City that the streetscape/architectural control guidelines contain appropriate design elements for townhouse dwelling units less than 5.0 metres wide that include special emphasis on sitting, massing and façade designs that is coordinated on an - 80 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 5 individual and block basis. Variation between units should be incorporated that includes a variety of architectural elements such as entry porch, dormers, material detailing and window treatment. Parks and Village Greens 15. That the Owner convey to the City of Pickering the village green block (Block 95) and neighbourhood park block (Blocks 93 and 94) at no cost and in a physical condition acceptable to the City for parkland dedications, to the satisfaction of the Director, Engineering Services, in order to satisfy Section 42(1) of the Planning Act. 16. That the Owner satisfy, to the satisfaction of the City of Pickering, that the Seaton Master Parks Agreement has been entered into and executed that establishes the requirements and process for parkland dedication in accordance with the Planning Act for the Seaton Neighbourhoods. 17. That prior to the City accepting any park or village green block, the Owner shall submit a facility fit plan with full grading information that demonstrates the park or village green block will function to the satisfaction of the City of Pickering, and where a park block abuts an elementary school site, the facility fit plan shall include: (i) consultation with the relevant school board, with regard for the objective/principles for the Seaton Master School/Park Joint Use Program, and (ii) identify proposed grading on the abutting school site to ensure the park and school site can function as a unit. 18. That the Owner shall pay for the cost of the City preparing a Seaton Master School/Park Joint Use Program (to a maximum of $20,000.00) to be prepared in consultation with the Durham School Boards, that will establish the principle for design, maintenance, and user responsibilities, and shall include but not be limited to: (i) design and construction of shared play fields; (ii) demarcate of areas of the park that will be for the exclusive use of the school during the weekdays; (iii) maintenance of the shared fields and facilities; (iv) hours of operation and time of exclusive use; (v) location of joint accesses; (vi) the principles of joint-use agreement; and (vii) snow clearance of on-street parking and lay-by areas. Second Access 19. That the Owner satisfy the City with respect to providing two accesses that intersects with an existing street and is open to public traffic. 20. That the Owner construct a temporary secondary emergency access at no cost to the City for this draft plan if the two accesses referred to in Condition 19 have not been completed. The temporary access must be in a location and be designed to the satisfaction of the City. - 81 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 6 Fencing 21. That the Owner satisfy the City with respect to the provision of temporary and/or silt fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works. 22. That the Owner agrees to install a fence next to the school, park, village greens, trail heads and walkway block to the satisfaction of the City of Pickering. 23. That the Owner agrees to install a 1.5 metre high black vinyl coated chain link fence where lots are within 40 metres (30 metre buffer plus 10 metres) of a significant wetland feature within the NHS, in accordance with an environmental study or report, and as generally shown on the “NHS Fencing Plan” to be prepared by Bird and Hale Limited which is to be completed to the satisfaction of the City of Pickering. 24. That the Owner agrees to install a fence adjacent to or backing onto lands having conflicting land uses, such as, commercial or recreational. 25. The owner install a 1.8 metre high security fence as per City of Pickering Standards around the perimeter of the Stormwater Management (SWM) facilities to the satisfaction of the City of Pickering. Should the SWM facilities require expansion due to additional lands draining to it, the owner shall arrange for additional fence to be installed. 26. That the Owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing in locations recommended by the approved noise study for the subdivision. 27. That the Owner provide a fixed payment satisfactory to the City to provide for the long term maintenance and repairs of items such as enhancements to fences, entrance feature walls, medians that exceed the City’s normal standards and which are requested by the subdivider. Noise 28. That the Owner satisfy the requirements of the Ministry of the Environment Conservation and Parks regarding the approval of a noise study recommending noise control features to the satisfaction of the Region of Durham, and the City of Pickering. 29. That the Owner agrees in the subdivision agreement to implement noise control measures and warning clauses as recommended in the noise report as approved by the City of Pickering. Archaeology Monitor 30. That the Owner submits an archaeology monitor report, preferably of First Nations’ ancestry, if available, for any significant mitigative excavation activities, on known pre-contact archaeological sites. The purpose of this monitor would be to work co-operatively with the applicant’s licensed professional archaeologist in order to report back on the results of the mitigative excavation activities to interested First Nations to the satisfaction of the City of Pickering. - 82 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 7 Construction Management Plan 31. That the Owner make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls as per the Erosion & Sediment Control Guideline for Urban Construction; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) insurance that the City’s Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; and (vii) details of the temporary construction access. Landscaping 32. That the Owner agrees to submit a Subdivision Landscape and Fencing Plan, with respect to the provision of fencing and landscaping for the draft plan of subdivision, to the satisfaction of the Director, Engineering Services. Such Plan shall include a 1.5 metre black vinyl chain link fence in all required locations, and the location and design of all wood or acoustic fencing required by the plan of subdivision. 33. That the Owner submits a street tree planting plan to the satisfaction of the City. 34. That the Owner satisfy the Director, Engineering Services with the submission of a tree preservation plan which will illustrate the protection of trees and other natural features where appropriate, with specific attention to preservation in all pubic open spaces within the draft plan of subdivision prior to the approval of a preliminary grading plan. Engineering Plans 35. That the Owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, and financially-secure such works. 36. That the Owner revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City’s satisfaction. 37. That the Owner satisfy the City of Pickering for contributions for development review and inspection fees. - 83 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 8 Easement 38. That the Owner convey to the City, at no costs: any easements as required; and, any reserves as required by the City. 39. That the Owner convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility. 40. That the Owner arrange at no costs to the City any easements required on third party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after the draft approval. 41. That the Owner satisfy to the satisfaction of the Director, Engineering Services any required easement for works, facilities or use rights that are required by the City of Pickering. Stormwater 42. That the Owner satisfy the Director, Engineering Services respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements. 43. That the Owner satisfy the Director, Engineering Services for contributions for downstream stormwater management in accordance with the approved Functional Servicing and Stormwater Management Report. 44. That the Owner satisfy the Director, Engineering Services for design and implementation of diversion of stormwater from off-site lands as proposed in an approved Functional Servicing and Stormwater Management Report. 45. An access road for maintenance purposes will be required for all SWM facilities and if required for LID measures and the associated outfall for this draft plan. Access road to be as per the City's Stormwater Management Design Guidelines. 46. The Owner shall obtain all required easement or conveyance of lands required for all SWM facilities, LID measures and the associated outfall to the satisfaction of the City of Pickering prior to registration of the plan of subdivision. 47. That the Owner agrees that no SWM facilities will be built and/or preliminarily graded until all permits and/or approvals are received from the City, TRCA, MNRF and/or MECP, as necessary. 48. That the Owner agrees that all SWM facilities and LID measures will be designed to be consistent with the City of Pickering Stormwater Management Design Guidelines and TRCA’s Low Impact Development Stormwater Management Planning and Design Guidelines (2010 standards). 49. That prior to the Owner entering into any Agreements of Purchase and Sale for Blocks 47, 76, 77, 130, 131 and 132, and prior to the registration of any phase of this Draft Plan of Subdivision that contains such area(s), the Owner shall submit additional technical work with respect to certain stormwater management facilities, for portions of the Draft Plan to the satisfaction of the Director, Engineering Services. - 84 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 9 This condition shall be implemented by the Owners entering into a “no sales or marketing agreement” with the City, and agrees to register a s.118 restrictive covenant on the lands which are subject to the no sales and marketing agreement, to the satisfaction of the City Solicitor, by no later than 60 days following approval of the draft plan of subdivision in question, which agreement would prohibit the sale, marketing or other disposition of the lands described in this condition, until such time as the provisions of this condition have been satisfied. Immediately upon the resolution of the required stormwater matters for such area this condition shall cease to apply, and the City shall immediately do all things necessary to release the area to allow the sale of the affected lots or blocks. Grading 50. That the Owner satisfy the Director, Engineering Services respecting submission and approval of a grading control plan. 51. That the Owner satisfy the Director, Engineering Services respecting the submission and approval of a geotechnical soils analysis. 52. That the Owner satisfy the Director, Engineering Services respecting the authorization from abutting land owners for all off-site grading. Services 53. That the Owner satisfy the Director, Engineering Services respecting construction of roads with curbs, storm sewers, sidewalks and boulevard designs through the submission and approval of a site servicing plan. 54. That the Owner satisfy the City respecting arrangements for the provision of all services required by the City. 55. That the Owner satisfy the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services. 56. That the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider. Other Approvals 57. That any approvals which are required from the Region of Durham, the Toronto and Region Conservation Authority, Ministry of Natural Resources and Forestry, Ministry of Environment Conservation and Parks or any utility for the development of this plan be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals. MESPA & NFSSR 58. That the Owner satisfy the City of Pickering regarding all matters required by the final Seaton Master Environmental Servicing Plan Amendment, including but not limited to the funding of all restoration projects as recommended in the final Seaton Master Environmental Servicing Plan Amendment and any recommendation of the studies and their supporting reports. - 85 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 10 59. The subdivision agreement will provide that road crossings of the NHS shall be in accordance with municipal standards and the final MESPA and NFSSRs. Any restoration of the NHS will be limited to areas disturbed by development construction activities. 60. That the Owner be required to submit a Functional Servicing and Stormwater Report (FSSR) to the City of Pickering that is consistent with the final approved MESPA and the previously submitted Neighbourhood Functional Servicing and Stormwater Report (NFSSR), especially as it relates to the servicing and stormwater management issues within and between Neighbourhoods that will ensure that the separate FSSR’s will combine to form a complete NFSSR as required, to the satisfaction of the City of Pickering. 61. That the Owner shall agree to implement all water balance/infiltration measures identified in the approved NFSSR. Traffic – Roads 62. That the owner satisfy the City of Pickering respecting the submission of, approval of, and implementation program for the results of, the Hamlet of Whitevale Traffic Impact and Management Study, as generally referred to in Section 11.74(c) of the Pickering Official Plan. The City of Pickering will undertake a community consultation program on the recommendations of the study prior to the City’s approval and implementation of any of the studies recommendations. 63. That the Owner agrees in the subdivision agreement to the requirement for the establishment of a public advisory committee composed of representatives from the owner, the Region of Durham, the City of Pickering, and the Whitevale and District Residents' Association. This committee will meet regularly during construction, and once per year during the monitoring period described in the Hamlet of Whitevale Transportation Mitigation Study, to review the effectiveness of traffic mitigation measures and provide any recommendations to the City. 64. That the Owner agrees in the subdivision agreement to include warning clauses (to be included in all agreements of purchase and sale) advising that Whitevale Road will be closed to vehicular traffic immediately east of the Hamlet of Whitevale as shown in the draft Hamlet of Whitevale Transportation Mitigation Study dated August 2013. 65. That the Owner reconstruct and urbanize Sideline 16 from Fifth Concession Road to the northern limit of Street 14 to the satisfaction of the City of Pickering, with funding provided as per the Seaton Landowners Group and City of Pickering Financial Impact Agreement (dated November 26th, 2015), and any cost not covered by the Financial Impact Agreement shall be the responsibility of the Owner. 66. That the Owner satisfy the City of Pickering respecting the submission of, approval of, and implementation program for the results of, a Traffic Sensitivity Analysis as required by Section 11.25 of the Pickering Official Plan, and shall include: a Traffic Impact Study; an intersection control plan; a traffic signal implementation program; a Traffic Management Implementation Plan; a transportation planning exercise; a Transportation Demand Management Plan; and, a Parking Management Plan. - 86 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 11 67. That the Owner satisfy the City of Pickering that appropriate arrangements have been established for the installation of traffic control signals, including all costs, in a time frame acceptable to the City of Pickering, which may include installation of signals in advance of warrants. 68. That the Owner shall install a temporary turning circle or other alternatives approved by the City of Pickering whenever a road is to be continued in future developments. 69. That the Owner shall agree that any road connection that traverses the NHS must be acquired, constructed and dedicated as part of the development and be addressed in the subdivision agreement and the design shall maintain, to the extent practical, where not precluded by grading or other servicing constraints, the rural cross section of the historic concession roads. 70. That the Owner satisfy the City of Pickering respecting the submission of a future transportation study as required by Section 11.74(b) of the Pickering Official Plan and the Owner acknowledge and agree that any lands that are outside the Phase 1 lands identified in the Stage Servicing and Implementation Strategy shall be subject to a holding zoning provision. 71. That the Owner satisfy the City of Pickering respecting the submission of a transportation study where direct access is proposed along any Type “C” Arterial Road or a Collector Road. 72. That the Owner shall agree to provide a right of way width measuring 19.0 to 21.5 meters, to provide access to employment Blocks 112 and 113 (located east of Mowbray Street and south Highway 7). The Owner shall make appropriate arrangements to acquire the necessary lands from the Federal and/or Provincial authorities and design, construct and convey the roads to the City of Pickering, to the satisfaction of the Director, Engineering Services. Closed Roads 73. That the Owner make appropriate arrangements for the conveyance of any City owned surplus closed road allowances, including the preparation of all required survey works, to the satisfaction of the City of Pickering. Model Homes 74. That the Owner enter into a model home agreement with the City, if applicable for this draft plan. All model homes must satisfy all requirements of the architectural control guidelines for the subdivision. Trail Heads 75. That the Owner construct to the satisfaction of the City of Pickering trail heads within or abutting the draft plan and described as within or west of Block 96, within or west of Block 97, within Block 98, within or west of Block 121, within or east of Block 133, south of Block 79, west of Block 87, south of Block 110, west of Block 108, west of Block 115 and south of Highway 7, and west of Block 115 at Street 28, all to the satisfaction of the City of Pickering. Further Owner construct a trail connecting the above noted trail heads to the satisfaction of the City of Pickering. This will including all responsibilities for obtaining the necessary easements for the trail located in the Seaton Natural Heritage System. - 87 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 12 Fire 76. That the Owner agrees that no building permit shall be approved on any land within the subdivision until adequate services are available including adequate water pressure to the satisfaction of the City’s Fire Services Division. Building permits for infrastructure projects may be exempt from this requirement. 77. That the Owner provide a fire break plan and other fire prevention measures to the satisfaction of the City of Pickering. Development Block 78. That the Owner satisfy the City of Pickering with respect to a program or undertaking for the disposition of future development block and acquisition of abutting part lots prior to registration. This may require properties merging on title and that no building permit shall be requested until any land assembling has been completed to the satisfaction of the City of Pickering. Canada Post 79. That the Owner satisfy the City of Pickering, through the approval of a Utility Coordination Plan for the location of a Community Mailbox, in consultation with Canada Post, and incorporate in the City’s subdivision agreement the provision of a Community Mailbox information including technical specifications, notifications and financial terms. 80. That the Owner agree to determine and provide a suitable temporary Community Mailbox location, if required, to the satisfaction of the City of Pickering. Heritage Lots 81. The Owner acknowledges that the property located at 3440 Elsa Storry Avenue is listed on the City of Pickering Municipal Heritage Register, under the Ontario Heritage Act; and shall submit a Cultural Heritage Evaluation Report, prior demolition or removal of the barns and accessory buildings at 3440 Elsa Storry Avenue, to the satisfaction of the Director & CBO, City Development. Any demolition or removal shall be subject to the requirements of the Ontario Heritage Act. 82. That the applicant submits a Pre-Condition Survey for any abutting residential dwelling or any listed/designated heritage structure that is located within 30 metres of the limit of development of the draft plan. The findings of the study and survey must be prepared by a qualified professional and should be undertaken prior to any earthwork or construction next to the subject property and, where an owner of the abutting residential dwelling or any listed/designated heritage structure that is located within 30 metres of the limit of development of the draft plan refuses to allow entry into the dwelling, this condition will be deemed to have been satisfied. Place-Making Guidelines 83. That the Owner shall ensure all development is consistent with the City of Pickering’s Sustainable Place-Making Guidelines, including but not limited to, all public lands to the satisfaction of the City of Pickering. - 88 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 13 Plan Revisions 84. The Owner acknowledge and agree that the draft plan of subdivision and associated conditions of approval may require revisions, to the satisfaction of the City of Pickering to implement or integrate any recommendation resulting from studies required as conditions of approval. 85. That the Owner revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City’s satisfaction. 86. That the Owner agree to implement the requirements of all studies that are required by the City of Pickering for the development of this draft plan of subdivision to the satisfaction of the City of Pickering. Timing 87. That the owner, agree in the subdivision agreement that it will not commence any construction works (including site servicing, topsoil stripping and grading) on the subject property until the front ending agreement contemplated by the Region of Durham Condition 10 has been executed for the plan. Endangered Species Act 88. That the owner satisfy the Endangered Species Act prior to any site alteration and the City be provided by the Owner with confirmation from the Ministry of Natural Resources and Forestry of their approval. Staged Servicing and Implementation Strategy 89. Prior to final approval, the Seaton Landowners shall confirm that the total number of units for Phase 1 does not exceed 9,800 single-detached equivalent units, to the satisfaction of the City of Pickering, Durham Region, and York Region. For all plans of subdivision, and condominium within the Phase 2 area, or any phase beyond Phase 1, the Holding (H) Zone provisions of Section 36 of the Ontario Planning Act shall be used in order to ensure that final plan approval and development of these lands does not occur until such time as the Holding (H) symbol is removed in accordance with the provisions of the Ontario Planning Act. The Zoning Bylaw shall specify the terms under which Council may consider the removal of the Holding (H) symbol. Said terms shall include a minimum of the following: (i) The completion of a transportation study identifying the need, and if warranted, the extent and timing of additional transportation improvements, external to the Seaton Community and Durham Region that may be required to support development beyond the first phase as outlined in the Staged Servicing and Implementation Strategy. The transportation study is to be undertaken by the landowners in consultation with the City of Pickering, Durham Region, City of Toronto and York Region and shall be in accordance with Policy 11.74(b) of the Pickering Official Plan, as amended by Pickering Official Plan Amendment 22; and (ii) The City is satisfied that the transportation improvements identified in the transportation study referred to in (i) above as required to support the development of the subsequent - 89 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 14 phase to be released from the H - holding provision will be provided in accordance with the timing recommended by the transportation study, and that satisfactory arrangements are in place for the funding of those transportation improvements. Agreement Clauses 90. The subdivision agreement between the Owner and the City of Pickering shall contain, among other matters, the following provisions: 91. That the Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. 92. That the Owner submit, to the satisfaction of the City, an M-plan showing the lotting for the detached dwellings that demonstrates conformity with the designation provisions of the City of Pickering Official Plan. 93. That the Owner agrees to implement those noise control measures recommended in the noise report required in Condition 28. 94. That the Owner agrees to implement the requirements of the TRCA’s conditions of approval in the City’s subdivision agreement in wording acceptable to the City of Pickering in consultation with TRCA. 95. That the Owner agrees to design and implement on-site erosion and sediment control. 96. That the Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the City of Pickering, in consultation with TRCA and/or MNRF. 97. That the Owner agrees to commit to provide appropriate information to all perspective buyers of lots adjacent to the publicly owned natural heritage system through all agreements for purchase and sale, sales information, and community maps to ensure that the land owners are well informed that private use and/or access to the open space blocks shall not be permitted, and reflect the intent of the following: “The open space adjacent to the subject property is considered to be part of the publicly owned natural heritage system and will be maintained for environmental protection, and public use purposes. Please note that uses such as private picnics, barbeque or garden areas; and/or the dumping of refuse (e.g., grass/garden clippings household compostable goods, garbage etc.) are not permitted on these lands. In addition, access to the valley corridor such as private rear yard gates and/or ladders are prohibited.” “Stormwater Management Facilities and the Natural Heritage System are intended to be naturalized/kept in a natural state. As such, the publicly owned natural heritage system may not receive routine maintenance such as grass and weed cutting.” 98. That the Owner agrees to include provisions whereby all offers of purchase and sale shall include information that for all dwelling units with a single car garage that the City’s by-laws require two parking spaces for the dwelling which have been provided, one in the garage and one in the driveway and that the City’s by-law restricts the width of the driveway to a maximum size width which does not allow two cars parked side by side. Section D – Toronto and Region Conservation Authority - 90 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 15 1. That prior to the installation of servicing and prior to the registration of Phase 2 of this Draft Plan of Subdivision, the owner shall submit a revised Functional Servicing Report (FSSR) and Scoped Environmental Impact Study (EIS) for Phase 2 consistent with the approved Seaton Master Environmental Servicing Plan to the City of Pickering’s satisfaction, in consultation with the Toronto and Region Conservation Authority (TRCA). TRCA shall be satisfied with respect to meeting provincial hazard standards. Nothing in this condition prohibits the construction of regional infrastructure. 2. That prior to the installation of servicing and prior to the registration of Phase 2 of this Draft Plan of Subdivision, the owner shall submit the following to TRCA’s satisfaction. Nothing in this condition prohibits the construction of regional infrastructure. a. Pre-consultation and an agreed-upon approach for any studies, reports or strategies requested by the TRCA in these conditions to the satisfaction of the TRCA where specified prior to the preparation of these studies, reports or strategies. b. A signed agreement with an environmental monitoring professional certified by CISEC, which has the effect of ensuring that all environmental controls including stormwater management and ESC controls identified in the Erosion and Sediment Control Report and Plans for the subdivision, will be monitored and, if necessary, immediately corrected. c. Detailed plans illustrating the topsoil stripping and replacement proposal including, but not limited to, the locations, staging and methodology, to ensure the soils will be appropriate for use in the LID Strategy referred to in Condition No. 3(a)(iv). d. An Erosion and Sediment Control Report and Plans consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007, as amended), that includes proposed measures for controlling or minimizing erosion and siltation on-site. and/or in downstream areas during and after topsoil stripping, grading, the installation of infrastructure and construction of any structures. In addition the ESC Report and Plans shall include temporary feature based water balance measures including water quality treatment that will be implemented in the interim until the final LID Strategy is operational. Such ESC Report and Plans must be consistent with the principles outlined in the FSSR and will be coordinated with the ESC Plans for subdivisions within the surrounding development context. e. Detailed geomorphology plans and studies associated with the SWMF outfalls including erosion protection studies, grading plans, construction sequencing plans, restoration/compensation plans and ESC. 3. That prior to the initiation of the installation of servicing and prior to the registration of the affected phase of this Draft Plan of Subdivision, the Owner shall prepare and submit the following to TRCA satisfaction: a. A detailed engineering submission to include: i. A description of the storm drainage system (quantity, quality and erosion control) for the proposed development; - 91 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 16 ii. Plans illustrating how this drainage system will tie into surrounding drainage systems (i.e., how external flows will be accommodated, the design capacity of the receiving system); iii. Appropriate stormwater management techniques which may be required to control minor and major flows; iv. Implementation of the Low Impact Development Strategy identified in the Low Impact Development Strategies section of the FSSR and the Minutes of the Meeting held at the City of Pickering dated June 24, 2013; v. Updated storage and release rate requirements for stormwater management facilities to reflect changes in drainage patterns and impervious rates, as per the revised Duffins Creek Hydrology Update (DCHU); vi. Plans and designs illustrating how the feature-based water balance targets and objectives for the natural features (i.e., forest, wetlands, headwater drainage features) identified in the approved FSSR will be achieved, including an update of the existing analysis as required. The designs shall include flexibility for adaptive management to respond to monitoring results and any interim strategies required; vii. Detailed designs of infrastructure crossings in the Natural Heritage System to avoid, minimize and mitigate impacts to natural features and their functions; viii. Detailed designs of stormwater management ponds, LID facilities and site design based on subsurface groundwater and geotechnical investigations; ix. Where required, evaluation of the need for groundwater dewatering during construction, including but not limited to details for its disposal, potential impacts to natural features due to groundwater withdrawal, mitigation and any permitting requirements; x. Grading plans for the subject lands to include plans and details regarding areas where grading is proposed in the Natural Heritage System, including how the works will be minimized in accordance with the policies in OPA 22; xi. Plans illustrating how the design of SWM facilities considers LID design features; and xii. The location, description and details of all outlets and other facilities or works which may require permits from the TRCA pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06). xiii. A 5 year monitoring program for wetlands and watercourses to identify any post- construction impacts to ecological or hydrological functions, provide for adaptive management measure to mitigate any impacts, and a properly secured Letter of Credit provided for the subdivision agreement. b. A comprehensive mitigation and or compensation plan for any NHS encroachment including but not limited to stormwater outfall, roads, trails, and associated LID infrastructure to be located within the Seaton Natural Heritage System. c. A comprehensive Planting Plan for the Stormwater Management Facility, any disturbed areas within the NHS, compensation areas, and any LIDs, consistent with TRCA’s SWM Pond Planting Guidelines, or as amended. - 92 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 17 4. That prior to the owner entering into any Agreements of Purchase and Sale for those lots and blocks including: Blocks 47, 74-77, 81, 83, 127, 128, 130-132, and prior to the registration of any phase of this Draft Plan of Subdivision that contains such area(s), the owner shall submit an Environmental Impact Study to the City of Pickering’s satisfaction, in consultation with the TRCA, and red-line revise the Draft Plan, as necessary. The environmental impact study shall: a. Provide plans that demonstrate how Significant Wildlife Habitat for Special Concern & Rare Wildlife Species through the entire subject area and the Shrub/Early Successional Bird Breeding Habitat will be addressed to ensure no negative impact for the CUM/CUW ecosites located at the SW corner of Whitevale Road and Elsa Storry Avenue. b. Demonstrate that all requirements as directed by MESP to address species at risk requirements under the Endangered Species Act are met. c. Demonstrate that site design will eliminate all hydrological deficiencies to HDFC31 & HDFC38; opportunities include site design like lots for LIDs or directed roof and rear- yard runoff. d. Demonstrate that site design will eliminate all hydrological deficiencies to wetlands U3 and U5 and mitigate negative impacts associated with the increases in wetland U7 and U9; opportunities include site design re-direction of clean drainage in the school, recreation centre, community nodes, employment and residential lots and blocks, LIDs or directed roof and rear-yard runoff. e. Provide an interim hydrological strategy to supplement support for all wetlands and watercourses during construction prior to the commissioning of final construction to ensure ecological and hydrological functions are maintained. f. Provide full outfall detailed designs including an assessment of impacts within the NHS, mitigation for rare, uncommon and locally significant species, restoration plans and natural channel designs. Drainage diversions will need to meet preconstruction conditions g. Ensure that the design for all HDF mitigation measures demonstrate appropriate hydrological function to support downstream features with complete restoration plans. h. Describe the necessary pre-, during and post-construction monitoring plans required for all existing and constructed natural features. i. Identify that all SWMF outfalls will be staked with TRCA and provide an assessment of impacts including mitigation, restoration and potential compensation plans. j. Demonstrate all grading associated with roads will remain within the development footprint and not impact natural features. The use of retaining walls or modified road design may be required. k. Demonstrate that all crossing structures are designed to meet both aquatic and terrestrial requirements especially the Street 14 connection to Sideline 16 and the road crossing into the western employment lands. This condition shall be implemented by the Owners entering into a “no sales or marketing agreement” with the City, and agrees to register a s.118 restrictive covenant on the lands which are subject to the no sales and marketing agreement, to the satisfaction of the City - 93 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 18 Solicitor, by no later than 60 days following approval of the draft plan of subdivision in question, which agreement would prohibit the sale, marketing or other disposition of the lands described in this condition, until such time as the provisions of this condition have been satisfied. Immediately upon the resolution of the required environmental matters for such area this condition shall cease to apply, and the City shall immediately do all things necessary to release the area to allow the sale of the affected lots or blocks. 5. That the owner agrees in the subdivision agreement, in wording acceptable to the TRCA: a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the reports and details of the plans referenced in Conditions 1 through 4 inclusive. b. To implement erosion, sediment and topsoil management consistent with the Erosion Sediment and Topsoil Management Control Plans at all times. c. To install and maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA. d. To obtain all necessary permits from the TRCA pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06), as amended, to the satisfaction of the TRCA. e. To provide the Owner’s percent contribution to the aquatic habitat compensation plan identified in MESP, Section F2.1, if required. f. To erect a permanent fence to City of Pickering satisfaction along the property line of the residential lots, commercial, school, employment lands and roads where they abut the Seaton Natural Heritage System. g. To ensure that a restrictive covenant is placed over the rear yards of all lots created adjacent to the Seaton Natural Heritage System. The restrictive covenant shall have the effect of prohibiting: 1) the removal of fences along the lot line of all subject development lots; and 2) the installation of gates or other access through the fences along the lot line of all development lots. h. To implement a landowner education program which includes preparing a “Landowner Information and Natural Stewardship Guide” to the satisfaction of the Director City Development and the Director, Culture and Recreation for inclusion in all Offers of Purchase and Sale of all Units. This guide shall describe the value and importance of the natural Heritage System, the impact landowner activities can have on natural areas, and steps which can be taken to minimize such impact in order to assist in protection of the Natural Heritage System. The guide shall address such activities, where applicable, as: i. Refuse/yard waste/composting; ii. Fertilizer, herbicides and pesticide use as it relates to the hydrogeological features and functions of the site; iii. Identification and protection of natural areas, vegetation preservation zones, rehabilitation areas and landscape buffer plantings; iv. Access and trail use discouraging vegetation trampling; - 94 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 19 v. Domestic pet impacts and controls; vi. Invasive plant spreading; vii. Promoting planting of native species; viii. Proper swimming pool management techniques; ix. Impacts of noise and lighting including directing lighting away from wooded and natural areas and setting with motion detectors to minimize constant lighting; x. Protection of soil and vegetation on natural areas; xi. the ecological role of stormwater treatment facilities; and xii. The importance of choosing sustainable technologies and maintaining the required LID facilities. 6. That this draft plan of subdivision be subject to red-line revision(s) in order to meet the requirements of Conditions 1 through 4 inclusive, if necessary, to the satisfaction of the TRCA. 7. That a copy of the fully executed subdivision agreement be provided to the TRCA by the owner, when available, in order to expedite the clearance of conditions of draft plan approval. Section E – Durham District School Board 1. That the following conditions are required for the the elementary school block: (i) That the Owner agrees to set aside Block 90 (2.34 hectares) for public elementary school purposes; (ii) That the Owner and the Durham District School Board enter into an agreement for the acquisition of the school block; (iii) That the Owner submits plans indicating existing and proposed grades, drainage and servicing for approval by the Durham District School Board for all lots, blocks, easements and roads abutting the Public Elementary School site; (iv) That the Owner provide the Durham District School Board with a report detailing the soil bearing capacity and composition of soils within the school site. Specifically, the reports will detail the chemical composition of soils and presence of methane and / or radon gas within the school site; (v) That any filling conducted within the school site meets the Durham District School Board criteria for soil bearing capacity and be approved by the Durham District School Board’s soil engineer; (vi) That the Owner rough grade the school site to the satisfaction of the Durham District School Board; (vii) That the Owner agrees to bring all municipal services and connections to the edge of the school site, along the street and submit drawings to the Durham District School Board for approval; and (viii) That the Owner agrees to install a 1.8 meter galvanized or vinyl coated chain link fence of standard school construction (#9 gauge galvanized or #6 gauge vinyl coated) along the perimeter of Block 90 where it abuts proposed or existing residential lands (lots or blocks), and/or any other proposed. - 95 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 20 2. That the following conditions are required for the secondary school block: (i) That the Owner agrees to set aside Block 91 (6.49 Ha) for public secondary school purposes; (ii) That the Owner and the Durham District School Board enter into an agreement for the acquisition of the school block; (iii) That the Owner submits plans indicating existing and proposed grades, drainage and servicing for approval by the Durham District School Board for all lots, blocks, easements and roads abutting the Public Secondary School site; (iv) That the Owner provide the Durham District School Board with a report detailing the soil bearing capacity and composition of soils with the school site. Specifically, the reports will detail the chemical composition of soils and presence of methane and / or radon gas within the school site; (v) That any filling conducted within the school site meets the Durham District School Board criteria for soil bearing capacity and be approved by the Durham District School Board’s soil engineer; (vi) That the Owner rough grade the school site to the satisfaction of the Durham District School Board; (vii) That the Owner agrees to bring all municipal services and connections to the edge of the school site, along the street and submit drawings to the Durham District School Board for approval; and (viii) That the Owner agrees to install a 1.8 meter galvanized or vinyl coated chain link fence of standard school construction (#9 gauge galvanized or #6 gauge vinyl coated) along the perimeter of Block 91 where it abuts proposed or existing residential lands (lots or blocks), and/or any other proposed. 3. That the Owner agrees to insert in all agreements of purchase and sale between the Owner and all prospective homebuyers the standard Durham District School Board approved “Notice to Parents”. The “Notice to Parents” reads as follows: “Students from this development may have to attend existing schools. Although an elementary school site and a secondary school site has been reserved within this plan of subdivision, the school / schools may not be constructed for some time, if at all, and then only if the Durham District School Board receives funding for the construction of the school / schools.” 4. That the Owner agrees to post the standard Durham District School Board approved “Notice to Parents” in all sales representation centres (if applicable) or on social media platforms, as appropriate. Section F – Durham Catholic District School Board 1. That prior to final approval, the owner shall have made Agreement satisfactory to the Durham Catholic District School Board for the transfer of an elementary school site as shown in the plan submission. The elementary school site, Block 89 shall contain not less than 2.24 hectares. 2. That the owner shall agree in the Subdivision Agreement in wording satisfactory to the Durham Catholic District School Board: - 96 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 21 (i) to grade Block 89 and in doing so compact, fill with clean material, replace any topsoil disturbed in the grading process and at the same time sod/seed the same lands to specifications determined by the Board; (ii) to remove any buildings on Block 89; (iii) to remove trees, as required to accommodate school layout; (iv) to provide a letter of credit pertaining to stockpiling and removal of topsoil, by taking the volume of topsoil to be stored upon the school site and multiplying such volume by 125% of the current market prices for waste material disposal, as set forth in the latest version of Hanscomb's Yardsticks for Costing, Cost Data for the Canadian Construction Industry, to the satisfaction of the Durham Catholic District School Board; (v) to remove stockpiled topsoil within 30 days of written notice by the Board and in doing so compact, fill with clean material, replace any topsoil disturbed in the grading process and at the same time sod/seed the same lands to specifications determined by the Board; (vi) to construct a galvanized chain link fence, Type II 1 ½ “ mesh, 1.8 m high along all boundaries of the school block, including road frontage(s) at the discretion of the Board; (vii) to construct the fences prior to the issuance of building permits in an appropriate phase to the satisfaction of the Board; (viii) to erect and maintain a sign on the school site at such time as the relevant access roads are constructed, indicating that the date has not been set for the construction of the school; (ix) to provide a geotechnical investigation and Phase 1 and Phase 2 environmental site assessment conducted by a qualified engineer. For an elementary school site a minimum of eight boreholes shall be required; (x) to provide the foregoing at no cost to the Board; and (xi) to assume any upstream and downstream charges for hydro, natural gas, sanitary and storm drainage, and water supply. 3. That the owner shall submit to the Durham Catholic District School Board, at no cost to the Board, a letter from a qualified consultant concerning: (i) the suitability of Block 89 for school construction purposes, relating to soil bearing factors, surface drainage, topography and environmental contaminants; and (ii) the availability of natural gas, electrical, water, storm sewer and sanitary sewer services. 4. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Durham Catholic District School Board that the services referred to in Condition 3 (ii) shall be installed to the mid-point of the frontage of the elementary school site and positioned as designated by the Board, at no cost to the Board. 5. That prior to final approval, the owner shall submit to the School Board an initial set of engineering plans for review and approval, and subsequently, a copy of the final engineering plans as approved by the City of Pickering which indicate the storm drainage system, utilities, and the overall grading plans for the complete subdivision area. 6. That prior to final approval, the local hydro authority shall have confirmed in writing to the Board that adequate electrical capacity will be supplied to the school site frontage by the developer at no cost to the Board. - 97 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 22 7. That the Durham Catholic District School Board shall advise that conditions 1 to 7 inclusive, have been met to its satisfaction. The clearance letter shall include a brief statement detailing how each condition has been satisfied or carried out. 8. That the subdivision agreement include warning clauses advising that their children may have to attend an existing school, outside of their immediate neighbourhood, although a site in the area has been reserved for a school building, a school may not be built for several years, if at all, and only then if it can be justified to the satisfaction of the Ministry of Education. 9. That the subdivision agreement between the developer and the City of Pickering provide for the installation of sidewalks throughout the development, thereby allowing for a safe pedestrian walking route to the school site. Section G – Ministry of Transportation (MTO) 1. That prior to final approval, the Owner shall submit to the Ministry of Transportation for their review and approval, a Traffic Impact Study (TIS), to assess the impacts and any transportation improvements of the development on Highway 7, Highway 407, and the road networks required to gain access to employment blocks along Highway 7. 2. That the Owner agrees that one access is permitted from Highway 7 to employment blocks located west of Mowbray Street, and no additional access will be permitted onto Highway 407. 3. That the Owner agrees that a highway widening (to be determined by Ministry of Transportation based on the preliminary design) extending across the 407 frontage (as required) be dedicated as public highway for future transitway infrastructure. 4. That the Owner agrees to submit to the Ministry of Transportation for their review and approval a Storm Water Management Report/Plan indicating the intended treatment of the calculated runoff. Section H – Notes to Draft Approval 1. The Owner may revise the draft plan as necessary, to accommodate changes to the number and/or location of stormwater management facilities and local roads within prestige employment blocks (Blocks 114, 115, 116, and 117). 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the City of Pickering subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: - 98 - Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 23 (i) Commissioner of Planning and Economic Development, Planning and Economic Development Department, Regional Municipality of Durham, 605 Rossland Road East P.O. Box 623, Whitby, Ontario L1N 6A3 905.668.7711. (ii) The Toronto and Region Conservation Authority, Development Planning and Regulation, 101 Exchange Avenue, Vaughan, Ontario, L4K 5R6, 416.661.6600. (iii) Durham District School Board, Facilities Services, 400 Taunton Road East, Whitby, Ontario, L1R 2K6 (iv) Durham Catholic District School Board, 652 Rossland Rd W. Oshawa, Ontario, L1J 8M7 (v) Ministry of Transportation, 159 Sir William Hearst Avenue, 7th Floor, Toronto, Ontario M3M 0B7 - 99 - Appendix II to Report PLN 39-22 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 05/15 (R) - 100 - The Corporation of the City of Pickering Draft By-law No. XXXX/22 Being a By-law to amend Restricted Area (Zoning) By-law 7364/14, to implement the Official Plan of the City of Pickering, Region of Durham, for land at Part Lots 17 to 19, Concession 4, Part Lots 19 to 20, Concession 5, City of Pickering (A 05/15 (R)) Whereas the Council of The Corporation of the City of Pickering received an application to rezone portions of the subject lands being Part Lots 17 to 19, Concession 4, Part Lots 19 to 20, Concession 5, in the City of Pickering to permit the implementation of a draft plan of subdivision; and And whereas an amendment to Zoning By-law 7364/14, is deemed necessary to permit the requested revisions; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I, II and III Schedules I, II and III attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Part Lots 17 to 19, Concession 4, Part Lots 19 to 20, Concession 5, in the City of Pickering, designated “MD-DS”, “MD-DS-2” “MD-M”, “MC2”, “MC3”, “CN”, “CN-PP”, “CU”, “PEN”, “PEG”, “OS,” “SWM”, and Section 11.1 Holding Zones on Schedules I, II and III attached hereto. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Amendment Insert a new row to Table 11 which establishes the Lot and Building and Structure exceptions that apply to the Residential Zones as follows: Zone # Address Description of Special Provision MD-DS 2 SP-2015-05 (R) Block 37 A 05/15 (R) Section 4.7, Medium Density – Detached & Semi (MD-DS) Zone Provision. A minimum rear yard shall be 4.3 metres for detached dwelling, accessed from a street abutting the front lot line or flankage lot line for lands zoned MD-DS-2” - 101 - By-law No. XXXX/22 Page 2 5. By-law 3037 ___________________________________ ___________________________________ The provisions of By-law 3037 of the City of Pickering, and the associated amendments, are hereby repealed insofar as they affect the lands covered by this By-law as shown on Schedules I, II and III to this By-law. 6. By-law 7364/14 By-law 7364/14, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedules I, II and III to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7364/14. 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2022. Draft David Ryan, Mayor Draft Susan Cassel, City Clerk - 102 - PEG SWM/PEGOS SW M / P E G PEN SWM/PEN SWM/PEN PEN PEN SWM PEN PEN MD-DSMD-DS-2 OS MD-M PEN D o n n a l e a A v e n u e Mo w b r a y S t r e e t De l m e a d e Ro a d Br o u g h a m R o a d Tisha Road OrchardHeightsDrive Spring Street Highway 7 B r o c k R o a d Si d e l i n e 2 0 Clerk Mayor Schedule I to By-LawPassed ThisDay of NXXXX/22 XXth September 2022 Hold Zone See Section 11.1 of By-law Proposed Roads - 103 - PEN MD-DSMD-DS-2 OS MD-M MD-DS OS OS CN- P P SWM CN PEN PEN CN MC3 CN- P P MC3 MC2 MD-M OS MD-DS MD-M SWM CU CU MC2 MD-DS OS OS OS M D - M MC3 MC2 SWM Broc k R o a d Fifth Concession RoadAlexander Knox Road Si d e l i n e 1 6 Clerk Mayor Schedule II to By-LawPassed ThisDay of NXXXX/22 XXth September 2022 MD-DS Hold Zone See Section 11.1 of By-law Proposed Roads E l s a S t o r r y A v e n u e - 104 - Br o c k R o a d Fifth Concession RoadAlexander Knox Road Clerk Mayor Schedule III to By-LawPassed ThisDay of NXXXX/22 XXth September 2022 MC2/SWM MC2 MC3 Hold Zone See Section 11.1 of By-law - 105 - Attachment #1 to Report PLN 39-22 H i g h w a y 4 0 7 Broc k R o a d E l s a S t orr y A venue Don BeerMemorialPark © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:SP-2015-03 (R) and A05/15 (R) Date: Feb. 07, 2022 Phase 1A L:\PLANNING\01-MapFiles\SP\2015\SP-2015-03 & A0515\V2 - 2022\SP2015-03R A0515R_LocationMap_v2.mxd 1:13,500 SCALE:THIS IS NOT A PLAN OF SURVEY. Property Description:Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, Applicant:Seaton TFPM Inc. Subject Lands Concession 5 Alexander Knox Drive Fifth Concession Road Si d e l i n e 1 6 Mu l b e r r y L a n e Highway 7 Mo w b r a y S t r e e t Do n n a l e a Av e n u e Sp r i n g St r e e t To w n o f A j a x - 106 - Attachment #2 to Report PLN 39-22 Broc k R o a d H i g h w a y 4 0 7 Donnal e a A v e n u e Mo w b r a y S t r e e t Fifth Concession RoadAlexander Knox Drive Highway 7 S i d e l i n e 2 0 S pri ngS t reet E l s a S t orry A venue Mu l b e r r y L a n e S i d e l i n e 1 6 Air Photo MapFile:Applicant:Property Description: SP-2015-03 (R) and A05/15 (R) Date: Feb. 14, 2022 Seaton TFPM Inc.Parts of Lots 17 to 19, Concession 4, Part Lots 17 to 21, SubjectLands L:\PLANNING\01-MapFiles\SP\2015\SP-2015-03 & A0515\V2 - 2022\SP-2015-03R_AirPhoto_standard.mxd 1:13,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; ©Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Concession 5 Phase 1A - 107 - Attachment #3 to Report PLN 39-22 Details of the Draft Plan of Subdivision File: SP-2015-03 (R) Land Use Blocks (Total) Area (hectares) Prestige Employment Node 12 33.75 Prestige Employment General 2 14.27 Community Node 2 4.05 Mixed Corridor Type 2 5 8.74 Gateway 5 3.50 Street Townhouse Dwelling Units 31 12.27 Detached Dwelling Units 13 5.28 High School 1 6.49 Elementary Schools 2 4.58 Recreation Centre 1 4.19 Neighbourhood Park 2 3.04 Village Green 1 0.30 Trail Head 5 0.10 Enhanced Pedestrian Boulevard 1 0.05 Overland Flow 1 0.17 Stormwater Management Pond 6 7.24 Open Space 1 0.04 New Road Allowance 2 0.15 Servicing 1 0.11 Reserve 2 0.21 Municipal ROW 13.39 Total 95 Blocks 121.92 Hectares Residential Type of Units Number of Units Detached Dwellings 144 Street Townhouse Dwellings 601 Mixed Corridor Type 2 Dwellings 526 Gateway 596 Community Node Dwellings 338 Total Approximately 2,205 Units - 108 - Attachment #4 to Report PLN 39-22 Colour Revised Draft Plan of Subdivision City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2015-03 & A05/15 Property Description: File No: Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, L:\Planning\01-MapFiles\SP\2015 Applicant: Seaton TFPM Inc. Concession 5 August 16, 2022DATE: Added local municipal roads and stormwater management ponds to Employment Blocks Added right-of-way access to Employment Blocks Added an east-west trailhead block from Neighbourhood Park Block across Natural Heritage System Added a trailhead block to connect to Neighbourhood Park Block - 109 - Attachment #5 to Report PLN 39-22 Neighbourhood 20: Thompson's Corner Neighbourhood Plan City Development Department August 10, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2015-03 (R) and A05/15 (R) Property Description: DATE: File No: Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, L:\Planning\01-MapFiles\SP\2015 Applicant: Seaton TFPM Inc. Concession 5 RC CP NP ES VG VG HS BR O C K R O A D NP NP ES ES HL HL HL DE C VG HL T MCC VG SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM HL VG VG 0 100 200 500 metres Neighbourhood 20: Thompson's Corners Neighbourhood Plan Seaton Natural Heritage System SWM Facility (* see note below) Trailheads Terminal Views Community Park Neighbourhood Park Village Green Recreation Centre District Energy Elementary School High School Low Density Area Type 1 Medium Density Area Mixed Corridor Type 2 Community Node Prestige Employment Node Prestige Employment Gateway Site Future Transitway Station Controlled Access Area Heritage Lots Cemetery Extension Pedestrian Predominant Street Primary Neighbourhood Connecting Trails Primary Recreational Trails Secondary Recreational Trails Primary Bikeway Secondary Bikeway Local Road in NHS see Section 12.22 (m)(ii) Neighbourhood Boundary Full Movement Intersection T Intersection Right In/Right Out Intersection ES HS NP VG CP DE HL C SCHEDULE XII to PICKERING OFFICIAL PLAN N21 N19 N17 RC T SWM Note: The number, size and location of storm water management facilities shown on this schedule are conceptual only and are subject to approval as set out in Section 11.73 and section 12.22 (m) (iv) of this Plan. © - 110 - Attachment #6 to Report PLN 39-22 Applicant's Phasing Plan City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2015-03 (R) and A05/15 (R) DATE: File No: L:\Planning\01-MapFiles\SP\2015 N Property Description:Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, Applicant: Seaton TFPM Inc Concession 5 August 11, 2022 - 111 - Attachment #7 to Report PLN 39-22 Revised Draft Plan of Subdivision (Part A) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2015-03 (R) and A05/15 (R) Property Description: DATE: File No: Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, L:\Planning\01-MapFiles\SP\2015 Applicant: Seaton TFPM Inc. Concession 5 N August 15, 2022 - 112 - Attachment #8 to Report PLN 39-22 Revised Draft Plan of Subdivision (Part B) City Development Department August 15, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT.DATE: L:\Planning\01-MapFiles\SP\2015 SP-2015-03 (R) and A05/15 (R) Property Description: File No: Applicant: Seaton TFPM Inc. Concession 5 Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, N - 113 - Report to Planning & Development Committee Report Number: PLN 40-22 Date: September 6, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Envision Durham – Implementing the Provincial Agricultural System - The Region of Durham Municipal Comprehensive Review - File: A-2100-020 Recommendation: 1. That Council endorse the Staff comments contained in Appendix I to Report PLN 40-22 as the City’s formal comments on the draft Regional Agricultural System mapping, in relation to the lands in the City of Pickering, reflected in Attachments #5 and #7 to the Commissioner of Planning & Economic Development’s Report 2022-P-16, and that the Region investigate the following matters as part of finalizing the mapping and associated policies for the new Regional Official Plan: a. Whether the proposed Prime Agricultural Areas designation with a proposed Natural Heritage System Overlay, on the Agricultural Preserve lands, conforms with the Central Pickering Development Plan Natural Heritage System – Primary Designation along the West Duffins Creek Valley; b. Whether the proposed Prime Agricultural Areas overlay designation provides appropriate protection for Natural Core Areas on the Oak Ridges Moraine; c. Whether there is an appropriate level of protection for key hydrologic features, such as wetlands, against unwanted farm practices, on lands that are proposed to be re-designated Prime Agricultural Area; d. That the proposed re-designation of lands, from Major Open Space to Prime Agricultural Areas, that have significant natural heritage and hydrologic features (e.g., wetlands complexes), and are located between Greenwood and Lake Ridge Road, be reconsidered; 2. That the Region acknowledge the exception for a cemetery use on lands located northeast of the Hamlet of Greenwood, between Highway 407 and Highway 7, reflected as “E3” on Schedule I of the Land Use Structure in the Pickering Official Plan, by including a policy exception in the Regional Official Plan; 3. That a copy of Council’s Resolution and Report PLN 40-22 be forwarded to the Region for consideration; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. - 114 - PLN 40-22 September 6, 2022 Subject: Envision Durham – Implementing the Provincial Agricultural System Page 2 Executive Summary: On June 7, 2022, the Regional Municipality of Durham released the Commissioner of Planning and Economic Development’s Report 2022-P-16 (Report 2022-P-16). This Report identified a draft Regional Agricultural System (RAS) to be added to the new Regional Official Plan (ROP). The draft RAS implements the Provincial Agricultural System as part of Envision Durham, the Region’s comprehensive review of its Official Plan. A copy of Report 2022-P-16 and accompanying attachments are provided as Attachment #1 to this report. The Region is requesting comments on the draft RAS mapping by September 9, 2022. City staff recommend that the recommendations, and comments contained in Appendix I and in Section 2 of this report, be endorsed as the City comments on the draft Regional Agricultural System mapping in relation to lands within the City of Pickering, and that a copy of Council’s Resolution and Report PLN 40-22 be forwarded to the Region for consideration. Since the deadline for comments is September 9, 2022, staff will also be providing a copy of Report PLN 40-22, and the draft minutes of the Planning & Development Committee meeting of September 6, 2022, to the Region, ahead of Council’s consideration of the matter. Financial Implications: This report has no financial implications for the City. Discussion: 1. Background The current Regional Official Plan (ROP) designates rural areas in the Region, where agricultural lands and uses are predominant, as Prime Agricultural Areas. Consistent with Provincial policies and Provincial Plans, the ROP also contains policies that permit a wide range of agricultural, agricultural-related, and secondary uses in Major Open Space Area designations. In 2018, the Province released a map identifying a Provincial Agricultural System (PAS) across the Greater Golden Horseshoe, based on a Land Evaluation Area Review by the Ontario Ministry of Agriculture, Food and Rural Affairs. The PAS includes an agricultural land base that consists of prime agricultural areas, specialty crop areas and rural lands, and an agri-food network. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan, and the Oak Ridges Moraine Conservation Plan, require the implementation of the PAS through updates to upper and single tier official plans. The implementation of the PAS in the new ROP stems from the Provincial Policy Statement that: requires prime agricultural areas to be protected for long-term agricultural use and to be designated in accordance with provincial guidelines; and encourages planning authorities to use a system approach to maintain and enhance the geographic continuity of the agricultural land base, and functional and economic connections of the agri-food network 1. 1 Agri-food network includes infrastructure, services and assets important to the viability of the agri-food sector - 115 - PLN 40-22 September 6, 2022 Subject: Envision Durham – Implementing the Provincial Agricultural System Page 3 In March 2020, the Province released implementation procedures for the PAS to assist municipalities, farmers, and other stakeholders with interpreting and implementing the PAS. According to the implementation procedures, upper-tier municipalities may refine the PAS mapping of the agricultural land base at the time of the initial implementation of the PAS in their official plans. Any subsequent refinements may only occur through a municipal comprehensive review. In February 2021, the Region retained consultants to assist with the implementation of the PAS into the ROP. Regional staff, and the consultant team, reached out to the Envision Durham Municipal Working Group, Conservation Authorities, and Agricultural Advisory Committees, regarding the preferred approach to refine the PAS mapping in Durham. This was followed up with a review process, consisting of a combination of a desktop exercise, and on-the-ground assessment of the Region’s rural area. The Commissioner of Planning and Economic Development’s Report 2022-P-16 (Report 2022-P-16), released in association with the draft Regional Agricultural System (RAS) mapping (see Attachment #1), provides a comprehensive explanation of the methodology that was used by the Region and the consultant team to refine the PAS mapping and delineate the draft RAS for the new ROP. The draft RAS mapping is shown in Attachments #2 to #8 to Report 2022-P-16. Attachments #5 and #7 to Report 2022-P-16 identify 11 assessment units in Pickering for potential inclusion in the draft RAS. These assessment units are the lands in Pickering the Region is proposing for inclusion in the Prime Agricultural Areas designation of the new ROP. The Region is seeking the City’s feedback on those assessment units. Section 2 of this report contains staff’s comments in that regard. Report 2022-P-16 also contains a short discussion on the significance of the current Major Open Space Areas designation in the ROP, which, in addition to the designated Prime Agricultural Areas in the ROP, applies to certain lands within the Region’s rural area. The designated Major Open Space Areas in Durham comprise significant natural heritage and hydrologic features, and rural lands, where agricultural uses as well as non-agricultural uses, such as commercial kennels, and major recreational uses, are permitted. Report 2022-P-16 points out that re-designating these Major Open Space Areas as Prime Agricultural Areas would limit the rural economic development potential of those lands to agricultural practices. Report 2022-P-16 also refers to the feedback received, through the Envision Durham consultation, which stressed the importance of ensuring Major Open Space Areas are retained for parks, major recreational uses (e.g., golf courses), and non-agricultural uses, such as cemeteries. Accordingly, the Region resolved to only change lands with a current designation of Major Open Space Areas to a designation of Prime Agricultural Areas, if no natural heritage features were present, and if the lands were under active cultivation. Staff does not concur with the proposed mapping re-designating the south part of Lot 9, and the southern third of Lot 10, Concession 5 (north of the Fifth Concession Road, between Westney Road and Sideline 8), from Major Open Space Areas to Prime Agricultural Areas, because it is covered by significant woodlands, wetlands, and is uncultivated. - 116 - PLN 40-22 September 6, 2022 Subject: Envision Durham – Implementing the Provincial Agricultural System Page 4 A number of other key aspects to point out, in relation to the implementation of the PAS in the new ROP, are the following: •On lands outside the Oak Ridges Moraine, the refined Provincial Agricultural System mapping will be depicted as a “Prime Agricultural Area or System” designation in the ROP, whereas on lands inside the Oak Ridges Moraine, it will remain as an overlay. Furthermore, the new Regional Natural Heritage System will be depicted as an overlay across Durham. The primary difference between a “designation” and an “overlay” is that the policies associated with a “designation” have primacy over policies associated with an “overlay”. •The Region is not proposing a Prime Agricultural Areas or System on lands that are federally owned, or within Seaton, which forms part of Pickering’s Urban System. •Lands designated as Prime Agricultural Areas/System in the ROP will be outside of any future urban boundaries, and the final proposed changes to the draft RAS will reflect the future urban boundary that will come forward in Phase 2 of the Region’s Growth Management Study. •Although the implementation of the Provincial Agricultural System through the new ROP would go hand in hand with the implementation of associated new or revised land use policies, the Region is, at this time, only seeking feedback on the draft RAS mapping. •Although there are a number of proposed additions to the Prime Agricultural Areas in Pickering, the majority of the draft RAS lands are already included in the Prime Agricultural Areas designation in the City’s Official Plan. This was achieved through work undertaken through Official Plan Amendment (OPA) 27 (The Greenbelt and Countryside Amendment approved in December 2017). 2.Staff Comments City staff, through a number of consultation periods during 2017 and 2018, provided preliminary comments to the Ontario Growth Secretariat in response to the proposed Provincial Agricultural System Map. Those comments were repeated in the City’s comments on the Region’s Envision Durham – Agricultural and Rural System Discussion Paper, through Report PLN 13-19. In the first quarter of 2022, City Planning staff, as part of the Envision Durham Municipal Working Group engagement, undertook a review of the Region’s draft RAS comparing it to the Prime Agricultural Areas mapping in the POP, aerial photography, and available development data and approvals, and provided preliminary comments to Regional staff. At that time, the mapping revisions identified by City staff pertained mainly to assessment units where the draft RAS mapping layer protruded into developed properties in rural settlements (where the development limits had been established through previous planning approvals), or undeveloped properties, for which the development limits were also established through recent studies and planning approvals. Based on the comments that were previously submitted by the City staff to the Region, City staff conducted a final review of the latest draft RAS mapping (contained in Attachments #5 and #7 to the Report 2022-P-16), with specific attention to the - 117 - PLN 40-22 September 6, 2022 Subject: Envision Durham – Implementing the Provincial Agricultural System Page 5 11 assessment units identified in rural Pickering. As noted before, these assessment units are the areas in Pickering the Region are proposing for inclusion in the Prime Agricultural Areas designation of the new ROP. Staff’s detailed comments with respect to the 11 assessments units in Pickering are contained in Appendix I to this report (see the last column of the comment table). As noted in the comment table, City staff identified a number of concerns (see bold text) that should be investigated and clarified by the Region as part of developing the associated policies framework that will inform the mapping in the new ROP. Additionally, staff are recommending that the following comments, previously provided to the Region through Report PLN 13-19 as the City’s formal comments on the Region’s Agricultural and Rural Discussion Paper, back in May, 2019, be reiterated: The Pickering Official Plan identifies an Exception (E3) Area for a future cemetery use on lands north-east of the Hamlet of Greenwood, between Highway 407 and Highway 7. The lands are located, for the most part, in the “Prime Agricultural Areas” designation in both the Pickering and Regional Official Plans. Through initial discussions with Regional Planning staff and staff from the Ministry of Municipal Affairs and Housing, it was determined that the exception for a cemetery use on the subject lands could be grandfathered, given its exception status. These lands are strategically situated in relation to Seaton and North East Pickering, and given that the population of Pickering is expected to more than double in the next 30 years, these lands may prove very useful in meeting the future need for burial space. Therefore, staff recommends that the Region recognize the exception for a cemetery use on the lands located northeast of the Hamlet of Greenwood, between Highway 407 and Highway 7, reflected as “E3” on Schedule I of the Land Use Structure in the Pickering Official Plan, by including a policy exception in the new ROP. 3. Conclusion This report and the accompanying appendix provides a synopsis of the Region’s process to implement the Provincial Agricultural System through Envision Durham, the Municipal Comprehensive Review process, and includes staff comments that should be investigated and clarified by the Region as part of finalizing the mapping and associated policies for the new Regional Official Plan. Appendix: Appendix I City Development Staff Comments on the Draft Regional Agricultural System Mapping Attachment: 1. Report 2022-P-16 of the Commissioner of Planning and Economic Development - 118 - PLN 40-22 September 6, 2022 Subject: Envision Durham – Provincial Agricultural System Page 6 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Déan Jacobs, MCIP, RPP Catherine Rose, MCIP, RPP Manager, Policy & Geomatics Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO DJ:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 119 - Appendix I to Report PLN 40-22 City Development Staff Comments on the Draft Regional Agricultural System Mapping - 120 - Page 1 City Development Staff Comments on the Draft Regional Agricultural System Mapping Assessment Unit # Current ROP Designation Proposed New ROP Designation or Overlay Current Pickering Official Plan Designation/Overlay Staff Comments 92-P (northwest of the Hamlet of Green River) Specific Policy Area A Prime Agricultural Area Designation Natural Areas (Note: Natural Areas include uses such a conservation, environmental protection, existing lawful agricultural uses and agricultural uses that assist in the function of natural linkage corridors, and small scale landscape industries, subject to certain criteria) The lands are located within the Duffins Rouge Agricultural Preserve. The Central Pickering Development Plan (CPDP) designates the lands, in part, as “Reserve” and “Natural Heritage System (NHS) – Primary Designation”. The CPDP distinguishes between a “NHS – Primary Designation” (generally on publicly owned lands), and a “NHS – Overlay Designation” (generally on privately owned lands) within the CPDP area. The Region is proposing to designate the entire Preserve as Prime Agricultural Area with the new Regional NHS as an Overlay on top of the Prime Agricultural Area designation. Staff question whether replacing the CPDP land use designation of “NHS – Primary Designation” with a “Prime Agricultural Area” designation and an NHS Overlay maintains conformity with the CPDP? - 121 - Page 2 Assessment Unit # Current ROP Designation Proposed New ROP Designation or Overlay Current Pickering Official Plan Designation/Overlay Staff Comments 97-P (south and southwest of the Hamlet of Green River) Specific Policy Area A Prime Agricultural Area Designation Prime Agricultural Area & Natural Area The lands are located within the Duffins Rouge Agricultural Preserve. The Central Pickering Development Plan (CPDP) designates the lands, in part, as “Reserve”, Natural Heritage System (NHS) – Overlay Designation” and “NHS – Primary Designation. The same question posed in relation to the assessment parcel (# 92-P) above, applies to this parcel. 100-P and 101-P (south and southwest of the Hamlet of Whitevale, between Whitevale Road and Third Concession Road) Specific Policy Area A Prime Agricultural Area Designation Prime Agricultural Area & Natural Area in part The lands are located within the Duffins Rouge Agricultural Preserve. The CPDP designates the lands, in part, as “Reserve”, “Natural Heritage System (NHS) – Overlay Designation” and “NHS – Primary Designation”. The same question posed in relation to the assessment parcel (# 92-P) above, applies to this parcel. - 122 - Page 3 Assessment Unit # Current ROP Designation Proposed New ROP Designation or Overlay Current Pickering Official Plan Designation/Overlay Staff Comments 102-P (between Third Concession Road and CP Railway line) Specific Policy Area A Prime Agricultural Area Designation Prime Agricultural Area, Natural Area, Potential Multi-Use Area (Hydro Corridor), and the Cherrywood Rural Cluster. Furthermore, the Pickering Official Plan identifies a number of small wetland features on the lands in assessment unit 100-P, and more significant wetland complexes on the lands within assessment units 101-P and 102-P. There is no planning mechanism currently in place to trigger an environmental impact study in response to an undesirable farm practice. The results of an environmental impact assessment may recommend protection, mitigation, or compensation measures for these wetlands. Although the Conservation Authorities (CAs) offer education and informational programs to the agricultural community, adding policy language in the ROP that may trigger an environmental impact study, could result in better outcomes in cases where farmers wish to remove wetlands on their lands. - 123 - Page 4 Assessment Unit # Current ROP Designation Proposed New ROP Designation or Overlay Current Pickering Official Plan Designation/Overlay Staff Comments Staff recommend that the Region consider the inclusion of policy language in the new ROP in relation to significant hydrologic features on Prime Agricultural lands, that require farmers to consult the relevant Conservation Authority (CA) regarding the implications of potentially removing any wetland features on their lands (e.g., possible downstream impacts), and to implement best practices and participate in education programs offered by the Ontario Ministry of Agriculture, Forestry and Rural Affairs (OMAFRA). 98-P-b (east and southeast of the Hamlet of Greenwood) Major Open Space Prime Agricultural Area Designation Prime Agricultural Area & Natural Area, with a Rural Study Area on parts east of Greenwood Staff agrees in principle with the proposed re-designation from Major Open Space Areas to Prime Agricultural Area in the new ROP, with the exception that the southern part of this assessment unit, located north of Fifth Concession Road (between Westney Road and the Sideline 8) and within the Greenbelt Plan NHS, be retained as Major Open - 124 - Page 5 Assessment Unit # Current ROP Designation Proposed New ROP Designation or Overlay Current Pickering Official Plan Designation/Overlay Staff Comments Space, because it is uncultivated and covered by natural heritage features and wetlands, which makes it highly unlikely to be used for agricultural purposes. The proposed re-designation to Prime Agricultural Area does not have any implications for the Rural Study Area east of Greenwood, reflected in the Pickering Official Plan, since the Growth Plan stipulates that hamlets are not locations to which growth should be directed to. 96-P-b (between Hwy 7 & Sixth Concession) Major Open Space Prime Agricultural Area Designation Prime Agricultural Area with a Rural Study Area north of Greenwood Staff agrees in principle with the proposed re-designation from Major Open Space Areas to Prime Agricultural Area in the new ROP. The proposed re-designation to Prime Agricultural Area does not have any implications for the Rural Study Area east of Greenwood, reflected in the Pickering Official Plan, since the Growth Plan stipulates that hamlets are not locations to which growth should be directed to. - 125 - Page 6 Assessment Unit # Current ROP Designation Proposed New ROP Designation or Overlay Current Pickering Official Plan Designation/Overlay Staff Comments 99-P-a (south of Highway 7 and west of Lake Ridge Road Major Open Space Prime Agricultural Area Designation Natural Areas (approximately 90% of area), Active Recreational Areas (Hawthorne Valley golf course), and Prime Agricultural Areas. The majority of these lands fall within the Protected Countryside – Natural Heritage System of the Greenbelt Plan. These lands are covered by significant woodlands and wetland complexes, forming part of an east/west wildlife corridor (linking to the Greenwood Conservation Area) along the East Duffins Creek. These features make the central and southern parts of this area highly unlikely for agricultural purposes. Staff recommend that the Region reconsider the re-designation of the lands within this assessment unit from Major Open Space Area to Prime Agricultural Area. Furthermore, as in the case of assessment units 100-P, 101-P and 102-P, Staff is concerned that there is no planning mechanism currently in place to trigger an environmental impact study (that may result in a recommendation to protect, mitigate, or compensate for the loss of wetlands on these lands). If the Region decides to - 126 - Page 7 Assessment Unit # Current ROP Designation Proposed New ROP Designation or Overlay Current Pickering Official Plan Designation/Overlay Staff Comments proceed with re-designating these lands to Prime Agricultural Areas, Staff recommend that the Region consider including policy language in the new ROP, that require farmers to consult with the relevant CA and municipality regarding the implications of potentially removing wetlands (e.g., possible downstream impacts), and to implement best practices and participate in education programs offered by OMAFRA. 78-P-a Oak Ridges Moraine (ORM) Countryside Area and ORM Natural Linkage Area in part Prime Agricultural Area Overlay ORM Countryside Areas and ORM Natural Linkage Areas in part Staff has no concerns with the proposed Prime Agricultural Area Overlay. There are already lands with the same underlying land use designations in the ORM in both the ROP and the POP with a Prime Agricultural Area overlay – this proposal represent a minor expansion thereof. - 127 - Page 8 Assessment Unit # Current ROP Designation Proposed New ROP Designation or Overlay Current Pickering Official Plan Designation/Overlay Staff Comments 79-P-b (ORM) Countryside Area and ORM Natural Linkage Area in part Prime Agricultural Area Overlay ORM Countryside Areas and ORM Natural Linkage Areas in part Staff has no concerns with the proposed Prime Agricultural Area Overlay. There are already lands with the same underlying land use designations in the ORM in both the ROP and the POP with a Prime Agricultural Area overlay – this proposal represent a minor expansion thereof. 83-P-a (ORM) Countryside Area, ORM Natural Core Area, and ORM Natural Linkage Area in part Prime Agricultural Area Overlay ORM Countryside Areas, ORM Natural Core Area, and ORM Natural Linkage Areas in part Staff question the appropriateness of the proposed overlay on top of the ORM Natural Core Area designation, as these areas consist of valley lands, significant woodlands and a wetland complex, (reflected in Schedules IIIB and IIIC of the POP), intended to provide permanent protection to the natural heritage system. Although the Region’s report points out that the proposed Prime Agricultural Area Overlay on the Oak Ridges Moraine allows for additional flexibility for agricultural sector uses, staff is of the opinion that adding policy language in the ROP that may trigger an environmental impact study, could result in better - 128 - Page 9 Assessment Unit # Current ROP Designation Proposed New ROP Designation or Overlay Current Pickering Official Plan Designation/Overlay Staff Comments outcomes in cases where farmers wish to remove significant natural heritage or hydrologic features within the ORM Natural Core Area. Accordingly, Staff recommend that, if the Region decides to re- designate these lands with a Prime Agricultural Area Overlay, that the Region consider including policy language in the new ROP that discourages farmers from extending farming operations onto lands within the Natural Core of the ORM, and to implement best practices and participate in education programs offered by OMAFRA. - 129 - Attachment #1 to Report PLN 40-22 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564 The Regional Municipality of Durham Report To: Planning and Economic Development Committee From: Commissioner of Planning and Economic Development Report:#2022-P-16 Date:June 7, 2022 Subject: Envision Durham – Implementation of the Provincial Agricultural System, File D12-01 Recommendation: Receive for information Report: 1.Purpose 1.1 The purpose of this report is to advise Committee that draft proposed changes to implement the Provincial Agricultural System mapping in the Regional Official Plan (ROP) are being released for public and agency comment. This map is a key component of Envision Durham, the Municipal Comprehensive Review (MCR) of the ROP. 1.2 The inclusion of the Provincial Agricultural System is required for the new ROP to be consistent with the Provincial Policy Statement (PPS), and to conform with provincial plans (the Growth Plan, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan). It should be noted that the Agriculture System will apply outside of any future urban boundaries and that the final proposed changes will reflect the urban area boundary that will come forward in Phase 2 of the Growth Management Study. - 130 - Report #2022-P-16 Page 2 of 9 1.3 Following Regional Planning and Economic Development Committee on June 7, 2022, the draft mapping for the Provincial Agricultural System will be posted to the Envision Durham project webpage in the format of an interactive map viewer and are also provided as Attachment #1 to this report. Those wishing to provide input may do so by commenting directly into the online map viewer, emailing EnvisionDurham@durham.ca or mailing the Planning and Economic Development Department. Comments are requested by September 9, 2022. 2. Background 2.1 Durham is implementing the provincial agricultural system through Envision Durham, the Region’s Municipal Comprehensive Review (MCR) of the Regional Official Plan (ROP). 2.2 The ROP currently designates Prime Agricultural Areas, reflecting rural areas in the Region where agricultural lands and agricultural uses predominate. 2.3 The ROP also includes policies that permit a full range of agricultural, agricultural-related and secondary uses within both the Prime Agricultural Area and Major Open Space Area designations, consistent with the PPS, Greenbelt Plan and Oak Ridges Moraine Conservation Plan. 3. Existing Provincial Policy Requirements 3.1 Provincial planning policy, plans and legislation requires the implementation of an agricultural system approach that achieves a continuous and connected agricultural system across the Greater Golden Horseshoe. 3.2 The PPS requires that prime agricultural areas be protected for long-term use for agriculture. In addition, the PPS requires planning authorities designate prime agricultural areas in accordance with provincial guidelines and municipalities are encouraged to use an agricultural system approach to maintain and enhance the geographic continuity of the agricultural land base and the functional and economic connections of the agri-food network. 3.3 The PPS encourages planning authorities to use an agricultural system approach to maintain and enhance geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network. The Greenbelt Plan, Growth Plan and Oak Ridges Moraine Conservation Plan all go further by requiring municipal official plan conformity with the Provincial Agricultural System, released by the Province in 2018. - 131 - Report #2022-P-16 Page 3 of 9 3.4 To develop the Provincial Agricultural System, the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) undertook a Land Evaluation Area Review (LEAR) and identified the following: • areas already designated as Prime Agricultural Areas in approved official plans; • additional areas identified as meeting the definition of Prime Agricultural Areas, subject to municipal review; and • candidate areas that could be Prime Agricultural Areas, also subject to municipal review. 3.5 The Growth Plan for the Greater Golden Horseshoe, 2020 provides for the identification and protection of an Agricultural System including a continuous and productive land base, and that Prime Agricultural Areas be designated and protected for long term use for agriculture. 3.6 OMAFRA identified a Provincial Agricultural System across the Greater Golden Horseshoe and released mapping in 2018 that includes the following components: • an agricultural land base, consisting of prime agricultural areas, including speciality crop areas and rural lands that together create a continuous, productive land base for agriculture; and • an agri-food network that includes infrastructure, services and assets, important to the viability of the agri-food network. 3.7 As a supplementary direction, the Growth Plan commits the province to identifying, establishing or updating the Agricultural system. Accordingly, in March 2020 the province released its “Implementation Procedures for the Agricultural System in Ontario’s Greater Golden Horseshoe”, which are intended to help municipalities, farmers and others interpret the agricultural system references in provincial plans for the GGH. 3.8 Upper-tier municipalities may refine provincial mapping of the agricultural land base at the time of initial implementation in their official plans, based on the Implementation Procedures issued by the province. After provincial mapping of the agricultural land base has been implemented in official plans, further refinements may only occur through a municipal comprehensive review. 3.9 The Growth Plan also directs municipalities to ensure that the geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network will be maintained and enhanced. - 132 - Report #2022-P-16 Page 4 of 9 3.10 The Greenbelt Plan directs municipalities to update mapping within the Protected Countryside and upper-tier municipalities to refine and augment official plan mapping to bring prime agricultural areas, including specialty crop areas, and rural lands into conformity with provincial mapping and implementation procedures. 4. Implementing the Provincial Agricultural System Provincial Agricultural System Land Base Mapping 4.1 Durham’s Rural System in the ROP includes all lands outside of the region’s designated Urban Areas. The Rural Area is primarily made up of Prime Agricultural Areas and Major Open Space Areas designations. Prime Agricultural Areas are intended to be used for agriculture and farm-related uses while Major Open Space Areas are intended for environmental conservation and a full range of agricultural uses and subject to specific criteria, major recreational and non-agricultural uses. 4.2 There are differences between the Provincial Agricultural System and the Prime Agricultural Areas designation in the current ROP. Areas currently designated as Major Open Space Areas in the ROP have been identified by the Province as Prime Agricultural Areas, or as Candidate Areas that could either become Prime Agricultural Areas or remain as Major Open Space Areas, depending on the outcome of municipal review. 4.3 According to the Implementation Procedures for the Agricultural System in Ontario’s Greater Golden Horseshoe, municipalities must assess whether to include Candidate Areas as Prime Agricultural Areas. 4.4 In February 2021, the Region retained Planscape Inc. to assist in the review, assessment and approaches to implementing the Provincial Agricultural System into the ROP and to provide input into how the agri-food network should be addressed. 4.5 Regional staff and the consultant team connected with the Envision Durham Area Municipal and Conservation Authority Working Groups, Durham Agricultural Advisory Committee, Clarington Agricultural Advisory Committee and Durham Federation of Agriculture regarding the Region’s initial approach to refine the Provincial Agricultural System. 4.6 The review was a combination of a desktop exercise and on-the-ground assessment of the region’s Rural Area. This work included: • validating Provincial determinations of additional Prime Agricultural Areas; - 133 - Report #2022-P-16 Page 5 of 9 • categorizing candidate areas as either those that should become Prime Agricultural Areas or remain Major Open Space Areas in the ROP; • excluding sites that have the majority of the area occupied by significant woodlands; • prioritizing the existing Major Open Space system by maintaining integrity and connectivity of Major Open Space Areas; • excluding national park sites, the Pickering airport lands, and special policy areas because they are federally regulated or intended for a non-agricultural use; and • excluding sites identified by the area municipalities, where information was provided to justify exclusion from the Prime Agriculture System. 4.7 Portions of the Major Open Space area between Ajax and Whitby has been proposed for redesignation to Prime Agricultural Areas as these larger parcels are contained within the Greenbelt Plan Area. 4.8 Proposed refinements to the Provincial Agricultural System would increase the area of land within the Prime Agricultural Areas designation by 278 hectares, representing an increase of 2.7 per cent. 4.9 The Oak Ridges Moraine Prime Agriculture “overlay” would be increased by 7,753 hectares (an increase of 89.7 per cent). Taken together, the total area of Prime Agricultural System (designation and overlay) would be 121,582 hectares. 4.10 Within the Oak Ridges Moraine Countryside designation, identification of lands as Prime Agriculture, results in some ability for establishing new non-agricultural uses, but would not allow small-scale commercial, industrial, institutional and major recreational uses in keeping with the ORMCP. The identification of the Prime Agriculture overlay on lands designated Natural Core Areas and Natural Linkage Areas on the Moraine allows for some additional flexibility for agricultural sector uses, including agriculture-related uses and on-farm diversified uses. 4.11 Attachments 2 through 6 identify proposed changes to the ROP for inclusion into the Prime Agricultural Areas designation, while Attachments 6 and 7 illustrate the assessment units that are proposed to be included in the Prime Agricultural overlay in the Oak Ridges Moraine. 4.12 Agri-food network policies will be released at a later date for consultation through the draft new ROP. Agri-food assets are not proposed to be mapped in the ROP. The agri-food network asset mapping that is maintained by the Economic - 134 - Report #2022-P-16 Page 6 of 9 Development Division is also available through the provincial ConnectON system. This mapping is updated regularly and is more nimble than through a schedule in the official plan. 5. Major Open Space Areas Designation 5.1 The Region’s existing Major Open Space Areas designation constitutes an important element of the Regional Structure, serving a dual function. Not only does it comprise significant natural heritage and hydrologic features, where the intent is conservation and environmental protection, but also includes rural-type lands where a full range of agricultural uses, non-agricultural and major recreational uses may be permitted, subject to site specific evaluation and criteria. 5.2 The Major Open Space designation provides flexibility for some non-farming uses compared to the Prime Agriculture designation. It allows for a greater variety of rural economic uses, including agri-business, commercial kennels and landscaping industrial uses, as well as major recreational uses. When lands are designated Prime Agriculture, the rural economic development potential is limited to agricultural practices. 5.3 Critical feedback heard in response to the Environment and Greenlands and Agricultural and Rural Discussion Papers was the importance of ensuring sufficient Major Open Space Areas are retained for parks, major recreational and non-agricultural uses, such as cemeteries. 5.4 Regional staff’s approach to implementing the Provincial Agricultural System, was to only make a change from Major Open Space Area to the Prime Agriculture designation if no natural heritage features were present, and if the lands were under active cultivation. 6. Public Consultation Process 6.1 This report, the draft Regional Agricultural System mapping, including instructions on how to use the map viewer, as well as a series of Frequently Asked Questions (FAQ) regarding Natural Heritage Systems, will be posted to the project webpage at www.durham.ca/EnvisionDurham for public and agency review. 6.2 Interested parties are encouraged to provide input directly within the online map viewer. Comments may also be submitted to EnvisionDurham@durham.ca or by mail and are requested by September 9, 2022. Information on the release of the draft Regional Agricultural System will be announced by way of: - 135 - Report #2022-P-16 Page 7 of 9 a. News release and public service announcement;b. Social media platforms, including Facebook, Twitter and LinkedIn;c. Email notifications and report circulation, as detailed below. 6.3 A copy of this report and an invitation to provide input through the online map viewer will be forwarded to all Envision Durham Interested Parties, Durham’s area municipalities, conservation authorities, Indigenous communities, BILD – Durham Chapter, and the Ministry of Municipal Affairs and Housing and the Ontario Ministry of Agriculture, Food and Rural Affairs. Circulation will also be provided to Regional Advisory Committees (Durham Environmental Advisory Committee, Durham Agricultural Advisory Committee and Durham Region Roundtable on Climate Change) that may have interest in where and how the Region intends to protect and enhance the Regional Agricultural System. 7. Relationship to Strategic Plan 7.1 This report aligns with/addresses the following strategic goals and priorities in the Durham Region Strategic Plan: • Priority 1.3 under the goal of environmental sustainability, protect preserve and restore the natural environment, including greenspaces, waterways, parks, trails and farmlands; and • Priority 3.5 under the goal of economic prosperity, provide a supportive environment for agriculture and agri-food industries. 8. Previous Reports and Decisions 8.1 The following Regional staff reports related to the Provincial Agricultural System have been provided to Council since the launch of Envision Durham: • Report #2018-INFO-57 - Provincial Decisions on the Regional Natural Heritage System and Agricultural System for the Growth Plan for the Greater Golden Horseshoe • Report #2019-P-12 Envision Durham – Agricultural and Rural System Discussion Paper. • Report #2021-P-7 Envision Durham – Proposed Policy Directions 9. Conclusion 9.1 Implementation of the Provincial Agricultural System is required to achieve conformity with provincial planning legislation. - 136 - Report #2022-P-16 Page 8 of 9 9.2 The approach that is being proposed for the Region’s new official plan is to implement provincial planning legislation on appropriate sites based on detailed research and criteria. 9.3 Input on the draft Regional Agricultural System is requested by September 9, 2022. Feedback received will be reviewed and will inform the preparation of the draft ROP. 10. Attachments Attachment #1: Glossary Attachment #2-6: Draft ROP Agricultural System Mapping Attachment #7-8: Draft ROP Agricultural System Mapping on the Oak Ridges Moraine Respectfully submitted, Original signed by Gary Muller for Brian Bridgeman, MCIP, RPP Commissioner of Planning and Economic Development Recommended for Presentation to Committee Original signed by Elaine C. Baxter-Trahair Chief Administrative Officer - 137 - Report #2022-P-16 Page 9 of 9 Attachment #1 – Glossary Agricultural System: is the system mapped and issued by the province in accordance, comprised of a group of inter-connected elements that collectively create a viable, thriving agricultural sector. It has two components: • An agricultural land base comprised of prime agricultural areas, including specialty crop areas, and rural lands that together create a continuous productive land base for agriculture; • An agri-food network which includes infrastructure, services, and assets important to the viability of the agri-food sector. Agri-Food System: is defined within provincial plans as “within the Agricultural System, a network that includes elements important to the viability of the agri-food sector such as regional infrastructure and transportation networks; on-farm buildings and infrastructure; agricultural services, farm markets, distributors, and primary processing; and vibrant, agriculture-supportive communities Candidate Areas: areas that are equal to or larger than 250 hectares which received medium LEAR scores and are in agricultural production Land Evaluation Area Review (LEAR): is a commonly used tool in Ontario, developed by OMAFRA to quantitatively evaluate the relative importance of lands for agriculture based on the land’s inherent characteristics and other factors affecting agricultural potential - 138 - * * * ** * 12-P 13-P-e 8-P-d 5-P 48 12 7 127 12 Draft Prime Agriculture System 0 2 4 Kilometres This map has been produced from a variety of sources. The Region of Durham does not make any representations concerning the accuracy, likely results, or reliability of the use of the materials. The Region hereby disclaims all representations and warranties. Digital cartography by The Regional Municipality of Durham, Planning and Economic Development Department, 2022. All rights reserved. May not be reproduced without permission. Attachment #2 Lake Simcoe Special Study Area Shoreline Residential Specific Policy Area Regional Centre Prime Agricultural Area Oak Ridges Moraine Nuclear Power Plant Municipal Service Major Open Space Living Area Hamlet Employment Area Airport Land Use Designation Urban Area Boundary Assessment Unit - 139 - - 140 - - 141 - * * * * * * * * ** N× 10 5 - P 10 6 - P 10 4 - P - b 12 8 - P 92 - P 97 - P 10 0 - P 10 1 - P 10 2 - P 96 - P - b 99 - P - a 98 - P - b 40 1 40 1 7 7 12 7 40 7 40 7 41 2 41 2 Dr a f t P r i m e Ag r i c u l t u r e S y s t e m 0 1 . 5 3 Ki l o m e t r e s Th i s m a p h a s b e e n p r o d u c e d f r o m a v a r i e t y o f s o u r c e s . Th e R e g i o n o f D u r h a m d o e s n o t m a k e a n y re p r e s e n t a t i o n s c o n c e r n i n g t h e a c c u r a c y , l i k e l y r e s u l t s , or r e l i a b i l i t y o f t h e u s e o f t h e m a t e r i a l s . Th e R e g i o n h e r e b y d i s c l a i m s a l l r e p r e s e n t a t i o n s a n d wa r r a n t i e s . Di g i t a l c a r t o g r a p h y b y T h e R e g i o n a l M u n i c i p a l i t y o f Du r h a m , P l a n n i n g a n d E c o n o m i c D e v e l o p m e n t De p a r t m e n t , 2 0 2 2 . Al l r i g h t s r e s e r v e d . Ma y n o t b e r e p r o d u c e d w i t h o u t p e r m i s s i o n . At t a c h m e n t # 5 Sp e c i a l S t u d y A r e a Sh o r e l i n e R e s i d e n t i a l Sp e c i f i c P o l i c y A r e a Re g i o n a l C e n t r e Pr i m e A g r i c u l t u r a l A r e a Oa k R i d g e s M o r a i n e Nu c l e a r P o w e r P l a n t Mu n i c i p a l S e r v i c e Ma j o r O p e n S p a c e Li v i n g A r e a Ha m l e t Em p l o y m e n t A r e a Ai r p o r t La n d U s e D e s i g n a t i o n Ur b a n A r e a B o u n d a r y As s e s s m e n t U n i t La k e O n t a r i o * - 142 - - 143 - - 144 - - 145 - Report to Planning & Development Committee Report Number: PLN 41-22 Date: September 6, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 10/21 1023343 Ontario Inc. 4973 Brock Road (“Old Brock Road”) Recommendation: 1. That Zoning By-law Amendment Application A 10/21, submitted by 1023343 Ontario Inc., to rezone a portion of the property from ORM-R5 to ORM-C2 and to establish a site-specific exception to permit a detached dwelling on the lot, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 41-22, be finalized and forwarded to Council for enactment, following the applicant entering into an encroachment agreement, or other agreements as may be required by the Region of Durham or City of Pickering, for the existing deck. Executive Summary: The subject property is located at the northeast corner of Old Brock Road and Wellington Street, within the Hamlet of Claremont (see Location Map, Attachment #1). The applicant initially requested to rezone the portion of the property currently zoned ORM-C2 to ORM-R5 to facilitate a future severance of the property to create a total of two residential lots fronting Old Brock Road (see Original Site Plan, Attachment #3). Following the Statutory Public Meeting on January 10, 2022, the applicant revised the proposal to address concerns raised by the Region of Durham Health Department pertaining to private servicing. As such, the applicant has revised their proposal to no longer pursue a future severance of the lot. However, the applicant is now requesting to rezone the portion of the property currently zoned OMR-R5 to ORM-C2. The applicant is also requesting a site-specific exception to permit a detached dwelling, in addition to the various commercial uses permitted under the ORM-C2 Zone. The existing detached dwelling on the lot is proposed to remain (see Revised Site Plan, Attachment #4). Staff support the revised proposal as it legalizes an existing dwelling unit, while still retaining the commercial uses that are already permitted under the by-law. Staff recommends that Zoning By-law Amendment Application A 10/21 be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to this report, be finalized and forwarded to Council for enactment, following the applicant entering into an encroachment agreement, or other such agreements as may be required by the Region of Durham (Region) or the City of Pickering (City), for the existing deck. - 146 - PLN 41-22 September 6, 2022 Subject: 1023343 Ontario Inc. Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description The subject property is located at the northeast corner of Old Brock Road and Wellington Street, within the Hamlet of Claremont (see Location Map, Attachment #1). The site has an area of approximately 0.27 of a hectare with approximately 47 metres of frontage along Old Brock Road and 57 metres of frontage along Wellington Street. There is a two-storey detached dwelling located at the northwest corner of the property. In 2019, the owner at that time constructed an attached deck that wraps around the west, south and east walls of the dwelling. A small portion of the deck is located beyond the front property line and encroaches onto the Old Brock Road right-of-way. The surrounding land uses are as follows (see Air Photo Map, Attachment #2): North: Immediately to the north are one and two-storey detached dwellings fronting Old Brock Road and Central Street. At the southeast corner of Central Street and Old Brock Road is a two-storey mixed-use building with commercial uses at grade (including a convenience store, LCBO and Beer Store) and residential units on the second floor. South: To the south, across Wellington Street, are two-storey detached dwellings fronting onto Old Brock Road and Wellington Street. Further south is a commercial property currently occupied by the Claremont Masonic Hall. West & To the west, across Old Brock Road, and immediately to the east are one East: and two-storey detached dwellings. 2. Applicant’s Proposal The subject property is currently zoned “ORM-C2 – Oak Ridges Moraine – General Commercial Zone” and “ORM-R5 – Oak Ridges Moraine – Hamlet Residential Five Zone” within Zoning By-law 3037, as amended by By-law 6640/06 (see Figure 1 below). Permitted uses within the ORM-C2 Zone include various commercial uses (such as a bake shop, office, clinic, day nursery, and financial institution), and an accessory dwelling unit. Permitted uses within the ORM-R5 Zone include a detached dwelling and a home-based business. - 147 - PLN 41-22 September 6, 2022 Subject: 1023343 Ontario Inc. Page 3 Figure 1: Current Zoning Map The applicant initially requested to rezone the portion of the property currently zoned ORM-C2 to ORM-R5 to facilitate a future severance of the property to create a total of two residential lots fronting Old Brock Road (see Original Site Plan, Attachment #3). The existing two-storey detached dwelling was proposed to remain on the north lot, and a new detached dwelling was proposed on the south lot. Subsequent to the Statutory Public Meeting, the City received comments from the Region of Durham in objection to the proposed severance. The Regional Health Department advised that the creation of an additional lot did not meet the requirements of the Region’s lot sizing policy. The proposed sewage system areas for each lot were undersized, and the sewage system areas did not meet the minimum clearance requirements to the proposed wells. As such, the applicant has revised their proposal to no longer pursue a future severance of the lot. However, the applicant is now requesting to rezone the portion of the property currently zoned OMR-R5 to ORM-C2. The applicant is also requesting a site-specific exception to permit a detached dwelling, in addition to the various commercial uses permitted under the ORM-C2 Zone. This will allow future commercial uses, as well as permit the existing detached dwelling that is proposed to remain on the lot (see Revised Site Plan, Attachment #4). The lot is to be serviced by a new septic system and the existing well. The existing driveway fronting Old Brock Road is proposed to remain. - 148 - PLN 41-22 September 6, 2022 Subject: 1023343 Ontario Inc. Page 4 In December of 2021, the applicant submitted a land division application to facilitate the severance, prior to receiving comments from the Region of Durham. At the recommendation of staff, the Region of Durham Land Division Committee tabled the application to allow Council to make a decision on the associated rezoning application. On June 20, 2022, the applicant withdrew the land division application with the Region. 3. Comments Received 3.1 January 10, 2022 Electronic Statutory Public Meeting An electronic Statutory Public Meeting was held on January 10, 2022. No residents spoke at the meeting, and the City has not received written comments from the public. Key questions/comments raised by members of the Planning & Development Committee at the electronic Statutory Public Meeting related to previous uses on the site; changes to the existing detached dwelling; the condition of the septic system; and traffic on Old Brock Road. Section 4.6 of this report provides a comprehensive list of comments/questions raised by Committee members, and detailed responses to these questions. 3.2 Agency Comments 3.2.1 Region of Durham • the Regional Health Department has no objections to the revised application; • the proposed development does not present any significant impacts from a transportation planning, Durham Region Transit, and Regional Works operational perspective; and • the proposal conforms to the Region of Durham Official Plan. 3.2.2 Enbridge Gas Inc. • Enbridge Gas Inc. does not object to the proposed application, however, has reserved the right to amend their development conditions. 3.3 City Department Comments 3.3.1 Engineering Services • no objections; and • should an applicant propose to redevelop the property in the future for commercial uses, the applicant will be required to provide a road dedication and protection of the existing trees. 3.3.2 Sustainability • no objections; and • given that there is no new development or redevelopment being proposed apart from adding the existing use to the list of permitted uses for the specific zone category, Sustainability has no further comments on this application. - 149 - PLN 41-22 September 6, 2022 Subject: 1023343 Ontario Inc. Page 5 4. Planning Analysis 4.1 The revised proposal conforms to the Oak Ridges Moraine Conservation Plan The Oak Ridges Moraine Conservation Plan (2017) designates the subject property as “Countryside Area – Rural Settlement”. Residential development and minor infilling are permitted within Rural Settlements. The Plan also states that the character of Rural Settlements must be maintained. The revised proposal to permit a detached dwelling on the subject property is in keeping with the surrounding built form, which consists primarily of detached dwellings. The revised proposal conforms to the Oak Ridges Moraine Conservation Plan. 4.2 The revised proposal conforms to the Durham Regional Official Plan The Durham Regional Official Plan (DROP) designates the subject property as “Oak Ridges Moraine Areas – Hamlet”. The DROP states that Hamlets shall consist predominately of single-detached housing. In considering Hamlet development, the following principles should serve to guide the preservation, cultural attributes, and historic heritage of the community: • simplicity of form; • predominance of residential units; • larger lots that accommodate private services; • almost exclusively single detached dwelling form; • few facilities; and • views and vistas of the countryside. To ensure the subject property can accommodate private servicing, the applicant is no longer proposing to sever the lot. The revised proposal, to permit a detached dwelling on the property, conforms to the Durham Regional Official Plan. 4.3 The revised proposal conforms to the Pickering Official Plan The Pickering Official Plan designates the subject property as “Rural Settlements – Oak Ridges Moraine Rural Hamlets”. This designation permits a variety of uses, including residential, employment, commercial, community, cultural, and recreational. The Claremont Settlement Map (Schedule IV – 10 to the City’s Official Plan) designates the subject lands as “Hamlet Commercial”. Permissible uses within the Hamlet Commercial designation include retail, office, business, personal services and employment uses, residential uses, home occupations and community, cultural and recreational uses, including community gardens and farmers’ markets. In addition, the Claremont Settlement policies encourage retail, shopping, office, and other business uses to locate in the hamlet commercial area surrounding Central Street and Brock Road. - 150 - PLN 41-22 September 6, 2022 Subject: 1023343 Ontario Inc. Page 6 The applicant is proposing to permit a detached dwelling on the property, in addition to the various commercial uses that are already permitted. Residential and commercial uses are permitted within both the “Oak Ridges Moraine Rural Hamlets” and “Hamlet Commercial” designations. The proposal will legalize the existing detached dwelling on the lot, while allowing for future opportunities for commercial uses on the site. The revised proposal conforms to the Pickering Official Plan. 4.4 The siting of the existing building is considered to be legal non-conforming Based on records from the Municipal Property Assessment Corporation (MPAC), the building that currently exists on the property was constructed in 1960, which predates the passing of Zoning By-law 3037 on August 3, 1965. However, there are no records indicating that the building has been used solely for residential purposes since that time. As such, the current residential use of the building cannot be granted legal non-conforming status, and therefore an amendment to the zoning by-law is required to permit a detached dwelling. The existing building complies with all zone requirements in the by-law, except the front yard setback. The building is setback 1.1 metres from the front lot line, whereas the by-law requires a minimum front yard setback of 9.0 metres. Given the building was constructed on the property prior to the passing of the by-law, the existing front yard setback condition is granted legal non-conforming status. As such, the draft Zoning By-law Amendment (refer to Appendix I) does not propose to recognize the reduced front yard setback. Accordingly, if the existing dwelling is demolished in the future, any new structure on the property must comply with all existing zone requirements in the by-law. 4.5 An encroachment agreement is required for the existing deck In 2019, the owner at that time constructed an attached deck that wraps around the west, south, and east walls of the dwelling. A small portion of the deck is located beyond the front property line and encroaches onto the Old Brock Road right-of-way (see Figure 2 below). - 151 - PLN 41-22 September 6, 2022 Subject: 1023343 Ontario Inc. Page 7 Figure 2: Portion of deck encroaching onto the Old Brock Road right-of-way Staff are recommending that the draft Zoning By-law Amendment, as set out in Appendix I to this report, be finalized and forwarded to Council for enactment, following the applicant entering into such agreements as may be required by the Region or the City, for the deck encroachment. 4.6 Response to key questions/comments raised by Committee members during the statutory public meeting Below is a summary of key questions/comments raised by Committee members during the statutory public meeting, and the applicant or staff’s response. Question Response Committee members questioned if the subject property contained a commercial use in the past. Based on records from MPAC, the building that currently exists on the property was constructed in 1960. However, there are no records indicating that the building has been used solely for residential purposes since that time. Committee members questioned if the existing building on the subject property would be modified. In 2019, the owner at the time applied for a Building Permit application for interior alterations to the existing building on the property. The permit application is on hold, as a detached dwelling is not currently permitted on the lot. - 152 - PLN 41-22 September 6, 2022 Subject: 1023343 Ontario Inc. Page 8 Question Response Committee members expressed concerns related to the existing septic system on the subject property and the need to ensure the septic is in proper working order. The applicant has indicated that a new septic system will be installed, which will require obtaining permits from the Regional Health Department. Committee members expressed concerns related to the impact a new driveway may have on the existing traffic operation on Old Brock Road. The existing driveway fronting Old Brock Road is to remain and no additional driveways are proposed. 5. Zoning By-law Amendment to be finalized and forwarded to Council for enactment The purpose of the Zoning By-law Amendment is to rezone a portion of the property from ORM-R5 to ORM-C2, and to establish a site-specific exception to permit a detached dwelling on the lot, in addition to the various commercial uses. Staff supports the proposal, and recommends that the draft Zoning By-law Amendment, attached as Appendix I to this report, be finalized and brought before Council for enactment, following the applicant entering into such agreements as may be required by the Region or the City, to address the existing deck encroachment. 6. Applicant’s Comments The applicant has been advised of and concurs with the recommendations of this report. Appendix Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 10/21 Attachments: 1. Location Map 2. Air Photo Map 3. Original Site Plan 4. Revised Site Plan - 153 - PLN 41-22 September 6, 2022 Subject: 1023343 Ontario Inc. Page 9 Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 154 - Appendix I to Report PLN 41-22 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 10/21 - 155 - The Corporation of the City of Pickering Draft By-law No. XXXX/22 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended by By-law 6640/06, to implement the Official Plan of the City of Pickering, Region of Durham, being Lots 9, 10, 14, Part of Lots 13, 15, Plan 43, and Lot 6, Part 1, Plan 12, City of Pickering (A 10/21) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Lots 9, 10, 14, Part of Lots 13, 15, Plan 43, and Lot 6, Part 1, Plan 12, in the City of Pickering to permit a detached dwelling; And whereas an amendment to Zoning By-law 3037, as amended, is deemed necessary to permit such use; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands being Lots 9, 10, 14, Part of Lots 13, 15, Plan 43, and Lot 6, Part 1, Plan 12, in the City of Pickering, designated “ORM-C2-3” on Schedule I to this By-law. 3. Text Amendment 1. Section 9.3.3, Special Conditions is hereby amended by adding the following new subsection following subsection 9.3.3.2, as follows: 9.3.3.3 – ORM-C2-3 a) In addition to the uses permitted within subsection 9.3.1, a detached dwelling shall be permitted on lands zoned “ORM-C2-3”, subject to the provisions of Section 8.5.2. 4. By-law 3037 By-law 3037, as amended by By-law 6640/06, is hereby further amended only to the extend necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. - 156 - By-law No. XXXX/22 Page 2 5. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2022. Draft ________________________________ David Ryan, Mayor Draft ________________________________ Susan Cassel, City Clerk - 157 - Br o c k R o a d Central Street Vi c t o r i a S t r e e t Wellington Street Clerk Mayor Schedule I to By-LawPassed ThisDay of i N XXXX/22XXrd XXXX 2022 ORM-C2-3 47 . 9 m 57.5m 57.5m 47 . 9 m - 158 - Attachment #1 to Report PLN 41-22 Central Street Do w S t r e e t Wi l l i a m S t r e e t B arc lay St re e t Fr a n k l i n S t r e e t Wellington Street Lo r n S t r e e t V ic toria Stree t Li v i n g s t o n S t r e e t A c o r n Lane Ca n s o D r i v e ClaremontMemorial Park ClaremontPublicSchool City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 10/21 Date: Dec. 08, 2021 1023343 Ontario Inc Br o c k R o a d / " O l d B r o c k R o a d " 4973 Brock Road ("Old Brock Road") SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 10-21 - 1023343 Ontario Inc\A10_21_LocationMap.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Broc k R o a d - 159 - Attachment #2 to Report PLN 41-22 Central Street Do w S t r e e t Henry Street David Street Wi l l i a m S t r e e t Joseph Street B arc lay St re e t Fr a n k l i n S t r e e t Wellington Street Lo r n S t r e e t V ic toria Stree t Li v i n g s t o n S t r e e t A c o r n Lane Wi x s o n S t r e e t Ca n s o D r i v e ClaremontPublicSchool Air Photo MapFile:Applicant:Municipal Address:Date: Dec. 08, 2021 SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 10-21 - 1023343 Ontario Inc\A10_21_AirPhoto.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment A 10/211023343 Ontario Inc4973 Brock Road ("Old Brock Road") Broc k R o a d Br o c k R o a d / " O l d B r o c k R o a d " - 160 - Attachment #3 to Report PLN 41-22 Original Site Plan City Development Department July 25, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 10/21 1023343 Ontario Inc.Applicant: Municipal Address: DATE: File No: 4973 Brock Road (”Old Brock Road”) L:\Planning\01-MapFiles\A\2021 N - 161 - Attachment #4 to Report PLN 41-22 L:\Planning\01-MapFiles\A\2021 July 25, 2022DATE: Applicant: Municipal Address: File No: Revised Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 10/21 4973 Brock Road ("Old Brock Road") 1023343 Ontario Inc - 162 - Report to Planning & Development Committee Report Number: PLN 43-22 Date: September 6, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Request for an Amendment to By-law 2091, being a By-law to Designate an area of Subdivision Control over Registered Plans, under the Planning Act -Estate of Norman Keith Ward -1930 Ninth Concession Road -Part of Lots 6 and 7, Plan 424 -File: L-2000 Recommendation: 1.That the request by Kelly Ward, Executor of the Estate of Norman Keith Ward, to amend the By-law 2091, (which deemed the lots within Registered Plan 424 not to be within a registered plan of subdivision for the purposes of conveyance), by deleting the reference to Lots 6 and 7 of Plan 424, such that each parcel may be sold separately, be supported; 2.That the draft amending By-law to amend By-law 2091 be finalized, and forwarded to Council for enactment; 3.That a copy of this Report, Council’s resolution and the By-law to amend By-law 2091, be forwarded to Kelly Ward, and to the Regional Municipality of Durham; and 4.That the appropriate staff of the City of Pickering be authorized to give effect thereto, including removing By-law 2091 from title of the subject lands. Executive Summary: The lands that are the subject of this Report are owned by the Estate of Norman Keith Ward. The lands are located at 1930 Ninth Concession Road (see Location Map, and Air Photo Map, Attachments #1 and #2). This property is legally described as Part of Lots 6 and 7, Plan 424. Plan 424 was registered in 1950 (see Attachment #3). Lot 7 currently supports a detached dwelling and a garage, while Lot 6 is vacant. This Report responds to a request from Mr. Kelly Ward, Executor of the Estate, to have the City of Pickering amend municipal By-law 2091 (see Attachment #6). This By-law currently prevents the Estate’s Executor from selling the two lots that form part of the Estate independently from each other. In support of this request, the Estate Executor retained John McDermott, of McDermott & Associates Limited, a land use planner, to provide a planning rationale for this request. Several meetings were held between Mr. Kelly Ward, Mr. Ward’s solicitor, Mr. McDermott, the City Solicitor and City Staff. Subsequently, Mr. McDermott submitted a planning rationale dated August 22, 2022 (see Planning Rationale Letter, Attachment #5). - 163 - PLN 43-22 September 6, 2022 Subject: Request to Amend By-law 2091 re Part Lots 6 and 7, Plan 424 Page 2 Staff have reviewed the planning rationale and generally concur with its findings and conclusions. Staff concurs that the requested amendment to By-law 2091 represents good planning. Additionally, staff note that under the provisions of Oak Ridges Moraine Conservation Plan, and the City’s Site Plan Control By-law, development of Lot 6 or further development of Lot 7, for a detached dwelling or other structure, may require the approval of plans and drawings under section 41 (4) and (5) of the Planning Act, if the development is proposed within 120 metres of any key natural heritage feature or hydrologically sensitive feature. Staff recommends that Council support the request and that the draft amending By-law, provided as Appendix I to this Report, be finalized and forwarded Council for enactment. Financial Implications: No significant financial implications would result from the approval of this request. Discussion: 1. Applicant’s Request John McDermott, of McDermott & Associates Limited, is a land use planner representing Mr. Kelly Ward, who is the Executor of the Estate of Norman Keith Ward. The Ward Estate includes lands at 1930 Ninth Concession Road (see Location Map, and Air Photo Map, Attachments #1 and #2). This property is legally described as Part of Lots 6 and 7, Plan 424. Plan 424 was registered in 1950 (see Attachment #3). In 1955, the then Township of Pickering adopted By-law 2091 (the “Deeming By-law”), designating all of the Township as an area of subdivision control under the Planning Act. This By-law also had the effect of deeming the lots in Plan 424 (and numerous other plans) not to be within a registered plan of subdivision, for the purpose of selling the lots. It is not clear how Lots 6 and 7 became available to sell from the other Lots in Plan 424 (see Current Parcel Fabric Overlay on Plan 424, Attachment #4). However, in each case that title changed hands, Lots 6 and 7 were purchased by the same owner, and functioned as a single parcel of land. Lot 7 currently supports a dwelling, and a detached garage. Lot 6 currently functions as an amenity area for Lot 7, and is not used for agricultural purposes. The Estate Executor is requesting that municipal By-law 2091 be amended to delete reference to Lots 6 and 7, Plan 424, such that each can be sold separately, and each support a dwelling. 2. Submitted Planning Rationale In support of the request, Mr. McDermott has submitted a planning rationale for supporting the amendment to By-law 2091 (see Planning Rationale Letter, Attachment #5). The Rationale addresses the following: - 164 - PLN 43-22 September 6, 2022 Subject: Request to Amend By-law 2091 re Part Lots 6 and 7, Plan 424 Page 3 •a description and existing use of the subject lands; •the effect of By-law 2091; •the contextual setting; •the current zoning under By-law 3037 as amended; and •concluding remarks. 3.Staff Comments Staff have reviewed the request, and submitted rationale, and generally concur with the comments and conclusions. The lots were legally created in 1950, and, according to the applicant’s solicitor, have not merged on-title. In 1992, the City amended Zoning By-law 3037 to recognize a cluster of smaller, rural residential lots at the northeast corner of the Ninth Concession Road and Sideline 16. This zoning included Lots 1 to 8, and Part of Lot 16, Plan 424. This “CLR4” – Cluster Residential zoning provided for a reduced minimum lot area (4,000 square metres) and a reduced minimum lot frontage (35 metres) compared to the minimum lot area and lot frontage for the “A” – Rural Agricultural Zoning. The Oak Ridges Moraine Conservation Plan (ORMCP) indicates that nothing in the ORMCP prevents the use, erection, or location of a single dwelling if the use, erection, or location would have been permitted by the applicable zoning By-law, and the applicant demonstrates to the extent possible that the use, erection, and location will not adversely affect the integrity of the ORMCP. The zoning of Lots 6 and 7, Plan 424, permitted residential development prior to the enactment of the Oak Ridges Moraine Conservation Act on November 15, 2001. The City of Pickering’s Oak Ridges Moraine Conformity Zoning By-law 6640/09 (the ‘ORMC By-law’) established a separate agricultural zone (“ORM-A-3”) to recognize the Cluster Residential zoning. Lot 6 has a frontage of 37.1 metres and a lot area approximately 5,900 square metres. Lot 7 has a frontage of 33.6 metres and a lot area of approximately 5,370 square metres. However, if the Deeming By-law is amended, the lots would be considered existing lots of record. As set out in section 5.35 of By-law 3037, as amended by the ORMC By-law, lots that were legally created prior to the passing of the By-law may be used, and a building or structure may be constructed, altered, or used on a lot having a lesser lot area and/or a lesser lot frontage than required by this By-law. Thus, Lot 6 would be able to obtain a building permit. Should Council amend the Deeming By-law, as requested, the development of Lot 6, or further development of Lot 7, may be subject to site plan approval prior to the issuance of a building permit. The City’s Site Plan Control By-law indicates that approval of plans and drawings under section 41 (4) and (5) of the Planning Act shall be required if the development is proposed within 120 metres of any key natural heritage feature of hydrologically sensitive feature. - 165 - PLN 43-22 September 6, 2022 Subject: Request to Amend By-law 2091 re Part Lots 6 and 7, Plan 424 Page 4 While the City’s Official Plan, Schedule IIIB, does identify Significant Woodlands on Lot 6, they appear to be plantings along the outer property boundary and for privacy screening. The first step to determining if Site Plan Approval is required would be to have a qualified expert undertake an examination of the vegetation on site to determine if it meets the definition of Significant Woodland under ORMCP. A notation to this effect will be included on the City’s property data system. 4.Conclusion It is recommended that Council amend By-law 2091 to delete Lots 6 and 7, Plan 424, from Deeming By-law 2091, and that draft amending By-law provided as Appendix I to this Report be finalized and forwarded to Council for enactment. Appendix: Appendix I – Draft Amending By-law Attachments: 1. Location Map 2.Air Photo Map 3.Plan 424 4.Current Parcel Fabric Overlay of Plan 424 5.Planning Rationale Letter 6.By-law 2091 - 166 - PLN 43-22 September 6, 2022 Subject: Request to Amend By-law 2091 re Part Lots 6 and 7, Plan 424 Page 5 Prepared By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Approved/Endorsed By: Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Original Signed By Paul Bigioni Director, Corporate Services & City Solicitor CR:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 167 - Appendix I to Report PLN 43-22 Draft Amending By-law - 168 - The Corporation of the City of Pickering Draft By-law No. XXXX/22 Being a by-law to repeal Section 2 of By-law 2091, as otherwise amended, insofar as it applies to Lots 6 & 7 of Registered Plan 424 described as forming Part of Lot 16, Concession 9, in the former Township of Pickering, now in the City of Pickering Whereas pursuant to Section 24 of the Planning Act, R.S.O, 1950, c. 277, a predecessor of Section 50(4) of the Planning Act, R.S.O. 1990, c. P. 13 as amended; the Council of the Corporation of the Township of Pickering enacted By-law 2091 on May 9, 1955; Whereas the By-law was effective to deem certain lands, inclusive of Lots 6 and 7 of Plan 424, located adjacent the northerly limits of Regional Road 5, in Part of Lot 16 of Concession 9, of the City of Pickering, not to be part of a registered plan for the purposes of the sale and conveyance of the lands in accordance with Section 24(1) of the Planning Act, R.S.O. 1950, c. 277, now Section 50(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended; Whereas the Council of the City of Pickering has received a request to amend By-law 2091, insofar as is necessary to recognize Lots 6 and 7 of Plan 424, as separate and distinct Lots within a plan of subdivision that may be conveyed in accordance with Section 50(3) of the Planning Act, R.S.O. 1990, c. p13, as amended; Whereas the Council of the City of Pickering recognizes that Lots 6 and 7 of Plan 424 now front upon Regional Road 5, an improved public road under the jurisdiction of the Region of Durham, that the use of Lots 6 and 7 for the purposes of single detached dwellings in accordance with the provisions of By-law 3037, as amended, is both reasonable and appropriate, and, that amendment of Section 2 of By-law 2091, insofar as is necessary to delete reference to Lots 6 and 7 of Plan 424, will not adversely impact upon the fiscal resources of the City of Pickering; Whereas the Council of the City of Pickering has the authority to amend By-law 2091 insofar as is necessary to recognize the lands described as Lots 6 and 7 of Plan 424, as deposited in the Registry Office on February 6, 1950, as lots within a registered plan of subdivision which may be conveyed in accordance with the provisions of Section 50(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Section 2 of By-law 2091, enacted by the Council of the former Corporation of the Township of Pickering on May 9, 1955, is hereby repealed only insofar as is necessary to delete reference to Lots 6 and 7 of Plan 424. 2. That this By-law shall come into force on the date of passing by the Council of the Corporation of the City of Pickering. - 169 - By-law No. XXXX/XX Page 2 By-law passed this XX day of XXXX, 20XX. ________________________________ ________________________________ Draft David Ryan, Mayor Draft Susan Cassel, City Clerk - 170 - Attachment #1 to Report PLN 43-22 Ninth Concession Road Si d e l i n e 1 6 Location MapFile:Applicant:Legal Description: Deeming By-law 2091 Date: Aug. 18, 2022 ¯ E Kelly WardPart of Lots 6 and 7, Plan 424 SubjectLands 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment 1930 Ninth Concession Rd. - 171 - Attachment #2 to Report PLN 43-22 Br o c k R o a d Ninth Concession Road Si d e l i n e 1 6 Air Photo MapFile:Applicant:Legal Description: Deeming By-law 2091 Date: Aug. 18, 2022 ¯ E Kelly WardPart of Lots 6 and 7, Plan 424 SubjectLands 1:5,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment 1930 Ninth Concession Road - 172 - Attachment #3 to Report PLN 43-22 Plan 424 City Development Department July 29, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Deeming By-law 2091 Kelly WardApplicant: Municipal Address: DATE: File No: 1930 Ninth Concession Road Part of Lots 6 and 7, Plan 424 Subject Lands N - 173 - Attachment #4 to Report PLN 43-22 Ninth Concession Road Si d e l i n e 1 6 Plan and Parcel MapFile:Applicant:Legal Description: Deeming By-law 2091 Date: Aug. 18, 2022 ¯ Kelly WardPart of Lots 6 and 7, Plan 424 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment 1930 Ninth Concession Rd. Subject Lands Current Parcel Fabric - 174 - Attachment #5 to Report PLN 43-22 - 175 - - 176 - - 177 - - 178 - - 179 - - 180 - Appendix "A" - 181 - Appendix "B" - 182 - Appendix "C1" - 183 - Appendix "C2" - 184 - 26392 0 1 3 2 26392 0 1 3 1 26392 0 1 2 9 26392 0 1 3 0 26392 0 1 2 5 26392 0 1 2 4 26392 0 1 2 6 26392 0 1 2 7 26392 0 1 2 8 26392 0 1 2 3 PROPERTY BOUNDARY CONFIGURATIONS RELATIVE TO REGISTERED PLAN 424 5115 5055 SI D E L I N E R O A D 1 6 5045 5035 5025 1930 19401910 1920 REGIONAL ROAD No. 5 ROAD WIDENING EXPROPRIATION 1972 LEGEND 263920129 1930 REGISTERED PLAN No. 424 TERANET PARCEL MAPPING, SEPTEMBER, 2021 PROPERTY IDENTIFICATION NUMBER MUNICIPAL ADDRESS NUMBER NOTE: SOURCE: IMAGES DO NOT ALIGN DUE TO DISTORTION UPON SCANNING. REFER TO APPENDIX B FOR ACCURATE DESCRIPTION OF LOTS 6 & 7 OF PLAN 424. (1) TERANET PARCEL MAPPING FIRST BASE SOLUTIONS (2) SCANNED IMAGE OF ORIGINAL COPY OF REGISTERED PLAN No. 424 APPENDIXLOTS 6 & 7, REGISTERED PLAN 424 PICKERING, ONTARIO "D"P/N 5212 - 185 - Appendix "E" CORPORATION OF THE CITY OF PICKERING BY-LAW NO. ............ Being A By-Law To Repeal Part Two of By-law No. 2091, As Otherwise Amended, Insofar As It Applies To Lots 6 & 7 Of Registered Plan No. 424 Described As Forming Part Of Lot 16, Concession 9, In The Former Township of Pickering, Now In The City of Pickering WHEREAS, pursuant to Section 24 of the Planning Act, R.S.O, 1950, c. 277, a predecessor of Section 50(4) of the Planning Act, R.S.O. 1990, c. P. 13 as amended; the Council of the Corporation of the Township of Pickering enacted By-law No. 2091 on May 9, 1955; AND WHEREAS the By-law was effective to deem certain lands, inclusive of Lots 6 and 7 of Plan No. 424, located adjacent the northerly limits of Regional Road No. 5, in Part of Lot 16 of Concession 9, of the City of Pickering, not to be part of a registered plan for the purposes of the sale and conveyance of the lands in accordance with Section 24(1) of the Planning Act, R.S.O. 1950, c. 277, now Section 50(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended; AND WHEREAS the Council of the City of Pickering has received a request to amend By-law No. 2091, insofar as is necessary to recognize Lots 6 and 7 of Plan No. 424, as separate and distinct Lots within a plan of subdivision that may be conveyed in accordance with Section 50(3) of the Planning Act, R.S.O. 1990, c. p13, as amended; AND WHEREAS the Council of the City of Pickering recognizes that Lots 6 and 7 of Plan No. 424 now front upon Regional Road No. 5, an improved public road under the jurisdiction of the Region of Durham, that the use of Lots 6 and 7 for the purposes of single detached dwellings in accordance with the provisions of By-law No. 3037, as amended, is both reasonable and appropriate, and, that amendment of Section 2 of By-law No. 2091, insofar as is necessary to delete reference to Lots 6 and 7 of Plan 424, will not adversely impact upon the fiscal resources of the City of Pickering; AND WHEREAS the Council of the City of Pickering has the authority to amend By-law No. 2091 insofar as is necessary to recognize the lands described as Lots 6 and 7 of Plan No. 424, as deposited in the Registry Office on February 6, 1950, as lots within a registered plan of subdivision which may be conveyed in accordance with the provisions of Section 50(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended; - 186 - -2- NOW THEREFORE the Council of the Corporation of the City of Pickering Hereby Enacts as follows, namely: 1. That Section 2 of By-law No. 2091, enacted by the Council of the former Corporation of the Township of Pickering on May 9, 1955, is hereby repealed only insofar as is necessary to delete reference to Lots 6 and 7 of Plan 424. 2. THAT this By-law shall come into force on the date of passing by the Council of the Corporation of the City of Pickering. THIS BY-LAW READ A FIRST AND SECOND TIME this ..........day of ......................., 2022. THIS BY-LAW READ A THIRD TIME and finally passed this ......... day of ....................., 2022. Mayor ...................................................................... Clerk ...................................................................... - 187 - Attachment #6 to Report PLN 43-22 NUMBER 2 0 ABYY -LAW 9 1 3Y-LAW TO DESIGNATE AN AREA OF SUBDIVISION CONTROL OVER REGIS- TERED PLANS. WHEREAS Section 24 of The Planning Act provides as follows: 24. (1) The Council may by By-Law designate any area within Municipality as an area of subdivision controlthe and thereupon no person shall convey land in the by way of a deedarea or transfer on any sale or enter into an agreement of sale and purchase or enter into any agreement that has the effect granting the use of or right in the land directly or byof en-t.to renewal for period of 21 ears oritler?ent a more,a)Unless the land is described in accordance with and is within a registered plan of subdivision, but the Council may, in the By-Law, designate land which although within a registered plan of subdivision shall be deemed not to be within a registered plan of subdivision for the pur-poses of this subsection; b)Unless the land is ten acres or more in area and the remnant, if any, remaining in the vendor is also ten acres or more in area;c)Unless the land is the whole part remaining the person one parcel described atoof in registered convey-toance him; or d)Unless the consent,i)of the Planning Board of the area in which the land lies, or ii)where the land lies in pore than one planning area,of the Planning Board designated by the Minister from time, to time, or iii)where there is no planning board, of the Minister,isgiven. S.O. c.277,S.24(1);1953,R. 1950, c.80 s.e ( 1,2).la)TheBy-Law '•na,y provide that where land is described in accordance awith and is,a)within registered plan of subdivision; or a plan ofb)within registered subdivision, or a part thereof, designated in the By-Law,no person shall convey a part of any lot or block of the land by way of or transfer on anydeed sale, or enter an of saleinto agreement and purchase, or enter into any agreement that effect of grantinghas the the use of or right in the land directly or by entitlement to renewal for a period of twenty-one years or more unless a consent thereto is given in the manner provided in Clause Dof 1954,subsection1. c. 71, s.10(1).2)At least two, or manyas as may be required, certified copies the By-Law shall beof the wherelodged in office of the Minister they shall be available for public spection duringin-office hours, and registered in the proper registry office where they be made availableto productions. R.shell the public as S.O. - 188 - 2 of subdivision is deemed2a) Where land within a registered plan under the By-Law not to be within a registered plan of subdiv-ision, the clerk of the municipality shall, within ten days after the By-Law is passed, send notice of the passing Law by registered mail to the last-of the By- each person appearing by the last revised assessment known address of roll to be the owner of any ofsuch land.1952, c.750 s.9.2b)Where the By-Law the clerk of the municipalitycontains provisions authorized by subsection la, shall, within ten after the By-Law is passed, send noticedays registered mailpassing of the By-Law by toof the the last " known address of each person appearing by the last land withinrevised assessment roll to be the owner of any registered plan of subdivision, or within any part of a registered plan of subdivision,to whichsuch provisions area is designatedapply. 1954, c.711 s.10 (2).3)When an shall alteredas an area of subdivision control it not be or who contravenesdissolved without the approval of the Minister.4)Every person this section shall be guilty of an offence and on summary conviction shall liable toa not more 500. 00.be penaltyof than $ R.S. O. 1950, c.2771 s.24 (304);n AND WHEREAS on the 24th day of January, 1949,Council passed By-Law rCl Nunber 1771 providing for control of all lands within thethe Township of Pickering not registered by Plan; NOW THEREFORE, the Corporation ofCouncil of the Township Pickering hereby ENACTS AS FOLLOWS: 1.The following describedof area is hereby designated as an area of subdivision control to known as Area of Subdivision Control No. 2,inbe 35)accordance with 270section 250 274 275 PortUnion 5,Lot 19) Municipal, Brougham 5, 28224 276 283 284 Lot 18)'It it 6, 6, Lot 191 Con. 1 Lot 18) "It Con.19 1 58 19 ) "9,Lots 17- Con. 5 Con. 18) "Claremont 8,1 25of 1 Con.1 Lot 18) "it 9, Con.48 1 6 Lot 19) It 41 Whitev 1Con. 40 Con. Lots 31-32) 80the 1 Con.1 ale ( Rear)5,Lots 31-32 Con.78 7 65 It Front)8, Lot 18) 1Planning Con. 22 Con. Spears Plan Claremont 90 Lot 18) 23Act: 1 Con. 1 Jobbitt " It 91 Lot 17- Con.Plan 28 1 to 18 Tracey "It 90 Lot 1Lots 164 to 16 18 ( Palmer) A.B. 5 1 to 35 C.A.B. 10 1 to 19 12 1 to 54 21 1 to 28 43 1 to 48 C.D. 93 1 to 66 1 to 48 E.G.F.F.C.94 96 1 to 30 G. 189 118 to 167 221 1 to 39 228 1 to 12 H.A.B. 230 1 to 25 C.M.A.- 233 5 1 to 237 27 7 Block B. Incl.J.K. 239 F. R.l,Lot L.A.It.B. C.G.D.H.E.F. - 189 - Lots3 -Plan 20285 67 181-Block _B.A.to 138, except 87, and including 74B &75B 299 70 C.B.2240 283 to 323, Pt.L.64 to 69, Pt. Lots to 118. Pt. L.119 to 126 311 1 to 71 316 1 to 61 319 D.C.B.A.K. &1 to 162 320 1 to 157 324 L.A.B. 29 to 55 329 1 to 28 330 1 to 10 331 1 to 141 342. C. A.345 1 to 328 346 1-2-350 1 to 128 353 3355 1 to 65 360 1 to 21 363 1 to 18 364 1 to 19 372 1 to 373 342 1-?- 1 to 29 377 1 to 163 380 1 to 23 386 1 to 5 388 1 to 3 389 1 to 8 392 1 to 17 ( pt. 372) 395 1 to 14 ( pt. 350) 399 1 to 6 (pt. 350) 401 1 to 15 404 1 to 15 406 1 to 60 407 1-2-3-4- 2 to 25 410 5 1 to 32 412 1 to 6 (pt. 350) 417 1 to 14 418 60 to 77 422 C.E.toA. 1 to 40 423 A.F.incl.K. 1 to 9 424 1 to 21 432 1 to 12 434 1 to 35 435 1 to 5 440 1 to 22 456 1 to 6 459 1 to 9 469 1 to 15 473 1 to 26 492 L.M. 1 to 91 489 1 to 24 505 1 to 13 505 1 to 6 507 1 to 24 509 2 to 50 521 1 to 34 525 1 to 59 530 N. A.B.D.C.A. 1 to 16 538 1 to 49 555 1 to 7 558 1 to 12 559 1 to 8 578 566 B.A. 1 to 7 585 1-1A-2 to 10 594 1 to - 190 - C. 4 2. The following described land within Area of Subdivision Control aNunber 2 is hereby designated as land which although within shall be deemed not to be within aregistered plan of subdivision for the of subsection 1registered plan of subdivision purposes h, of sac`,ion 24 of The Plannin; Act, BlockPlan Lots 191 Cor_.1 Lot18)6,Lot 18) n n 6, Con.19 1 5C Lot 19)9,Lots 17- 1Con. 5 Con. 18) " Claremont 8, 9, Lot 251 Con, 1 Lot 18) "It Con,48 1 6 19) n n 1Con. 40 Con. 4, Lots 31-32) 801 Con. 1 Rear) 5, LotsWhitevale ( front) 82 Con,78 7 55 31-32 It ( 1Con. 22 Con. Lot 18)Spears Plan,Claremont Jobbitt " 231 Con. 1 9, Lot 18) it Con.28 1 to 9, Lot 17-18)Tracey " It 1164 to 16 9, Lot 18) Palner " It to1 35 1 A.B ^A.B. C. 19 C.to 1 to 3. E.F.G_ 54 1 to 28537 28 1 to 48 1 to 66 1 to 48 1 to to138, 30 116 to 167 1 to 74Bexceptand870including 39 1 to and 12 1 to 25 r 1 to 27 7 J.K.L. B. F. R. M.A.B. 1, Lot 35) Pt. Union 51 Lot C.D.E. 19) Municipal, Brougham 5, F.G. H.8, C.B.A.L.B.D.X. & 75D 299 181-224, 283 to 323, Pt.L. A.B. 64 to 692 pt.Lots 70 to 118. Pt. L.119 to 128 C.A. 311 1 to 71 316 1 to 61 319 1 to 162 320 1 to 157 324 2. 9 to 55 1-2-2-31- 2S 1 to 28 31-2- 33© 1to 10 33i 1 to 141 342 345 1 to 328 Ic 50 1 to 3- 128 4-•° X53 335 1 to 65 C. C 1 to 21 1-E. 2 1 to 18 364 1 to 19 3 12, 1 to 42 3. 73 1 to 29 77 1 to 3921 163 -3La0 1 to 26 388385 1 to 5 1 to 3 389 1 to 8 F. G. H.A.B. C. A.-P4 incl. to 17 (pt. 372) 1395 to 14 ( pt. 350) 399 1 to 6 (pt. 350) - 191 - Lots5 -Plan. Block 401 1 to 15 404 1 to 15 406 1 to 60 407 2 to 25 A. to F. Inc 410 1 to 32 A. 412 1 to 6 ( pt. 350) 417 1 to 14 418 60 to 77 422 1 to 40 K. L. M.423N.1 to 9 A. B. C.424D.1 to 21 432 1 to 12 434 1 to 38 435 1 to 5 440 1 to 22 456 1 to 5 459 1 to 9 45, 9 1to 15 473 1 to 26 492 1 to 91 A. B. 48S1 to 24 505 1 to 13 5013 1 to S 507 1 to 24 509 2 to 60 521 1 to 34 525 1 to 59 -A. to L. M. N. 5301to 18 Incl. 538 1 to 49 555 1 to 7 558 1 to 12 559 1 to 8 578 566 1 to 7 A. B. 585 1-1A- 2 to 10 1. 5941 to 20 G 3. This By-receives shall come into force Law reading. on and take effect third the day that it BY- LAW read a First and Second time this 9 _t day of 1855 BY-UW read a Third tine and PASSED this 9 f y da o 1955 ReeveT?FtOVED_ yT' Y/ 7 1955 Y1 - 192 -