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HomeMy WebLinkAboutPLN 12-24Report to Planning & Development Committee Report Number: PLN 12-24 Date: May 6, 2024 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Caplink Limited (575, 625 and 685 Highway 7) Seaton Community Recommendation: 1. That Draft Plan of Subdivision Application SP-2023-03, submitted by Caplink Limited, on lands being Part Lots 27 and 28, Concession 5, to establish a plan of subdivision consisting of six blocks for employment uses, road widenings, and new municipal roads, as shown on Attachment 5 to Report PLN 12-24, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and 2. That Zoning By-law Amendment Application A 11/23, submitted by Caplink Limited, to implement Draft Plan of Subdivision SP-2023-03 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 12-24, be finalized and forwarded to Council for enactment. Executive Summary: The purpose of this report is to seek Council approval of applications submitted by Caplink Limited for Draft Plan of Subdivision and Zoning By-law Amendment. These applications are intended to facilitate the second phase of Caplink Limited's food manufacturing facility. This phase will involve the construction of six buildings for employment purposes, comprising manufacturing, warehousing, and office spaces, with a total gross floor area of approximately 134,810 square metres (1,451,000 square feet). Once completed, the food manufacturing campus, including both Phases 1 and 2 lands, will consist of a total of 11 buildings for employment uses, with a combined gross floor area of approximately 229,673 square metres (2,472,180 square feet). This expansion of Caplink Limited’s food manufacturing facility is located within the Prestige Employment Area of the Pickering Innovation Corridor. The proposal represents logical and orderly development, and represents good planning. Furthermore, it is consistent with the Pickering Official Plan and the Pickering Innovation Corridor Neighbourhood Plan policies. Based on these considerations, staff recommend that Council approve the Draft Plan of Subdivision Application SP-2023-03, and endorse the implementing conditions of approval, as set out in Appendix I. It is also recommended that Zoning By-law Amendment Application A 11/23 be approved, and the draft zoning by-law, as set out in Appendix II, be finalized and forwarded to Council for enactment. PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 2 Caplink Limited Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Champion Economic Leadership & Innovation; and Advance Innovation & Responsible Planning to Support, Connected, Well-Serviced Community. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. Discussion: The purpose of this report is to obtain Council’s approval of applications submitted by Caplink Limited for Draft Plan of Subdivision and Zoning By-law Amendment to facilitate the second phase of their food manufacturing facility. This phase consists of six buildings for employment uses having a combined gross floor area of approximately 134,810 square metres (1,451,000 square feet). 1. Background, Property Location and Description Caplink Limited, also known as FGF Brands, is a food manufacturing business and is a producer of baked goods, artisan, and fresh bread. Caplink Limited (Caplink) has over 30 production facilities across North America and is one of North America’s largest food manufacturing companies. Caplink acquired approximately 60 hectares of land in the Pickering Innovation Corridor for a food manufacturing campus, to be developed in phases. The lands are located south of Highway 7, east of North Road, north of Highway 407, and west of Whites Road. Phase 1 of the food manufacturing campus is located at the southwest corner of Highway 7 and Whites Road and spans approximately 26 hectares in size (see Location Map, Attachment 1). On February 27, 2023, Council endorsed the draft plan and related conditions, and approved the implementing site-specific zoning by-law for the Phase 1 lands. The lands received draft plan approval on May 16, 2023, allowing for the construction of five buildings for employment use, with an overall gross floor area of approximately 94,863 square metres (1,021,105 square feet). The plan also includes provisions for the future relocation and restoration of a heritage structure (Percy House) to be used as a learning studio/office use. The Phase 1 subdivision agreement has been executed by Caplink, and the agreement and the final plan are expected to be registered soon. Applications for Site Plan Approval for Buildings 1 and 2 are nearly complete, and conditional building permits for these two buildings have been issued to enable the start of construction. Site Plan Approval will be issued for Buildings 1 and 2 upon registration of the draft plan. Site Plan Approval for Buildings 3 and 4 is currently under review. Site Plan Approval for Building 3 is anticipated to be issued in the summer of 2024, and for Building 4 towards the end of 2024 or early 2025. PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 3 Caplink Limited The Phase 2 lands are approximately 36 hectares in size and located on the south side of Highway 7, east of North Road and north of Highway 407. The lands are municipally known as 575, 625, and 685 Highway 7 (see Location Map, Attachment 1). The westerly portion of the lands (575 Highway 7), is occupied by an Ontario Cottage, known as Vardon House, and an associated barn. The lands are currently used primarily for agricultural activities (see Air Photo Map, Attachment 2). Surrounding land uses include: North: Across Highway 7, are rural/agricultural lands owned by the Federal Government intended 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 407 corridor, are agricultural lands designated as “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 the Seaton Natural Heritage System, is the first phase of the applicant’s food manufacturing campus. West: Across North Road, are lands currently used for agricultural purposes that are designated as “Prestige Employment” and “Seaton Natural Heritage System” and are located within Seaton Neighbourhood 21: Pickering Innovation Corridor. 1.1 Applicant’s Proposal Caplink has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to facilitate the second phase of their food manufacturing facility. The extension of the food manufacturing facility consists of an additional six buildings for manufacturing, warehousing (distribution, logistics and freezer storage), and office spaces (see Submitted Concept Plan, Attachment 4). An overall gross floor area of approximately 134,810 square metres (1,451,000 square feet) is proposed. The draft plan of subdivision proposes to create eight blocks, including six blocks for employment uses, two road widening blocks located along Highway 7 and North Road, and two new streets (see Submitted Draft Plan of Subdivision, Attachment 5). The applicant proposes demolishing the Vardon House and associated barn to facilitate the development. Through collaboration between City staff and the applicant, a change was made to the proposal to replace a public stormwater management facility block with a private stormwater management pond block in Block 4 (see Submitted Landscape Concept Plan, Attachment 6). PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 4 Caplink Limited The table below provides details of the proposed draft plan of subdivision and uses: Blocks Land Use Land Area Gross Floor Area Block 1 Employment Use 7.0 ha Building 6: 21,111 square metres Block 2 Employment Use 5.15 ha Building 7: 23,315 square metres Block 3 Employment Use 4.38 ha Building 8: 23,315 square metres Block 4 Employment Use 4.45 ha Building 9: 23,315 square metres Block 5 Employment Use 4.63 ha Building 10: 21,140 square metres Block 6 Employment Use 4.95 ha Building 11: 22,614 square metres Block 7 Road Widening (Highway 7) 0.64 ha 134,810 square metres (1,451,000 square feet) Block 8 Road Widening (North Road) 0.06 ha Right of Way (Streets A and B) 2.14 ha Total 36.22 ha A total of 1,300 surface parking spaces are proposed to support the development. The proposal includes 50 barrier-free spaces, 329 loading spaces, 212 trailer storage spaces, approximately 55 carpool spaces, and 120 bicycle parking spaces. The proposal also includes approximately 60 Electric Vehicle (EV) charging stations. Private infrastructure will be available to support the EV charging stations. The Zoning By-law Amendment proposes to remove the subject lands from Zoning By-law 3037 and add the lands to the Seaton Zoning By-law 7364/14. Appropriate zone categories and provisions will be implemented to facilitate the implementation of the draft plan of subdivision and the proposed use. The future development of the employment blocks will be subject to Site Plan Approval. The applicant advises that they intend to submit a Pre-submission Site Plan application for their first employment block in late 2025. The Site Plan Review Panel will have an opportunity to provide further comments through the site plan approval process. 2. Comments Received 2.1 November 6, 2023, Hybrid Electronic Statutory Public Meeting On November 6, 2023, a Statutory Public Meeting was held to consider the proposal. Members of the Planning & Development Committee raised the following comments and questions: • requested clarification on the size and uses of Phase 1 and Phase 2 manufacturing facilities, and the size of the full build-out food manufacturing campus PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 5 Caplink Limited • requested information on the anticipated timeline of construction and completion of the food manufacturing campus • requested confirmation that the Ministry of Transportation (MTO) requires the signalized access at Highway 7 and Stonefire Road within Phase 2 lands before the occupancy of the first building located in Phase 1 • asked if Stonefire Road and Wonder Drive will be municipal roads, and requested confirmation that street names are FGF Brand names • asked if Wonder Drive and North Road intersection will be right-in/right-out or signalized access • asked if adequate infrastructure will be available to support the approximately 60 EV charging stations • asked if the applicant is exploring opportunities to preserve and relocate the Vardon house and barn, or any plans to salvage building materials • asked how the applicant will mitigate any potential impacts on the adjacent natural heritage systems 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 proposed development supports the policy directions of the Provincial Policy Statement as it provides for new industrial uses within an employment area within the Seaton Community • the lands are located within the Seaton Urban Area and are designated as Special Policy Area A in the Regional Official Plan (ROP) • the ROP policy refers to the Central Pickering Development Plan (CPDP), which the Province of Ontario revoked in December 2022 • the subject site is designated “Employment Areas” within the new ROP (Envision Durham), which was adopted by Regional Council in May 2023, and forwarded to the Province for approval • the proposal generally conforms with Envision Durham policies • the property will be located within Zone 5 Water Pressure District of the water supply system for Pickering • water supply will be available from the watermain that will be installed on Wonder Drive, located in the Phase 1 lands of the Caplink development • sanitary servicing flow from the subject property will be conveyed by gravity to the future West Subtrunk 1 sanitary sewer, which is currently in the design stage • an updated Stage 1 Archaeological Assessment is required, and must be submitted to the Ministry of Citizenship and Multiculturalism for their review and approval • Durham Region Transit identified potential bus stop locations within the plan, requested that sidewalks be installed and open in tandem with occupancy, and advised that “on demand” service is currently available for this area PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 6 Caplink Limited • 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, Key Natural Heritage/Hydrologic Features, and Environmental Site Assessment 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 the site plan approval process • further comments with respect to additional requirements are discussed in Section 3.5 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 supports the proposed road pattern and new Highway 7 intersections • MTO requires that, prior to the City granting occupancy for the first building within the first phase plan, the required municipal roads and intersections within Phase 2 lands will 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 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 • 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 will be further reviewed through conditions of draft plan of subdivision approval and site plan approval 2.3.2 Sustainability • no objection to the approval of the zoning by-law amendment and draft plan of subdivision applications, and detailed comments will be provided at the Site Plan Application stage • the applicant shall ensure all development is consistent with the Council-adopted Integrated Sustainable Design Standards (ISDS) Checklist for Non-Residential Development (Industrial) Tier 1 PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 7 Caplink Limited • the applicant proposes to provide the following sustainable measures: • street trees with slightly greater caliper widths than City Boulevard Tree Planning Standard • dark sky compliant energy efficient private outdoor lighting • to reduce urban heat island reduction, landscaping is provided on-site to increase the permeability of the site, and will include native species • outdoor seating amenities for employees • employee services, including English as a second language taught by Caplink instructors, and facilities, including employee lounges and recreation areas, and employee praying booths • connected bicycle track/lane from Phase 1 lands • support for alternative transportation, including approximately 55 carpool parking spaces, 144 bicycle parking spaces, and 60 EV 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 Review Panel for their feedback before the Director, City Development & CBO issues site plan approval. 2.3.3 Economic Development • Caplink is a world-class food manufacturer that will provide a diverse variety of jobs in manufacturing, logistics, automation, technology and IT developers, food science, and others • once full build-out is completed, the Caplink Food Manufacturing Campus will be one of, if not the largest, employer within the City, with the anticipated creation of 1,000 new full-time jobs in Phase 1, and 2,000 new full-time jobs in Phase 2 • this development will attract other significant industries 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 3. Planning Analysis 3.1 The proposal conforms to the Pickering Official Plan, and is consistent with the policies of the Pickering Innovation Corridor Neighbourhood Plan 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 places of worship and schools. PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 8 Caplink Limited Schedule XIII – Neighbourhood 21: Pickering Innovation Corridor, further refines the land use designation “Prestige Employment – General”. The lands also include proposed public roads, a stormwater management facility, and a heritage lot (see Neighbourhood 21: Pickering Innovation Corridor, Attachment 3). The proposed food manufacturing campus, including office uses, manufacturing and warehousing are permitted. The limits of development are appropriate, and the natural heritage system will be protected. In addition, the proposal includes a future stormwater management pond (private) and public roads which will serve both phases of the development. The proposal conforms to the Pickering Official Plan, and the Seaton Urban Area policies, and is consistent with the Pickering Innovation Corridor policies. 3.2 Vardon House has diminished Cultural Heritage Value or Interest The property at 575 Highway 7, located on the westerly portion of the property, includes a one-and-a-half-storey Ontario Gothic Cottage, known as the Vardon House (circa 1853). The property also contains a barn, and landscape features associated with the agricultural history of the property. This property is listed as a non-designated property on the City’s Municipal Heritage Register, pursuant to Section 27 of the Ontario Heritage Act. In support of the proposed development, the applicant submitted a Heritage Impact Assessment (HIA), dated May 16, 2023, prepared by WSP. The heritage evaluation determined that the subject property possesses cultural heritage value or interest as a late nineteenth-century Ontario Cottage, associated with the early settlement of Pickering. The house has retained some original detailing. However, it has experienced many alterations, including the removal of original windows, doors, and foundations. These changes have compromised its overall integrity. Because of these alterations, the house is no longer considered to be a representative example of its type. The HIA acknowledges the removal of the house and barn will result in direct negative impacts to the property. To mitigate these impacts, the HIA notes options for documentation, appropriate salvage, and further investigation into other options for possible relocation of the house and barn. The applicant will prepare a Cultural Heritage Resource Documentation Report for the house and barn. The report will include measured drawings and identify suitable material for salvage and reuse. A Commemoration Plan will also be developed for the site. The applicant is committed to commemorating the agricultural history of the area. The applicant plans to retain and restore the Percy House, a one-and-half storey brick dwelling (circa 1853) located on the first phase of the manufacturing campus. The Percy House will be moved to the corner of Highway 7 and Wonder Drive, as illustrated in Attachment 7. The building will be used as a learning studio/office space. A staff report is intended for the June Planning & Development Committee meeting, seeking Council’s approval to designate the Percy House under Part IV, section 29 of the Ontario Heritage Act. PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 9 Caplink Limited 3.3 Heritage Pickering Advisory Committee does not object to the removal of the Vardon House and barn On November 22, 2023, the subject applications were presented to the Heritage Pickering Advisory Committee, and members provided the following comments and questions: • asked why the Vardon House and barn cannot remain on the existing lot, and if moved, would the building lose its cultural heritage value • questioned if the existing location of the Vardon House would impede the development of an employment block • asked if there was an opportunity to reduce the size of the manufacturing building within the block to accommodate the Vardon House and barn • asked if there is an opportunity to relocate the Vardon House and barn to the corner of North Road and Highway 7 • asked if the Vardon House could be converted to an office building, like the Percy House in Phase 1 • asked if the Vardon House and barn could be relocated on the Phase 1 lands together with the Percy House • asked if the City has a policy to relocate heritage buildings to the Pickering Museum Village • asked about the applicant’s intention to salvage material from the demolition process for donation or reuse • requested City staff and the applicant consider more innovative ways to commemorate the Vardon House and barn Based on additional verbal information provided by the applicant and their heritage consultant, the Heritage Pickering Advisory Committee did not object to the removal of the Vardon House and barn, allowing for the second phase of the food manufacturing facility as proposed, subject to conditions. The conditions included that the applicant update the HIA as per the recommendations in the peer review comment letter, prepare a Cultural Heritage Resource Documentation Report, including measured drawings and develop a Commemoration Plan for the site. The Committee requested that the applicant commemorate the heritage attributes of the property in a way that is innovative, and visible from the public realm. An option could include an art installation, using salvaged materials from 575 Highway 7. The Committee also requested that the applicant make best efforts to find an interested party for the potential relocation of the Vardon House and to donate any unused salvaged materials. The applicant has agreed to donate any unused materials to the Heritage Carpentry and Joinery Program at Algonquin College. Prior to final approval, the applicant will be required to prepare the required documentation and consult with the Heritage Pickering Advisory Committee on the Commemorative Plan. PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 10 Caplink Limited 3.4 A new municipal road network is being proposed to support Phases 1 and 2 of the food manufacturing campus A new municipal road network will be developed in phases. The first phase road network will be constructed with two connections to Highway 7, as illustrated in Figure 1 below. The two connections include right-in-right-out access located at Highway 7 and Wonder Drive within the Phase 1 lands. Wonder Drive will extend across the Natural Heritage System to the Phase 2 lands to a new signalized intersection at Highway 7 and Street B (Stonefire Road). The MTO requires that, before the City grants occupancy for the first building in the first phase, the required municipal roads and intersections within Phase 2 lands are substantially constructed and operational to the satisfaction of the City and the MTO. In addition, as part of the Phase 1 development, Highway 7 will be improved by widening the road to four lanes across the site frontages with turn lanes. Figure 1: Phase 1 Road Network The full build-out of the road network is illustrated on the Submitted Conceptual Master Plan, Attachment 7. Wonder Drive from Street B (Stonefire Road) will extend to North Road. The intersection of North Road and Wonder Drive was analyzed as an unsignalized intersection (stop-controlled) and was determined to operate within acceptable conditions. In functional road plan design, the intersection is illustrated as a signalized intersection to demonstrate that the signal can be accommodated if desired, after the completion of Phase 2. 3.5 Response to Additional Key Concerns As noted in Section 2.1 of this report, the Planning & Development Committee provided comments at the 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, status of Vardon House and barn, and other various components of the development. The table below summarizes other questions raised at the Planning & Development Committee. PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 11 Caplink Limited Comments Response Applicant’s plan to mitigate any potential negative impacts to the abutting natural heritage systems The subject site is within the TRCA Regulated Area of the Duffins Creek watershed. The site is regulated with respect to the Duffins Creek headwater drainage features and their associated ravine corridors along the east and west portions of the site. TRCA has reviewed the submitted Environmental Impact Study and Addendum Study, prepared by Palmer, dated June 2023 and December 2023. The applicant is required to address several technical comments raised by TRCA through the clearance of the conditions of draft plan approval, and the site plan approval process. Before 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 • provide the results of the monitoring for the DC-13 Wetland, and a post-construction monitoring report, as the information becomes available • provide site grading, construction sequencing, restoration, and erosion and sediment control plans to the satisfaction of the TRCA prior to the issuance of any permits under the Conservation Authorities Act • adhere to all other TRCA conditions of approval Anticipated completion timeline of Phases 1 and 2 of the food manufacturing campus Phase 1 • construction of the first phase road network located within Phase 1 and 2 (Wonder Drive and Stonefire Road), is anticipated between the fourth quarter of 2024 and the second quarter of 2025 PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 12 Caplink Limited Comments Response • construction of Buildings 1 and 2 is currently underway, and occupancy is anticipated in the Spring of 2025 • construction of Buildings 3 and 4 to begin in 2026, and occupancy is anticipated in 2027 • the foundation for the new location of Percy House (future learning studio/office) within Block 4 will be completed in 2024 • the construction timing of the addition to the learning studio/office is unknown at this time Phase 2 • construction of Buildings 6, 7, 8, 9, 10 and 11 anticipated to begin post 2026 • construction of the extension of Wonder Drive to North Road post 2026 3.6 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 11/23. The applicant proposes to add these lands to the Seaton Zoning By-law 7364/14, with a Prestige Employment General (PEG) zone category, 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 implementing by-law, attached as Appendix II to this report, be finalized and forwarded to Council for enactment. In accordance with the Pickering Official Plan, Chapter 11, Seaton Urban Area, the completion of a future transportation planning study is to be undertaken by the Seaton landowners and completed prior to development proceeding beyond the Seaton first phase of development. As per Section 11.1 of Seaton Zoning By-law 7364/14, an “H” Holding Symbol is applied to the draft plan of subdivision lands beyond the Seaton Phase 1 lands, as shown in the hatching on the draft Schedule I. The Holding provisions shall be removed when: i) a transportation study is completed identifying the need, and if warranted, the extent and timing of additional transportation improvements including collector and arterial roads internal to the Seaton Urban Area, road linkages external to the Seaton Urban Area including linkages internal and external to Durham Region and interchanges with Highway 407 ETR that may be required to support development beyond the first phase, which shall not exceed 9,800 detached equivalent units, as defined in the Staged Servicing and Implementation Strategy. The transportation study is to be undertaken PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 13 Caplink Limited 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. 3.7 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 have provided 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 municipal streets • sustainability design features • construction management/erosion and sediment control • stormwater management • on-site grading and drainage • site servicing • landscaping • fencing • 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. Conclusion The applicant’s proposal satisfies the Pickering Official Plan and the Pickering Innovation Corridor Neighbourhood Plan policies. The applicant has worked with City staff, and external agencies, to address various technical requirements. Staff support Zoning By-law Amendment Application A 11/23, and recommend that the site-specific implementing by-law, as set out in Appendix II to this report, be approved and forwarded to Council for enactment. Staff recommends Council endorse Draft Plan of Subdivision SP-2023-03, as shown in Attachment 5 to this report, and the Conditions of Approval set out in Appendix I to this report. PLN 12-24 May 6, 2024 Subject: Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Page 14 Caplink Limited 5.Applicant’s Comments The applicant supports the recommendations of this report. Appendices Appendix I Recommended Draft Plan Conditions for Draft Plan of Subdivision SP-2023-03 Appendix II Recommended Zoning By-law Amendment for Zoning By-law Amendment A 11/23 Attachments 1.Location Map 2.Air Photo Map 3.Neighbourhood 21: Pickering Innovation Corridor 4.Submitted Concept Plan 5.Submitted Draft Plan of Subdivision 6.Submitted Landscape Concept Plan 7.Submitted Conceptual Master Plan Prepared By: Original Signed By Cristina Celebre, MCIP, RPP Principal Planner, Strategic Initiatives Original Signed By Nilesh Surti, MCIP, RPP Division Head, 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 No. PLN 12-24 Recommended Draft Plan Conditions for Draft Plan of Subdivision SP-2023-03 Proposed Conditions of Draft Approval April 19, 2024 Plan of Subdivision: SP-2023-03 Part of Lots 27 and 28, Concession 5 (575, 625 and 685 Highway 7) 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 March 6, 2023, revised April 4, 2024, which illustrates 6 employment blocks, 2 road widening blocks 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 Regional Municipality 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 Municipality 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 and the City of Pickering for review and approval if this subdivision is to be developed by more than one registration. 3. The Owner shall submit Environmental Site Assessment documents to address potential site contamination for the subject site in accordance with the Regional Municipality of Durham's Soil and Groundwater Protocol. 4. The Owner shall carry out an archaeological assessment of the subject site and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Citizenship and Multiculturalism. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Citizenship and Multiculturalism. 5. The Owner shall agree in the City of Pickering Subdivision Agreement to implement the Acoustical Consultant's recommendations of the noise report, entitled “Noise Impact Study” prepared by Aeroucstics and dated May 24, 2023, which specifies noise attenuation measures for the development. These measures shall be included in the Subdivision Agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda). 6. The Owner shall grant to the Region, any easements required to provide Regional services for this development. The easements shall be in locations and of such widths as determined by the Regional Municipality of Durham. Proposed Conditions of Draft Plan Approval SP-2023-03 Page 2 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 employment 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 Regional Municipality of Durhan 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 Regional Municipality of Durhan concerning the provision and installation of sanitary sewers, water supply, roads and other services. Section C – City of Pickering Financial 1. That the draft plan shall not receive final approval and registration until the City of Pickering is satisfied that an agreement between the City and the Seaton Landowners Group has been entered into, confirming arrangements pertaining to the financing and construction of municipal facilities and infrastructure and other related matters affecting the development of lands beyond the first phase of development, as defined in the Staged Servicing and Implementation Strategy. Such infrastructure includes, but is not limited to, city parks, trails, community facilities, external road works, traffic control, stormwater management, and regional road enhancements including sidewalks, multi-use paths, and street lighting. 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. Proposed Conditions of Draft Plan Approval SP-2023-03 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 estoppel 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 11/23 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. Proposed Conditions of Draft Plan Approval SP-2023-03 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. 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 public open spaces within the draft plan of subdivision prior to the approval of a preliminary grading plan. Proposed Conditions of Draft Plan Approval SP-2023-03 Page 5 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. 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). Proposed Conditions of Draft Plan Approval SP-2023-03 Page 6 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. 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. Proposed Conditions of Draft Plan Approval SP-2023-03 Page 7 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. 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. Proposed Conditions of Draft Plan Approval SP-2023-03 Page 8 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. Fire 53. 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 54. 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 55. 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. 56. 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 57. That prior to final approval, the Owner shall update The Heritage Impact Assessment for 575 Highway 7 (prepared by WSP), based on the peer review comments from Heritage Studio dated November 1, 2023. 58. That prior to final approval, A Cultural Heritage Resource Documentation Report shall be prepared for 575 Highway 7, in accordance with HABS (Historic American Buildings Survey) Guidelines for Recording Historic Structures and Sites with Measured Drawings. 59. That prior to final approval, A Commemoration Plan shall be completed for 575 Highway 7 and will incorporate comments from the November 22, 2023 Heritage Pickering Advisory Committee Meeting. The Commemoration Plan shall commemorate the heritage attributes of the property in a way that is innovative and visible from the public right of way (Highway 7). Place-Making Guidelines and Integrated Sustainable Design Standards 60. That the Owner shall ensure all development is consistent with the City of Pickering’s Sustainable Place-Making Guidelines and Council approved Integrated Sustainable Design Standards (ISDS) Checklist for Non-Residential Development (Industrial) (Council Resolution 982/22), but not limited to, all public lands to the satisfaction of the City of Pickering. Proposed Conditions of Draft Plan Approval SP-2023-03 Page 9 Plan Revisions 61. 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. 62. 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. 63. That the Owner agree to implement the requirements of all studies that are required by the City of Pickering for the development of this draft plan of subdivision to the satisfaction of the City of Pickering. Timing 64. 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 65. 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 66. 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 Proposed Conditions of Draft Plan Approval SP-2023-03 Page 10 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 67. The subdivision agreement between the Owner and the City of Pickering shall contain, among other matters, the following provisions: 68. 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. 69. That the Owner agrees to implement those noise control measures recommended in the noise report required in Condition 5. 70. 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. 71. That the Owner agrees to design and implement on-site erosion and sediment control. 72. 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. 73. 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; Proposed Conditions of Draft Plan Approval SP-2023-03 Page 11 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. calculations demonstrating how the SWM pond extended detention volume of 5,112 m3 was determined; iv. detailed design and maintenance plans for any stormwater management facilities; v. 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 vi. location and description of all outlets and other facilities including associated restoration plans which may require a permit pursuant to Conservation Authorities Act. 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. The Owner agrees to provide an updated hydrogeological report demonstrating that the underground infiltration facilities can drawdown within 48 hours, and that there is a 1-metre groundwater separation from the bottom of the facility to the measured high ground water level. d. The Owner agrees to provide the results of the monitoring for the DC-13 Wetland and a post-construction monitoring report as the information becomes available. e. The Owner shall provide site grading, construction sequencing, restoration, and erosion and sediment control plans to the satisfaction of the TRCA prior to the issuance of any permits under the Conservation Authorities Act. f. The Owner shall prepare and implement an incremental cut and fill balance of 0.3 metre intervals for the southeast corner of the site to compensate for the loss of floodplain storage. 2. 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; Proposed Conditions of Draft Plan Approval SP-2023-03 Page 12 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 eastern property boundary of Blocks 1, and 6 adjacent to the Natural Heritage System, and along the western boundary of Block 5. 3. 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. Prior to final approval, the Owner shall submit to Ministry of Transportation the final plan for their review and approval. The lands designated as sight triangles shall be shown as part of the dedicated widening Block on the final plan. The lands within the site triangles shall form part of the Highway, this is for accessibility of any required works, maintenance at al. 2. Prior to final approval, the Owner shall submit to the Ministry of Transportation for their review and approval, a copy of a Master Storm Water Management Report indicating the intended treatment of the calculated runoff. 3. Prior to final approval, the Owner shall submit to the Ministry of Transportation for their review and approval, a copy of a Master Traffic Impact Statement indicating the anticipated traffic volumes and their impact upon the highway. MTO requires Master Traffic Impact Study that complies with the Guidelines set forth in MTO’s Guidelines for Traffic Impact Statements. As this area is being intensified, particular adherence to Part 2 – Multiple Development Traffic Impact Studies Information should be followed. 4. Prior to final approval, any proposed/required widening extending across the entire highway frontage with (the exception of the proposed street entrance) will be dedicated as public highway on the owner's certificate on the final plan. 5. That prior to final approval, if the developer driven improvements are identified, the owner shall enter into a legal agreement with the Ministry of Transportation whereby the owner agrees to assume financial responsibility for the construction of the street entrance and all necessary associated highway improvements as required. Notes to Draft Approval A. Ministry of Transportation Notes to Draft Approval Site Plan comments based on the Master Conceptual Plan prepared by Baldassarra Architects Inc., dated January 2024. 1. Should the applicant propose fencing, it is subject to Ministry of Transportation review and approval. 2. Shall be noted that the fire route may be within the 14 metre setback on the condition that should the Highway be widened, and the setback be required, that the fire route can be effectively rerouted and not affect safety concerns in the case of a fire. Proposed Conditions of Draft Plan Approval SP-2023-03 Page 13 3. Consider for Site Plan Approval stage: • Seek written confirmation from local Fire Authority and provide to Ministry of Transportation. • The fire route is considered a critical item. • Typically, Ministry of Transportation does not allow retaining walls within the 14 metre setback. 4. That prior to final approval, the owner shall submit a copy of the Photometric Lighting Plan (in metric LUX units) for Ministry of Transportation review and approval. The plan must illustrate proposed lighting and any light spillage on the Provincial Highway lands & associated service roads ROW. 5. Ministry of Transportation will require for Site Plan Application, that any noise mitigation is the responsibility of the owner which includes the design and implementation. The Ministry will not be held liable for noise attenuation next to the highway which also includes its maintenance and upkeep. B. General Notes to Draft Approval 6. 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. 7. 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. 8. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 9. 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 No. PLN 12-24 Recommended Zoning By-law Amendment for Zoning By-law Amendment A 11/23 The Corporation of the City of Pickering By-law No. XXXX/24 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 11/23) Whereas the Council of The Corporation of the City of Pickering received an application to rezone portions of the subject lands being Part of 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 By-law 7364/14, as amended, is therefore deemed necessary; 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 28, Concession 5, in the City of Pickering, designated “PEG-3”, 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. By-law No. XXXX/24 Page 2 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 #4 as follows: Table 24: Permitted Use Exceptions Zone # Address Additional Uses Permitted PEG 3 SP-2023-03 A11/23 Part Lots 27 and 28, Concession 5 (575, 625 and 685 Highway 7) (south of Highway 7, north of Highway 407, east of North Road, and west of NHS) • Freezer Storage • Logistics and Distribution use • 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 Freezer Storage, or Logistics and Distribution, or 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: 4. The following site-specific exceptions shall apply to the lands zoned PEG-3: (a) Despite Section 6.4.1 – Table 23: Employment Zone Standards, a maximum front yard (5.0 metres), shall not apply to the lands zone PEG-3. (b) Despite Section 6.4.1 – Table 23: Employment Zone Standards, a maximum building height of 50 metres, exclusive of mechanical equipment and silos, shall apply to the lands zoned PEG-3. (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-3. (d) Despite Section 6.4.2, Additional Provisions, shall not apply to the lands zoned PEG-3. 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. 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. By-law No. XXXX/24 Page 3 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 27th day of May, 2024. _____________________________________ Kevin Ashe, Mayor _____________________________________ Susan Cassel, City Clerk Highway 407 No r t h R o a d Si d e l i n e 2 8 Highway 7 No r t h R o a d No r t h R o a d Highway 407 Clerk Mayor i N XXXX/24Schedule I to By-Law Passed This 27th Day of May 2024 PEG-3 549.0m PEG-3 PEG-3 832.2m 32 2 . 2 m 95 . 7 m 3 0 3 . 0 m 213 . 9 m 70 . 5 m 16.3m 8.6m 18.6m Hold Zone (See Section 11.1 of By-Law) Proposed Roads Attachment 1 to Report PLN 12-24 No r t h R o a d Highway 7 W hi tes Road Highway 407 City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: SP-2023-03, A 11/23 Date: Jul. 06, 2023 ¯ E Caplink Limited 575,625 and 685 Highway 7 Phase 2 L:\PLANNING\01-MapFiles\SP\2023\SP-2023-03, A011-23 Caplink Limited\SP-2023-03_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: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Phase 1 SubjectLands Attachment 2 to Report PLN 12-24 Highway 7 Highway 407 Si d e l i n e 2 8 EnterpriseGateway Air Photo MapFile:Applicant:Municipal Address:Date: Jul. 06, 2023 ¯ SubjectLands L:\PLANNING\01-MapFiles\SP\2023\SP-2023-03, A011-23 Caplink Limited\SP-2023-XX_AirPhoto.mxd 1:10,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural 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-2023-03, A 11/23 Caplink Limited 575,625 and 685 Highway 7 No r t h R o a d Attachment 3 to Report PLN 12-24 L:\Planning\01-MapFiles\SP\2023 August 21, 2023DATE: 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-2023-03, A 11/23 Caplink Limited 575, 625 and 685 Highway 7 N Subject Lands Attachment 4 to Report PLN 12-24 L:\Planning\01-MapFiles\SP\2023 Mar. 22, 2024DATE: Applicant: Municipal Address: File No: Submitted Concept Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2023-03, A 11/23 Caplink Limited 575, 625 and 685 Highway 7 N Attachment 5 to Report PLN 12-24 L:\Planning\01-MapFiles\SP\2023 Apr. 09, 2024DATE: Applicant: Municipal Address: File No: Submitted Draft Plan of Subdivision FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2023-03, A 11/23 Caplink Limited 575, 625 and 685 Highway 7 N Attachment 6 to Report PLN 12-24 L:\Planning\01-MapFiles\SP\2023 Mar. 22, 2024DATE: Applicant: Municipal Address: File No: Submitted Landscape Concept Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2023-03, A 11/23 Caplink Limited 575, 625 and 685 Highway 7 N Attachment 7 to Report PLN 12-24 L:\Planning\01-MapFiles\SP\2023 April 4, 2024DATE: Applicant: Municipal Address: File No: Submitted Conceptual Master Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2023-03, A 11/23 Caplink Limited 575, 625 and 685 Highway 7 N