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HomeMy WebLinkAboutPLN 03-23Report to Planning & Development Committee Report Number: PLN 03-23 Date: February 6, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP-2022-02 Zoning By-law Amendment Application A 04/22 Caplink Limited Part Lots 27 and 28, Concession 5 Seaton Community Recommendation: 1. That Draft Plan of Subdivision Application SP-2022-02, submitted by Caplink Limited, on lands being Part Lots 27 and 28, Concession 5, within the Pickering Innovation Corridor, to establish a plan of subdivision consisting of 4 blocks for employment uses, and blocks for stormwater management facility, natural heritage system, road widening, and a new municipal road, as shown on Attachment #4 to Report PLN 03-23, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and 2. That Zoning By-law Amendment Application A 04/22, submitted by Caplink Limited, to implement Draft Plan of Subdivision SP-2022-02 and permit a food manufacturing campus on lands being Part Lots 27 and 28, Concession 5, be approved, and that the draft Zoning By-law Amendment as set out in Appendix II to Report PLN 03-23, be finalized and forwarded to Council for enactment. Executive Summary: Caplink Limited (FGF Brands) is a food manufacturing business, and is in the process of acquiring approximately 66 hectares of land in the Pickering Innovation Corridor Neighbourhood in Seaton, for a manufacturing campus to be developed in phases. Caplink Limited has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment for the first phase of the lands, to permit a food manufacturing facility consisting of 3 manufacturing plants and a distribution centre, and proposing an overall gross floor area of approximately 94,889 square metres (1,021,377 square feet). The applicant also proposes to relocate and repurpose the existing heritage structure for a learning studio/office use. The proposal for a new large scale industrial use within an employment area in the Pickering Innovation Corridor is appropriate, represents a logical and orderly development of the site, represents good planning, and is consistent with the Pickering Official Plan and the Pickering Innovation Corridor policies. Accordingly, staff recommend that Council approve the Draft Plan of Subdivision Application SP-2022-02, and endorse the implementing conditions of approval, as set out in Appendix I. It is also recommended that Zoning By-law Amendment Application A 04/22 be approved, and the draft zoning by-law, as set out in Appendix II, be finalized and forwarded to Council for enactment. PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 2 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 Caplink Limited (FGF Brands) is in the process of acquiring approximately 66 hectares of land in the Pickering Innovation Corridor, within the Seaton Community, for a food manufacturing campus proposed to be developed in phases. The lands are located on the south of Highway 7, east of North Road, north of Highway 407, and west of Whites Road (see Location Map, Attachment #1). The lands subject to these applications are within the first phase, are located at the southeast corner of Highway 7 and Whites Road, and are municipally known as 745 and 815 Highway 7 (see Air Photo Map, Attachment #2). The lands comprise two properties, having a combined area of approximately 26 hectares, with frontages along Highway 7 and Whites Road. Surrounding land uses include: North: Across Highway 7, are rural lands owned by the Federal Government for a potential 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 Highway 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, which are approximately 40 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. 1.2 Applicant’s Original Proposal Caplink Limited submitted applications for a Draft Plan of Subdivision and a Zoning By-law Amendment to facilitate a food manufacturing facility located within the first phase of the lands. The applicant’s original proposal consisted of 4 manufacturing plants and a distribution centre, with an overall gross floor area of approximately 96,869 square metres. The original draft plan of subdivision proposed the creation of 7 blocks, consisting of 4 employment blocks, a natural heritage block, a stormwater management block, and a PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 3 road widening block (see Original Draft Plan of Subdivision, Attachment #3). Vehicular access to the lands was proposed from a new signalized intersection from Highway 7, approximately 250 metres west of the Whites Road and Highway 7 intersection. A new municipal road is proposed, providing municipal frontage and vehicle access for each block, and proposed to terminate at the west end of the site with a cul-de-sac. The applicant also proposed to relocate and repurpose the existing heritage structure located at 815 Highway 7 for a learning studio/office use. 1.3 Applicant’s Revised Proposal In response to comments received from the City and various agencies, and after further reviewing their business operation, the applicant has made the following revisions to their proposal: • consolidated 2 manufacturing plants into one building, reducing the number of manufacturing plants from 4 to 3 (maintaining one distribution plant), resulting in a slight reduction in the overall gross floor area of approximately 96,869 square metres to 94,889 square metres (a reduction of approximately 1,980 square metres); • revised the configuration of the internal public road to serve the subject plan and future employment lands located in phase 2, as illustrated on Attachment #5, Conceptual Road Pattern and generally described below: • extended Street B west to Phase 2 lands, resulting in the removal of the cul-de-sac at the westerly limits of the plan; • redesigned the intersection at Highway 7 and Street A and introduced a right-in/right-out intersection; and • introduced a full-moves signalized intersection at Highway 7 and a future north-south road within phase 2 lands. The table below provides revised draft plan of subdivision and proposed use details: Blocks Land Use Land Area Floor Area Block 1 Employment Use 5.75 ha Building 1 Manufacturing: 23,905 square metres Office: 2,668 square metres Net Floor Area Total: 26,573 square metres Block 2 Employment Use 6.63 ha Building 2 Distribution/Warehouse: 12,598 square metres Office: 832 square metres Net Floor Area Total: 13,430 square metres Block 3 Employment Use 5.13 ha Building 3 Manufacturing: 15,784 square metres Office: 2,300 square metres Net Floor Area Total: 18,084 square metres PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 4 Blocks Land Use Land Area Floor Area Block 4 Employment Use 4.83 ha Building 4 Manufacturing Plant: 21,429 square metres Office: 2,269 square metres Building 5 Learning Studio/Office: 385 square metres Net Floor Area Total (Buildings 4 and 5): 24,083 square metres Block 5 Natural Heritage System 1.16 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 Net Floor Area Total: 82,170 square metres Gross Floor Area Total: 94,889 square metres (1,021,377 square feet) The above changes are illustrated in Attachments #4 and #6, Revised Draft Plan of Subdivision and Revised Site Plan. Applications for site plan approval for Buildings 1, 2 and 3 have been submitted and are currently under review. On January 16, 2023, the City received a site plan application for Building 4 and the Learning Studio. A sample coloured rendering of a manufacturing plant is illustrated on Attachment #7. 2. Comments Received 2.1 September 6, 2022 Hybrid Electronic Statutory Public Meeting On September 6, 2022, a Statutory Public Meeting was held to consider the original proposal. Members of the Planning & Development Committee raised the following key comments and questions: • requested clarification that this proposal encompassed only phase 1 of the development; • requested clarification regarding the amount of the proposed gross floor area of phase 1; • requested the type and number of jobs the proposed development is anticipated to create; PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 5 • asked if discussions were ongoing with Infrastructure Ontario and the Ministry of Transportation regarding the design of the proposed road connection to Highway 7; • requested information regarding the anticipated timeline of when the proposed development would be completed; • requested information regarding the anticipated sustainable and green components proposed; • asked whether the proposed number of electric vehicle charging stations, and cycling facilities are proposed on-site, and whether it was adequate to meet anticipated future demands; • given the City’s active efforts to attract a High-Frequency Rail station in proximity to the proposed development, asked whether the applicant could help to support the City’s efforts in this regard; • asked whether the applicant intends to enhance the watercourses through the comprehensive landscape and buffer enhancement plans, given the natural heritage systems on the subject lands; • requested information on the proposed preservation of the Percy House, dismantling of the associated farm and silo buildings, and the material salvaging process; • requested information on the process for the demolition of the non-heritage house located at 745 Highway 7; • asked if the proposed widening of Highway 7 would take place in Phase 1 or Phase 2 of the proposed development; and • requested staff to provide quantifiable information pertaining to the anticipated positive impacts this proposed facility would have on the City’s non-residential tax revenue when the recommendation report is brought back before the Committee. 2.2 Agency Comments 2.2.1 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; • the proposal is consistent with the Provincial Policy Statement; • the proposed applications conform to the Durham Region Official Plan; • discussions to the Region’s Infrastructure Front Ending Agreement are ongoing to modify the limits of the Seaton Phase 1 lands, to expand the Phase 1 Prestige Employment lands to accommodate this plan of subdivision; • the property will be located within Zone 5 Water Pressure District of the water supply system for Pickering; the Zone 5 water pumping station is not yet operational, but is expected to be ready well in advance of the implementation of the development; • water supply will be available from the newly constructed feeder main on the east side of Whites Road; • sanitary servicing is currently available from the newly constructed sanitary sewer along Whites Road to the east of the subject property; and • 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 consider implementing traffic demand management strategies to reduce trip generation. PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 6 2.2.2 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; • technical matters can be addressed through the implementation of the conditions of approval and site plan approval process; and • further comments with respect to additional requirements are discussed in Section 3.4 of this report. 2.2.3 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; • MTO requires that, prior to the City granting occupancy for the first building within this plan, the required municipal roads and intersections with the future lands shall be substantially designed, constructed and operational to the satisfaction of the City and the MTO; • technical matters can be addressed through the implementation of the conditions of draft plan of subdivision approval and site plan approval; and • further comments with respect to internal public road are discussed in Section 3.3 of this report. 2.3 Comments from City Departments 2.3.1 Engineering Services • no objection to the approval of the zoning by-law amendment and draft plan of subdivision subject to conditions of approval; and • detailed design matters, such as the provision of installation of roads, services, detailed grading and drainage, stormwater management, construction management/erosion sediment control, site servicing, detailed right-of-way design, easements, fencing details, and street planting with be further reviewed through conditions of draft plan of subdivision approval and site plan approval. 2.3.2 Sustainability The City’s Sustainability staff have reviewed the Sustainable Development Report/Checklist, prepared by The Biglieri Group Limited, dated June 8, 2022. The applicant has noted the proposal would achieve a total of 42 points (Level 3), which exceeds the minimum Level 1 (19 points) required, which will be confirmed and implemented as part of the future detailed design stage/site plan application for the proposed development. The applicant’s planning report also provided commentary on Chapter 11 of the City of Pickering Official Plan (Seaton Urban Area), which includes policy reference to the Seaton Sustainable Place-Making Guidelines. PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 7 Sustainability staff offer the following comments: • no objection to the approval of the zoning by-law amendment and draft plan of subdivision subject to the development being consistent with the Seaton Sustainable Place-Making Guidelines; • the applicant proposes the following sustainable measures: • the adaptive reuse of a heritage structure for a learning studio/office use, and the salvage of barn materials to be incorporated into the development; • street trees with slightly greater caliper widths than City Boulevard Tree Planning Standard; • dark sky complaint energy efficient private outdoor lighting; • to reduce urban heat island reduction, landscaping is provided onsite to increase the permeability of the site and will include native species; • outdoor seating amenities for employees; • employee services and facilitates including: English as a second language taught by Caplink Limited instructors, employee lounges and recreation areas, and employee praying booths and facilities; and • support for alternative transportation, including through the provision of approximately 40 carpool parking spaces, 96 bicycle parking spaces, and 50 electric vehicle charging stations. Sustainability staff will continue to work with the applicant to explore opportunities for additional sustainable design features to be incorporated into the development, and to ensure that the above-noted applicant committed sustainable measures are implemented at the detailed design stage. The final sustainable design features to be incorporated into the development will be presented to the Site Plan Advisory Committee for their feedback prior to the Director, City Development & CBO issues site plan approval. The City Sustainability staff are satisfied that proposal will incorporate a number of sustainable development features that are consistent with the Seaton Sustainable Place-Making Guidelines and Pickering’s Sustainable Design Guidelines. 2.3.3 Economic Development • significant opportunity to attract a world-class food manufacturer to the City that will provide a diverse variety of jobs from management, technology, operations, scientists, engineers, mechanics and human resources; • the first phase of the food manufacturing campus will contribute to creating approximately 2,000 direct manufacturing jobs; • 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; and • this development will attract other significant industry users to the City, and will highlight the City as a key location for other industry leaders to consider relocating to, and expanding, their operations in the City. PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 8 2.3.4 Heritage Pickering Advisory Committee City Council shall consult with its heritage committee, as per the provisions of the Ontario Heritage Act. On September 7, 2022, the subject applications were presented to Heritage Pickering Advisory Committee. Members of the Committee were generally supportive of the proposed restoration and rehabilitation of the Percy House, and the proposed designation of the property under Part IV of the Ontario Heritage Act, and provided the following key comments and questions: • asked when the Temporary Protection Plan will be implemented; • concerned with impacts of heavy excavation equipment removing trees around the house and barns; • requested that the applicant install temporary fencing or engage other protection measures during the tree removal process; • concerned with vibration monitoring and its expected implementation after the tree removal; • asked the applicant’s intention to commemorate the silo structures; • asked when the applicant’s will demolish the addition at the back of the Percy House due to structural concerns; and • asked the applicant’s intention to salvage of material from the demolition process for donation or reuse. As conditions of draft plan approval, the applicant is required to provide an updated Heritage Impact Assessment addressing technical comments from the City’s Heritage peer review consultant, provide a Conservation Plan for the Percy House, a commemoration plan, and a long-term building conservation and maintenance plan. In addition, the Percy House will be designated under Part IV of the Ontario Heritage Act. The Committee will continue to be consulted through the site plan review process for Building 4 and the Learning Centre, which will include information on the siting, landscaping and restoration and rehabilitation of the Percy House. In addition, the Committee will be consulted on the proposed designation of the property under Part IV of the Ontario Heritage Act. Further comments with respect to preservation of the Percy House are discussed in Section 3.2 of this report. 3. Planning Analysis 3.1 The proposal conforms to the Pickering Official Plan, and is consistent with the policies for the Pickering Innovation Corridor Neighbourhood The Pickering Official Plan designates the subject lands as “Employment Areas – Prestige Employment”. 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 repair; and place of worship and schools. PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 9 Schedule XIII – Neighbourhood 21: Pickering Innovation Corridor, further refines the land use designations including “Prestige Employment – Node”, “Prestige Employment – General” and Seaton Natural Heritage System. The lands also include proposed public roads, stormwater management facility and a heritage lot (see Neighbourhood 21: Pickering Innovation Corridor, Attachment #8). The proposed food manufacturing campus, including office uses, manufacturing and warehousing are permitted. The proposed restoration and rehabilitation of the Percy House, and the proposed designation of the property under Part IV of the Ontario Heritage Act conforms to the Official Plan policies related to heritage conservation. The limits of development are appropriate, and the natural heritage system will be protected. In addition, the proposal includes stormwater management ponds (one public and one private) and public roads which will serve this development and future phases. The proposal conforms to the Pickering Official Plan, the Seaton Urban Area policies, and is consistent with the Pickering Innovation Corridor policies. 3.2 The Percy House will be relocated and repurposed for a learning studio/office space The eastern portion of the lands, municipally known as 815 highway 7, is occupied by a one-and-half storey brick dwelling (circa 1853), known as the Percy House. The property is listed as a non-designated property on the City of Pickering’s Municipal Heritage Register pursuant to Section 27 of the Ontario Heritage Act. The applicant proposes to retain the Percy House, and relocate the building within Block 4 of the plan, located generally at the southeast corner of Highway 7 and Street A. The building will form part of the food manufacturing campus, and is proposed to be used as a learning studio/office space. The applicant also proposes to demolish the rear addition due to structural concerns and construct an addition, approximately 287 square metres in size. A conceptual rendering plan and site plan are shown below on Figures 1 and 2. Figure 1: Rendering Plan of the Percy House and addition PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 10 N Figure 2: Conceptual Site Plan Through the site plan review process, the final siting of the building and the boundaries of the heritage property will be determined, including final architectural and landscaping details. The final site plan drawings will be required to be substantially in accordance with an approved Conservation Plan, and the requirement of a letter of credit, to secure all works included in the Conservation Plan. Heritage Pickering Advisory Committee will be consulted at the site plan review process. In addition, prior to final site plan approval, the Owner agrees to permit the designation of the lands (lands associated with the Percy House only), under Part IV of the Ontario Heritage Act. The Temporary Protection Plan submitted by the applicant outlines mitigation measures for the protection of the building while construction work is happening in the vicinity of the building. A requirement of the Temporary Protection Plan is to prevent vandalism and deterioration of the unoccupied building. In response, the applicant has installed a “no-trespassing” sign in a visible location on the property indicating that the house is to be preserved on site and should not be vandalized and/or scavenged. The applicant will also install a 2.4-metre fence around the perimeter of the Percy House to protect the building until the completion of construction in the vicinity of the dwelling. A concern was raised by the Heritage Pickering Committee regarding the potential for any impacts on the Percy House during the removal of trees that surround the house. The applicant’s heritage consultant confirms that there were no changes to the condition of the house and its heritage attributes as a result of tree removal, which occurred to facilitate the installation of the silt fence and eventual security fence around the Percy House. The removal of trees surrounding the house was a recommendation of the Temporary Protection Plan. PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 11 On September 20, 2022, Council did not object to a demolition application submitted by Caplink Limited, to demolish two barns and two silos located on the lands. The applicant advises that the barns and silos have been demolished, and that due to the poor condition of materials, no elements of the silos were retained during the dismantling of the barns. All suitable material was extracted from the barns in a matter that ensured it was not irreparably damaged. The applicant has selected several barn beams that will be incorporated in the learning studio; and the remaining wood is being donated to the Heritage Carpentry and Joinery program at Algonquin College. The lightning rods from one of the barns has been donated to the City of Brampton for use in the reconstruction of a barn at a historic house. 3.3 Ministry of Transportation supports the proposed road pattern and the new Highway 7 intersections In response to MTO comments and requirements, the applicant has revised the configuration of the internal public road to serve the subject proposal and future employment lands, as illustrated on Attachment #5, Conceptual Road Pattern. A new municipal road, having a right-of-way width of 22 metres, will provide municipal frontage and vehicle access for each block. The applicant has redesigned the access to the site and introduced a right-in/right- out intersection at Street A and Highway 7. Street B is proposed to be extended west, across the natural heritage system, to serve future employment uses, and a proposed full-moves signalized intersection at Highway 7 and a future north-south road. This full moves intersection will be located a minimum 400 metres west of right-in/right-out at Street A and Highway 7. In addition, as part of the proposed Phase 1 development, 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. MTO requires that prior to the City granting occupancy for the first building within this plan, the required municipal roads and intersections with the future employment lands shall be substantially designed, constructed and operational to the satisfaction of the City and the MTO. MTO has no objections to the approval of the zoning by-law amendment and draft plan of subdivision, subject to the conditions of draft approval, which the applicant will be required to satisfy prior to the registration of the subdivision. 3.4 Response to Additional Key Concerns As noted in Section 2.12 of this report, the Planning & Development Committee provided comments at the Electronic Statutory Public Meeting. The applicant has addressed questions regarding the phasing of the food manufacturing facility, types and number of jobs projected, design of municipal roads and access to Highway 7, sustainable measures, preservation of the Percy House and salvage of materials, and other various components of the development. The table below summarizes other questions raised at the Planning & Development Committee. PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 12 Comments Response Proposed enhancements to the watercourses within the natural heritage systems TRCA has reviewed the submitted Environmental Impact Study, prepared by Palmer, dated August 26, 2022. The Natural Heritage System was also staked in consultation with TRCA staff. The applicant is required to address several technical comments raised by TRCA through the clearance of the conditions of draft plan approval and through the site plan approval process. Prior to final registration of the draft plan of subdivision and issuance of Site Plan Approval, the applicant is required to: •submit a detailed stormwater management report; •implement appropriate Low Impact Development stormwater management practices; •submit an Erosion and Sediment Control Report and Plan; •demonstrate how the vegetation within the natural heritage system will be protected from grading and construction impacts; •implement feature-based water balance, and demonstrate through the site design how the ecological and hydrological function of the wetlands will be maintained and adequately monitored prior to the issuance of any required permits under TRCA’s Ontario Regulation 166/06; •submit an ecosystem compensation strategy for any wetland impacts, if required; and •adhere to all other TRCA conditions of approval. Anticipated timeline of when the proposed development would be completed Caplink Limited advises that they aim to begin pre- servicing/pre-grading for the subject lands spring 2023. The anticipated timeline for start of construction and occupancy for each building are as follows: •construction of Buildings 1 and 2 to start late summer of 2023, and occupancy approximately a year later; •construction of Building 3 to start late 2024 or early 2025, and occupancy approximately a year later; •construction of Building 4 to start winter of 2023 and occupancy approximately a year later; and PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 13 Comments Response • foundation for new location of Percy House (future Learning Studio) within Block 4 will be completed in 2024; construction timing of the addition to the Learning Studio is unknown at this time. Proposed demolition of the house located at 745 Highway 7 A demolition permit for 745 Highway 7 (which has no heritage significance) will be submitted early 2023 as part of the staging and phasing of the construction activity on-site. Asked if the applicant could help to support the City’s efforts to attract a High-Frequency Rail station in proximity to the proposed development Caplink Limited supports the City’s effort to bring High-Frequency Rail Station to this area. Requested quantifiable information pertaining to the anticipated positive impacts this proposed facility would have on the City’s non-residential tax revenue The City’s Finance Department advises that MPAC has not undertaken any preliminary assessment exercise, and Finance’s property tax revenue yield projection are a preliminary figure. Finance’s estimate, which should be considered as a floor amount, is based on the 2022 property taxes paid by Kubota on a per square foot basis using the commercial tax rate. The estimated non-residential property tax revenue for the Caplink Limited food manufacturing campus, phase 1 lands, having an approximate gross floor area of 1,021,376 square feet (94,889 square meters), is approximately $2,100,000 in total property taxes per year, with the City share being approximately $461,170, Region $840,570 and Education $833,250. Notwithstanding the above, MPAC may consider assessing part of the Caplink food manufacturing campus in the industrial assessment classification, that in turn would generate higher property taxes. PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 14 3.5 Zoning By-law Amendment to be finalized and forwarded to Council for enactment 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. The applicant proposes to add these lands to the Seaton Zoning By-law 7364/14 with zone categories including: Prestige Employment (PE), Stormwater Management (SWM) and Natural Heritage System (NHS), together with specific zoning exceptions to facilitate the implementation of the draft plan of subdivision. Staff supports the rezoning application, and recommends that the draft implementation By-law, attached as Appendix II to this Report, be finalized and forwarded to Council for enactment. 3.6 Technical matters will be addressed as conditions of subdivision approval and through site plan 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. Detailed design issues will be further dealt with through the site plan approval process. Technical matters to be further addressed include, but not limited to: • architectural treatment; • design of the addition to the Percy House and associated landscaping; • design of municipal streets; • sustainability design features; • construction management/erosion and sediment control; • stormwater management; • on-site grading and drainage; • site servicing; • landscaping; • fencing; and • street tree planting. 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. Applicant’s Comments The applicants have been advised of and support the recommendations of this report. PLN 03-23 February 6, 2023 Subject: Caplink Limited (SP-2022-02 and A 04/22) Page 15 Appendices Appendix I Recommended Draft Plan Conditions for Draft Plan of Subdivision SP-2022-02 Appendix II Recommended Zoning By-law Amendment for Zoning By-law Amendment A 04/22 Attachments 1. Location Map 2. Air Photo Map 3. Original Draft Plan of Subdivision 4. Revised Draft Plan of Subdivision 5. Conceptual Road Pattern 6. Revised Site Plan 7. Conceptual Rendering Plan of Building 1 8. Neighbourhood 21: Pickering Innovation Corridor 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 Appendix I to Report PLN 03-23 Recommended Draft Plan Conditions for Draft Plan of Subdivision SP-2022-02 Recommended Conditions of Draft Approval Plan of Subdivision: SP-2022-02 Part of Lots 27 and 28, Concession 5 Caplink Limited 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 Biglieri Group, dated June 6, 2022, revised November 11, 2022, which illustrates 4 employment blocks, a stormwater management pond block, a natural heritage system block, a road widening block, and roads. 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) Ministry of Transportation how all conditions in Section E have been satisfied. Section B – Region of Durham 1. 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. 2. 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. 3. Prior to final approval, the proponent shall complete a Stage 2 Archaeological Assessment, prepared by a licenced Ontario Archaeologist, along with any further studies. These studies must be submitted to the Ministry Heritage, Sport, Tourism and Culture Industries for their review and approval. 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. 4. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) compliant Phase Two Environmental Site Assessment (ESA) report and any further required studies by a qualified consultant to the Regional Municipality of Durham in accordance with the Region’s Soil and Groundwater Assessment Protocol for the Region’s review and approval. 5. The Owner shall agree in the area municipal subdivision agreement to implement the recommended noise control measures and warning clauses of the study titled, “Noise Impact Study”, prepared by Aerocoustics Engineering Ltd., dated December 16, 2022, along with any required revisions. The Owner shall agree in the subdivision agreement to implement the recommended noise control measures and warning clauses of the study or the updated study. The agreement shall contain a full and complete reference to the noise study (i.e., author, title, date and any revisions/addenda) and shall include any required noise control measures and warning clauses recommended in the study. Draft Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 2 6. The Owner shall grant to the Regional Municipality of Durham, 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. 7. 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. 8. The Owner shall to the satisfaction of the Region, revise the draft plan of subdivision to conform to the final Central Pickering Development Plan – Regional Services Class Environmental Assessment with respect to all matters addressed therein, including sanitary sewerage, water supply, Regional roads and stormwater management facilities. 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. Prior to entering into a subdivision agreement, or prior to entering into a front ending agreement between the Region and the Seaton Landowner Group, whichever is earlier, 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. 11. 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 regional services. 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. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 3 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. Zoning 4. That the implementing by-law for Zoning By-law Amendment Application A 04/22 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. Fencing 11. 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. 12. 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. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 4 13. 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. Noise 14. 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. Archaeology Monitor 15. 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. Construction Management Plan 16. 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 17. 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. 18. That the Owner submits a boulevard street tree planting plan to the satisfaction of the City. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 5 19. 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 20. That the Owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, site grading, streetlights, fencing and tree planting, and financially-secure such works. 21. 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. 22. That the Owner satisfy the City of Pickering for contributions for development review and inspection fees. Easement 23. That the Owner convey to the City, at no costs: any easements as required; and, any reserves as required by the City. 24. 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. 25. 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. 26. 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 27. 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. 28. 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. 29. 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. 30. 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. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 6 31. 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). Grading 32. That the Owner satisfy the Director, Engineering Services respecting submission and approval of a grading control plan. 33. That the Owner satisfy the Director, Engineering Services respecting the submission and approval of a geotechnical soils analysis. 34. That the Owner satisfy the Director, Engineering Services respecting the authorization from abutting land owners for all off-site grading. Services 35. 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. 36. That the Owner satisfy the City respecting arrangements for the provision of all services required by the City. 37. 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. 38. 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 39. 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 40. 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. 41. 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. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 7 42. 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. 43. That the Owner shall agree to implement all water balance/infiltration measures identified in the approved NFSSR. Traffic – Roads 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 50. 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. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 8 51. 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. 52. 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. 53. The Owner agrees to prepare a draft reference plan illustrating the proposed road configuration as generally illustrated on Schedule A, for lands external to the limits of this plan, which includes a westerly extension of Street B, through the future lands to a full-moves signalized intersection at Highway 7 and a future north-south road, located approximately 400 metres west of the right-in/right-out intersection at Street A and Highway 7. Fire 54. 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. Development Block 55. 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 56. 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. 57. 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 58. The Owner agrees to retain the Percy House, known municipally as 815 Highway 7, and relocate the building within Block 4 of the plan, generally located in the south-east corner of Highway 7 and Street A. 59. The Owner agrees to undertake the following to prevent vandalism and deterioration of the unoccupied Building: a) Erect a “no-trespassing” sign in a visible location on the property indicating that the house is to be preserved onsite and should not be vandalized and/or scavenged; and Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 9 b) Install a 2.4 metre fence around the perimeter of the house to protect the building until the completion of construction in the vicinity of the dwelling. 60. That prior to final approval, the Owner shall provide a detailed Conservation Plan prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment, prepared by WSP, dated December 12, 2022, to the satisfaction of the Director, City Development. 61. The Owner and City acknowledge and agree, that prior to final Site Plan approval, the Owner shall provide final site plan drawings substantially in accordance with the approved Conservation Plan, to the satisfaction of the Director, City Development. 62. The Owner and City acknowledge and agree, that prior to final Site Plan approval, the Owner shall provide a Letter of Credit, to secure all works included in the approved Conservation Plan, to the satisfaction of the Director, City Development. 63. The Owner and City acknowledge and agree, that prior to final Site Plan approval, the Owner prepare a reference plan, illustrating the boundaries of the heritage property. 64. The Owner agrees to permit the designation of the lands, as illustrated on an approved reference plan, under Part IV of the Ontario Heritage Act, to the satisfaction of the Director, City Development. 65. That the Owner enter into a Heritage Easement Agreement with the City to ensure the ongoing maintenance, protection and repair of the Percy House is in keeping with the heritage designation by-law and the Ontario Heritage Act. Place-Making Guidelines 66. 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. Plan Revisions 67. 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. 68. 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. 69. 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. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 10 Timing 70. 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 71. 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 Environment, Conservation, and Parks of their approval. Staged Servicing and Implementation Strategy 72. 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 By-law 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 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 73. The subdivision agreement between the Owner and the City of Pickering shall contain, among other matters, the following provisions: 74. 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. 75. That the Owner agrees to implement those noise control measures recommended in the noise report required in Condition 5. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 11 76. 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. 77. That the Owner agrees to design and implement on-site erosion and sediment control. 78. 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. 79. 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.” Section D – Toronto and Region Conservation Authority 1. That prior to the initiation of final grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the owner shall submit the following to The Toronto and Region Conservation Authority (TRCA) and the City of Pickering for review and approval: a. A detailed Stormwater Management Report to include a detailed design for the storm drainage system for the proposed development including: i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate Low Impact Development stormwater management practices to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design and maintenance plans for any stormwater management facilities; iv. an Erosion and Sediment Control Report and Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2006), as amended; and Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 12 v. location and description of all outlets and other facilities including associated restoration plans which may require a permit pursuant to Ontario Regulation 166/06, as amended. b. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating, among others, how all vegetation in the natural heritage system will be protected from grading and construction impacts. c. Feature-based water balance and resulting design mitigation to demonstrate through the site design how the ecological and hydrological function of the wetlands will be maintained and adequately monitored prior to the issuance of any required permits under Ontario Regulation 166/06, as amended. 2. Site grading, construction sequencing, restoration, and erosion and sediment control plans. 3. An ecosystem compensation strategy for any wetland impacts. 4. 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 technical reports referenced in Condition 1; b. To agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA; c. To design and implement on and off-site erosion and sediment control; d. 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 TRCA; e. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA; f. To implement all water balance/infiltration measures identified in the approved SWM Report; and g. To install fences along the boundary of the development lots and Natural Heritage System Block 5, and along the western boundary of Blocks 1, 3 and 6. 5. 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 – Ministry of Transportation 1. That prior to final approval, the Owner shall submit complete applications for a draft plan of subdivision and zoning by-law amendment for the lands located immediately west of the subject draft plan of subdivision, legally described as Part 1, 2 and 3 on the attached draft reference plan and referred to as “future lands”. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 13 2. That the draft plan of subdivision for the future lands (which are external to the limits of this plan) shall implement the proposed road configuration as shown on the Conceptual Road Plan – Option A, prepared by BA Group, dated October 16, 2022, which illustrates a westerly extension of Street ‘B’ and Highway 7 with a full move signalized intersection at Highway 7. See attached Schedule “A”. 3. That the Owner acknowledges and agrees in the subdivision agreement that prior to the Director, City Development & CBO issuing an occupancy permit for the first building within this plan, the following required municipal roads and intersections within the future lands shall be substantially designed, constructed and operational to the satisfaction of the City of Pickering and the Ministry of Transportation (MTO): a. westerly extension of Street ‘B’; b. future north-south road between the westerly extension of Street ‘B’ and Highway 7; and c. Full moves signalized intersection at Highway 7 and future north-south road located a minimum of 400 metres west of the right-in/right-out intersection at Street ‘A’ and Highway 7. 4. That the Owner agrees to design and construct the intersection of Street ‘A’ and Highway 7 to a right-in/right-out intersection to the satisfaction of the City of Pickering and the satisfaction of the MTO. 5. That the Owner shall submit a Traffic Impact Study reflecting the Option A road design, as prepared by BA Group, dated October 16, 2022, as well as the full build-out of the required road network for this plan and the future lands, and any required road improvements and construction including warrants and design for left/right/through lane requirements on Highway 7 at the future north-south road to the satisfaction of the City of Pickering and the Ministry of Transportation. 6. That the Owner shall submit a drainage report and supporting plans for the proposed widening of Highway 7. 7. That the Owner agrees and acknowledges to prepare and submit illumination warrants for the proposed widening along Highway 7 and illumination design, if warranted. 8. That the Owner shall submit utility relocation plans with distances of at-grade utilities to edge of the widened portion of Highway 7. 9. That the Owner agrees to complete and submit a geotechnical report and details of pavement and shoulder design to the satisfaction of the Ministry of Transportation. 10. That the Owner shall submit a complete contract package to the Ministry for review and approval as part of the Highway Corridor Management Section (cross-sections, plan views, etc.). 11. That the Owner shall prepare and submit any required land use permit(s) for the construction of the permanent right-in/right-out intersection east of Sideline 28 and the full-moves signalized intersection east of North Road, including the following: a. A Ministry of Transportation Corridor Management Permit(s); b. the permits shall require the following information and plans: Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 14 i. detailed drawings for proposed right-in/right-out entrance on Highway 7, in accordance with Ministry standards, and the submission will include, but not be limited to, the following aspects: 1. 1:500 scaled engineering drawings; 2. Geometric design of intersection depicting the right-in/right-out, all lane configurations, shoulders, curbs, drainage systems, pavement markings; 3. Cross-section of highway and local road at regular intervals; 4. Profile of highway and local roads; 5. Drawings shall continue to the east/west limits of any proposed widening; 6. Utility relocation plan (if applicable to meet roadside safety standards); 7. Illumination plan; 8. Drainage report; 9. Traffic Impact Study; 10. Property adjustment plan (if required by proposed design); and 11. A preliminary cost estimate to be used to determine the value of the letter of credit. ii. a minimum of 30 percent design drawings to be provided for the signalized intersection of the proposed public street extending south from Highway 7, located approximately midway between North Road and Sideline 28. 12. That the Owner shall prepare and submit any required permit(s) for the construction of the permanent signalized intersection of Highway 7 and the proposed public street extending south from Highway 7, located approximately midway between North Road and Sideline 28. 13. That the Owner shall prepare and submit detailed drawings for the intersection Highway 7 and the proposed public street extending south from Highway 7, located approximately midway between North Road and Sideline 28 in accordance and satisfaction of the Ministry of Transportation standards. This submission will include, but not be limited to, the following aspects: i. 1:500 scaled engineering drawings; ii. Geometric design of intersection depicting the right-in/right-out, all lane configurations, shoulders, curbs, drainage systems, pavement markings; iii. Cross-section of highway and local road at regular intervals; iv. Profile of highway and local road; v. Drawings shall continue to the east/west limits of any proposed widening; vi. Utility relocation plan (if applicable to meet roadside safety standards) vii. Illumination plan; and viii. Drainage report. 14. That the Owner is responsible for preparing the legal drawing (PHM-125 format) for proposed full-moves signalized intersection (Highway 7 and the proposed public street extending south from Highway 7, located approximately midway between North Road and Sideline 28) and submitting it to the Ministry for approval. 15. That That the Owner is responsible for the construction and costs associated with the signalized intersection of Highway 7 and the proposed public street extending south from Highway 7, located approximately midway between North Road and Sideline 28. Recommended Conditions of Draft Plan Approval SP-2022-02 Draft Page 15 16. That the Owner shall enter into appropriate Legal Agreement, initiated by the Ministry of Transportation, detailing the Owner’s responsibility and requirements associated with all works on Highway 7 and shall provide the following: a. A Cost Estimate of works on Highway 7 and the signalization of Highway 7 and the proposed public street extending south from Highway 7, located approximately midway between North Road and Sideline 28. b. A Letter of Credit to be submitted to the Ministry of Transportation for the cost of the widening works. 17. That the Owner prepare and submit detail drawing on any structural modifications (i.e., box culverts, culverts) to accommodate widening of Highway 7 (if applicable). 18. That the Owner retain a contractor from Ministry’s approved contactors for the detailed design submission packages for Highway 7. 19. The Owner shall comply with all conditions from Ministry for draft approval. Notes to Draft Approval 1. 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. 2. This draft approval shall lapse five years from the date the draft approval has been granted if the noted conditions have not been fulfilled, or if it has not been extended by the City of Pickering. 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: (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) Toronto and Region Conservation Authority, Development Planning and Regulation, 101 Exchange Avenue, Vaughan, Ontario, L4K 5R6, 416.661.6600. (iii) Ministry of Transportation, 159 Sir William Hearst Avenue, 7th Floor, Toronto, Ontario M3M 0B7 Appendix II to Report PLN 03-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/22 The Corporation of the City of Pickering By-law No. XXXX/23 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 27 and 28, Concession 5, City of Pickering (A 04/22) Whereas the Council of The Corporation of the City of Pickering received an application to rezone portions of the subject lands being Part Lots 27 and 28, Concession 5, in the City of Pickering to permit the implementation of a draft plan of subdivision; 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. 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 in Part Lots 27 and 29, Concession 5, in the City of Pickering, designated “PEG-2”, “NHS,” and “SWM”, on Schedule I 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. Amendments Section 10.0 Definitions of Zoning By-law 7364/14, as amended, is further amended by added the following definition: “Floor Area, Net” means the total area of all floors of a building measured from the interior faces of the exterior walls or demising walls, but does not include the following areas: (a) Motor vehicle parking and bicycle parking below established grade; (b) Motor vehicle parking and bicycle parking at or above established grade; (c) Loading spaces and related corridors used for loading purposes; (d) Rooms for storage, storage lockers, washrooms, electrical, utility, mechanical and ventilation; (e) Indoor amenity space required by this By-law; (f) Elevator, garbage and ventilating shafts; (g) Mechanical penthouse; and (h) Stairwells in the building. Draft By-law No. XXXX/23 Page 2 Draft Section 6.5 Exceptions of Zoning By-law 7364/14, as amended, is further amended by inserting a new row to Table 24 and by adding Note #3 as follows: Table 24: Permitted Use Exceptions Zone # Address Additional Uses Permitted PEG 2 SP-2022-02 A04/22 Part Lots 27 and 28, Concession 5 745 and 815 Highway 7 (south of Highway 7, north of Highway 407, west of Whites Road, and east of NHS) • Stormwater Management Facility (Private) • A minimum 5% of the net floor area shall be dedicated for an Office use within a building that contains a Storage and Warehousing use • A minimum 10% of the total net floor area shall be dedicated for an Office use within all buildings on a lot that includes a Light Manufacturing and/or Food Processing use. Notes: 3. The following site-specific exceptions shall apply to the lands zoned PEG-2: a) Despite Section 6.4.1 – Table 23: Employment Zone Standards, a maximum front yard (5m), shall not apply to the lands zone PEG-2. b) Despite Section 6.4.1 – Table 23: Employment Zone Standards, a maximum building height of 18 m, exclusive of mechanical equipment and silos, shall apply to the lands zoned PEG-2. c) Despite Section 6.4.2, Additional Provisions, c) parking shall be permitted between the building and the front lot line on the lands zoned PEG-2. d) Despite Section 6.4.2, Additional Provisions, d) shall not apply to the lands zoned PEG-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 Schedule I to this By-law. By-law No. XXXX/23 Page 3 Draft 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 on 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 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, 2023. ___________________________________ Kevin Ash, Mayor ___________________________________ Susan Cassel, City Clerk Draft Draft Clerk Mayor Schedule I to By-LawPassed ThisDay of i N XXXX/23XXrd XXXX 2023 PEG-2 NHS SWM Highway 7 Highway 407 Wh i t e s R o a d Si d e l i n e 2 8 Proposed Roads PEG-2 72.9m 17 3 . 1 m 7.1 m 4.5m 2. 6 m 11.6m 8 4 . 7 m 1 0 6 . 4 m 83 . 7 m 56 . 9 m 94. 8 m 142.1 m 76.2m 13.1m 10.3m 12 5 . 1 m 133. 3 m 28.9 m 2 3 . 5 m 199.4m102.8m 223.5m 274.4m 15.3m 11.8m 15 . 3 m 12 1 . 4 m 21. 2 m 52.0m 21.0m 15 1 . 7 m 25.1 m 63.0m 27.4m 41.5m 7 . 0 m Attachment #1 to Report PLN 03-23 North Road Highway 7 W h i t e s R o a d Highway 407 Si d e l i n e 2 6 Si d e l i n e 2 8 Enterprise Gatew a y City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: SP-2022-02 & A 04/22 Date: Jan. 16, 2023 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 1:12,000 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. SubjectLands Phase 2 Phase 1 Future Lands Attachment #2 to Report PLN 03-23 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 Attachment #3 to Report PLN 03-23 L:\Planning\01-MapFiles\SP\2021 Jan 16, 2023DATE: Applicant: Municipal Address: File No: Original 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 Attachment #4 to Report PLN 03-23 L:\Planning\01-MapFiles\SP\2022 Dec. 7, 2022DATE: Applicant: Municipal Address: File No: Revised 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 Attachment #5 to Report PLN 03-23 L:\Planning\01-MapFiles\SP\2021 Jan 11, 2023DATE: Applicant: Municipal Address: File No: Conceptual Road 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 Attachment #6 to Report PLN 03-23 L:\Planning\01-MapFiles\SP\2022 Jan. 10, 2023DATE: 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 SP-2022-02 & A 04/22 Caplink Limited 745 Highway 7 and 815 Highway 7 N Building 1 Building 2 Building 3 Building 4 Building 5 Attachment #7 to Report PLN 03-23 L:\Planning\01-MapFiles\SP\2021 Jan 18, 2023DATE: Applicant: Municipal Address: File No: Conceptual Rendering Plan Building 1 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 Attachment #8 to Report PLN 03-23 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