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HomeMy WebLinkAboutPLN 17-26 Report to Council Report Number: PLN 17-26 Date: June 22, 2026 From: Kyle Bentley Director, City Development & CBO Subject: Implementation of Minutes of Settlement - Reimbursement to CPC II Management Inc. Draft Plan of Subdivision SP-2017-05 Block 54, Plan 40M-1498 1520 Notion Road Recommendation: 1. That Report PLN 17-26 regarding the Implementation of Minutes of Settlement - Reimbursement to CPC II Management Inc., be received; 2. That Council approve the reimbursement to CPC II Management Inc., in the amount of $397,260.44 (HST included) or $357,745.33 (Net HST) to be charged to account 502230.11100 for eligible costs incurred in accordance with the executed Minutes of Settlement, dated February 26, 2020, related to the development of 1520 Notion Road; and, 3. That the appropriate officials of the City of Pickering be authorized to take the actions necessary to implement the recommendations in this report. 1.0 Executive Summary: The purpose of this report is to obtain Council approval to reimburse CPC II Management Inc. in the amount of $397,260.44 (HST included) for eligible costs incurred in accordance with the executed Minutes of Settlement related to the development of 1520 Notion Road. The Minutes of Settlement resolved the LPAT (now OLT) appeals and established the City’s obligation to reimburse CPC II Management Inc. for certain costs associated with noise mitigation, flood assessment, and wetland compensation arising from the Highway 401 Overpass project, connecting Notion Road to Squires Beach Road. CPC II Management Inc. has completed the required studies and technical work as part of the subdivision approval process and has submitted supporting documentation for reimbursement. PLN 17-26 June 22, 2026 Page 2 Staff have reviewed the submitted documentation and confirmed that the cost were incurred in accordance with the Minutes of Settlement and fall within the City’s financial obligations. Staff therefore recommend that Council approve the requested reimbursement. 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community; and Strengthen Existing & Build New Partnerships. 3.0 Financial Implications: The total reimbursement amount of $397,260.44 (HST included) will be funded from the General Government Budget account purchased services (502230.11100). 4.0 Discussion: The purpose of this report is to obtain Council’s approval to reimburse CPC II Management Inc. for eligible costs incurred in relation to noise mitigation, flood assessment, and wetland compensation matters, in accordance with the executed Minutes of Settlement for the development of 1520 Notion Road. 4.1 Background In September 2017, CPC II Management Inc. (“CPC”) submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment for the westerly portion of the property municipally known as 1520 Notion Road, to permit a residential subdivision consisting of 9 lots for detached dwellings fronting onto the east side of Marshcourt Drive. CPC also owned the easterly portion of the subject lands and, in May 2018, submitted an application for site plan approval to permit the development of a commercial plaza on those lands. On May 29, 2018, CPC appealed the Draft Plan of Subdivision and Zoning By-law Amendment application to the Local Planning Appeal Tribunal (“LPAT”), currently known as the Ontario Land Tribunal, on the basis that the City did not make a decision within the timelines prescribed by the Planning Act. These appeals remained before the LPAT while the City and CPC continued discussions regarding the impact of the proposed Highway 401 Overpass project on the subject lands. Through these discussions, City staff and CPC worked collaboratively to address outstanding issues related to the overpass project and the proposed development. This process resulted in the execution of formal Minutes of Settlement (“MoS”) between the City and CPC to resolve the appeals and establish the framework for future development and associated obligations. PLN 17-26 June 22, 2026 Page 3 4.2 Minutes of Settlement terms and LPAT Approval The executed MoS established the basis for resolving the LPAT appeals and addressing technical and financial matters from the Highway 401 Overpass project. Key provisions of the MoS include: • City support for a revised draft plan of subdivision consisting of 7 lots for detached dwellings; • City support for the implementing site-specific zoning by-law amendment require to facilitate the development; • The transfer of lands from CPC to the City to accommodate the future Highway 401 Overpass project, with compensation to be determined in accordance with the MoS; • City responsibility for costs associated with preparing the reference plan and transferring the conveyance land; • City reimbursement of reasonable costs incurred by CPC after execution of the MoS related to studying, assessing or mitigating noise, where such work is required by or requested by the City and the Region of Durham; • City reimbursement of reasonable costs incurred by CPC related to studying or assessing flooding, including the preparation of flood studies required to support the development; • City responsibility for studies or assessments relating to wetland compensation, including reimbursement to CPC for reasonable costs incurred in connection with such work; and, • Provision of a temporary easement over the conveyed lands to facilitate access, site preparation, and construction staging for the residential development. The LPAT considered the settlement at a hearing held on February 10, 2020, and issued its decision on February 26, 2020. The Tribunal approved the revised draft plan of subdivision and the zoning by-law amendment and authorized the City to clear conditions and administer final approval of the subdivision. 4.3 Reimbursement of Eligible Costs Following the LPAT decision, CPC proceeded with the development in accordance with the approved draft plan of subdivision and associated conditions of draft plan approval. This included obtaining approval of detailed engineering drawings, entering into a subdivision agreement with the City, providing the required financial securities, and satisfying the conditions necessary for registration of the plan of subdivision. The draft plan conditions required CPC to complete various technical studies and implement mitigation measures, including those related to noise attenuation and flood risk, in consultation with the Region of Durham and Toronto and Region Conservation Authority (TRCA). Under the terms of the MoS, the City is required to reimburse CPC for reasonable costs incurred after execution of the MoS in relation to noise and flooding studies and mitigation PLN 17-26 June 22, 2026 Page 4 measures, and to assume responsibility for wetland compensation-related studies and associated costs. CPC has submitted supporting documentation to the City outlining cost incurred in relation to these obligations. Staff have reviewed the submitted materials and are satisfied that $397,260.44 of the total costs of $448,310.44 identified by CPC: • were incurred following execution of the MoS; • related to works required or requested by the City; Region, or TRCA; and, • fall within the scope of the City’s reimbursement obligations under the MoS. Based on this review, CPC is requesting reimbursement in the total amount of $397,260.44. Staff are satisfied that the request amount is reasonable and consistent with the City’s obligation under the MoS. 5.0 Conclusion: The executed MoS establish the City’s obligation to reimburse CPC for specific costs related to noise mitigation, flood studies, and wetland compensation associated with the Notion Road Overpass project. CPC has completed the required work and provided supporting documentation confirming that costs were incurred in accordance with the MoS. Staff have reviewed the submission and are satisfied that the amount of $397,260.44 is eligible and reasonable. Staff therefore recommend that Council approve the reimbursement of $397,260.44 (HST included) to CPC II Management Inc. Attachment: None Prepared By: Nilesh Surti, Division Head, Development Review & Urban Design Approved/Endorsed By: Kyle Bentley, Director, City Development & CBO Approved/Endorsed By: Paul Bigioni, Director, Corporate Services & City Solicitor Approved/Endorsed By: Stan Karwowski, Director, Finance & Treasurer NS:ld PLN 17-26 June 22, 2026 Page 5 Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer