HomeMy WebLinkAboutJanuary 16, 2013Committee of Adjustment
Agenda
Meeting Number: 1
Date: Wednesday, January 16, 2013
(I) Adoption of Agenda
(II) Adoption of Minutes from December 19, 2012
(Ill) Reports
1. PICA 01113 to PICA 08113 & PICA 11113
Maddy Developments Inc.
1290 Old Orchard Avenue
Committee of Adjustment
Agenda
Wednesday, January 16, 2013
7:00pm
Main Committee Room
Page Number
1-5
6-19
(Lot 8 and Part Lot 7 & 9, Plan 432, Part 1, 40R-27217)
City of Pickering
2. PICA 09113 -Pickering-Brock Centre Inc.
1805 Pickering Parkway
(Part Lot 17, Concession 1, Part 2, 40R-20443)
City of Pickering
(IV) Adjournment
20-24
Accessible •--
PICKE~G
For information related to accessibility requirements please contact
Lesley Dunne
T. 905.420.4660, extension 2024
TTY 905.420.1739
Email ldunne@pickering.ca
Pending Adoption
Present:
Tom Copeland
David Johnson -Chair
Eric Newton -Vice-Chair
Bill Utton
Shirley Van Steen
Also Present:
Mila Yeung, Assistant Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
(I) Adoption of Agenda
Moved by Bill Utton
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes
Wednesday, December 19, 2012 0 l
7:04pm
Main Committee Room
That the agenda for the Wednesday, December 19, 2012 meeting be adopted.
(II) Adoption of Minutes
Moved by Eric Newton
Seconded by Bill Utton
Carried Unanimously
That the minutes of the 15th meeting of the Committee of Adjustment held
Wednesday, November 28, 2012 be adopted as amended.
Carried Unanimously
1
Committee of Adjustment
Meeting Minutes
0 2 Wednesday, December 19, 2012
7:04pm
Main Committee Room
(Ill) Reports
1. PICA 63112 to PICA 70112 -Highglen Homes Limited
558-562 Rosebank Road
(Part of Lot 94, Plan 350, Part 3, Plan 40R-7465)
City of Pickering
The applicant requests relief from Zoning By-law 2511 to permit maximum lot
coverages of 38 percent and minimum side yard widths of 1.2 metres along the
length of the garage on eight proposed lots for single detached dwellings created
through land division applications (file numbers LD 076112 to LD 082112),
whereas the by-law requires a maximum lot coverage of 33 percent and a
minimum side yard width of 1.5 metres.
The applicant requests approval of these variances in order to obtain building
permits for eight proposed detached dwellings.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending approval
subject to conditions. Written comments were also received from the City's
Development Control Manager indicating the side yard widths of 1.5 metres
should be maintained adjacent to existing dwellings.
John Perciasepe, owner, was present to represent the application. John
McArthur of 545 Dahlia Crescent was present in support of the application.
Moved by Shirley Van Steen
Seconded by Tom Copeland
That application PICA 63112 to PICA 70112 by Highglen Homes Limited, be
Approved on the grounds that the maximum lot coverages of 38 percent and
minimum side yard widths of 1.2 metres on eight proposed lots for detached
dwellings are minor variances that are desirable for the appropriate development
of the land, and in keeping with the general intent and purpose of the Official
Plan and the Zoning By-law, subject to the following conditions:
1. That these variances apply only to the proposed detached dwellings, as
generally sited and outlined on the applicant's submitted plans.
2. That the side yard width of 1.2 metres is only permitted along the length of
the garage.
2
Committee of Adjustment
Meeting Minutes
Wednesday, December 19, 2012
7:04pm
Main Committee Room
3. That Land Division Applications (LD 076/12 to LD 082/12) are finalized and
the proposed lots created.
4. That the applicant obtains building permits for the proposed dwellings by
December 19, 2014, or this decision shall become null and void.
2. PICA 71/12-L. & P. Cummins
1796 Fairport Road
(Part Lot 5, Plan 820, Part 2, 40R-25432)
City of Pickering
Carried Unanimously
The applicant requests relief from Zoning By-law 3036 to permit a side yard
width of 1.2 metres to a proposed uncovered deck in the side yard, whereas the
by-law requires a side yard width of 1.8 metres.
The applicant requests approval of this variance in order to obtain a building
permit for the uncovered deck.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending approval
subject to conditions. Written comments were received from the City's
Development Control Manager expressing no concerns. Written comments were
received from the Region of Durham's Health Department indicating no objection
to the application.
Written comments were also received from Rick Naughton of 1798 Fairport Road
indicating they will not object to the application on the condition that a privacy
fence is built.
Correspondence received from Rick Naughton notes he has spoken with the
owners of the subject property and they have agreed to build a privacy fence.
Leslee Cummins, owner, was present to represent the application. Rick
Naughton was present in favour of the application providing the privacy fence is
built.
Leslee Cummins indicated she has spoken with her neighbour at 1798 Fairport
Road and has agreed to build a privacy fence that will be cost shared.
3
(l r .: 't
Committee of Adjustment
Meeting Minutes
Wednesday, December 19, 2012
7:04pm
Main Committee Room
Moved by Eric Newton
Seconded by Bill Utton
That application PICA 71/12 by L & P. Cummins, be Approved on the grounds
that the side yard width of 1.2 metres to a proposed uncovered deck in the side
yard is a minor variance that is desirable for the appropriate development of the
land, and in keeping with the general intent and purpose of the Official Plan and
the Zoning By-law, subject to the following conditions:
1. That this variance apply only to the proposed uncovered deck, as generally
sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
December 19, 2014, or this decision shall become null and void.
(IV) Other Business
1. Appointment of Chairperson
Moved by Tom Copeland
Seconded by Shirley Van Steen
Carried Unanimously
That David Johnson be appointed as Chairperson for the 2013 term.
2. Appointment of Vice Chairperson
Moved by Bill Utton
Seconded by Eric Newton
Carried Unanimously
That Shirley Van Steen be appointed as Vice Chairperson for the 2013 term.
Carried Unanimously
4
Committee of Adjustment
Meeting Minutes
Wednesday, December 19, 2012 0 5
7:04pm
Main Committee Room
(V) Adjournment
Date
Chair
Moved by Bill Utton
Seconded by Eric Newton
That the 16th meeting of the 2012 Committee of Adjustment be adjourned at
7:18 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, January 16, 2013.
Carried Unanimously
Assistant Secretary-Treasurer
5
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From: Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 01113 to PICA 08113
& PICA 11113
Meeting Date: January 16, 2013
Manager, Development Review & Urban Design
Subject: Committee of Adjustment Applications PICA 01113 to PICA 08113 and
PICA 11113
Application:
Maddy Development Inc.
1290 Old Orchard Avenue
The applicant requests relief from the following provisions of Zoning By-law 2511, as
amended by By-law 6375104 and 7201112:
• to permit covered porches to project 1.5 metres into the front yard for Lots 1 to 5,
inclusively, and Lot 16, whereas the by-law requires uncovered platforms less
than 1.0 metre in height may project 1.5 metres into the front yard
• to permit covered porches to be located 1.5 metres outside of the building
envelope for Lots 1 to 4, inclusively, whereas the by-law requires all buildings
and structures shall be located entirely within the building envelope
• to permit a front yard depth of 2.5 metres and a flankage side yard width of
1.9 metres to a covered porch for Lot 6, whereas the by-law requires a minimum
front yard depth of 6.0 metres and a minimum flankage side yard of 2.7 metres
• to permit a front yard depth of 3.9 metres and a flankage side yard width of
2.4 metres to a covered porch for Lot 15, whereas the by-law requires a minimum
front yard depth of 6.0 metres and a flankage side yard width of 2.7 metres
• to permit a building containing a water meter room and mailboxes to be located
outside the building envelope and setback 3.7 metres from the south property
line on the common element lands, whereas the by-law requires all buildings and
structures shall be located entirely within the building envelope and a minimum
south property line setback of 8.0 metres
The applicant has requested these minor variances in order to obtain building permits
for the construction of a building containing a water meter room and mailboxes, and 8
proposed detached dwellings with covered porches.
Report PICA 01113 to PICA 08113 and PICA 11113 January 16, 2013
Page 2
Recommendation:
The Planning & Development Department considers the proposed 8 lots for detached
dwellings and the common element lands requiring the following variances:
• to permit covered porches to project 1.5 metres into the front yard for Lots 1 to 5,
inclusively, and Lot 16;
• to permit covered porches to be located 1.5 metres outside of the building
envelope for Lots 1 to 4, inclusively;
• to permit a front yard depth of 2.5 metres and a flankage side yard width of
1.9 metres to a covered porch for Lot 6;
• to permit a front yard depth of 3.9 metres and a flankage side yard width of
2.4 metres to a covered porch for Lot 15; and
• to permit a building containing a water meter room and mailboxes to be located
outside the building envelope and setback 3. 7 metres from the south property
line on the common element lands,
to be minor in nature, desirable for the appropriate development of the lands, and in
keeping with the general intent and purpose of the Official Plan and the Zoning By-law,
and therefore recommends Approval of the proposed variances, subject to the
following conditions:
1. That the requested variances apply only to the building containing the meter
room and mailboxes, and on the 8 detached dwellings with the covered porches
on Lots 1 to 6, inclusively, and Lots 15 & 16, as generally sited and outlined on
the applicant's submitted plans.
2. That the applicant obtains site plan approval for the proposed development by
January 16, 2015, or this decision shall become null and void.
3. That the applicant obtains building permits for the proposed building containing
the water meter room and mailboxes, and the 8 detached dwellings with covered
porches, by January 16, 2015, or this decision shall become null and void.
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Report PICA 01/13 to PICA 08/13 and PICA 11/13 January 16, 2013
Page 3
Background:
A Draft Plan of Subdivision and a Zoning By-law Amendment were approved by Council
on March 26, 2012 to permit the development of a common element condominium
consisting of 16 lots for detached dwellings fronting on a private road. Subsequently,
the applicant has submitted a site plan application providing further details regarding lot
siting, grading, landscaping and building elevations. Upon review of the application,
staff identified several minor variances in order to facilitate the development of this
proposal. The proposed relief from the by-law deals with specific requirements
including encroachment of covered porches into the front yard, reducing the front yard
and flankage side yard setbacks, and permitting covered porches and a building
containing a meter room and mailboxes to be located outside the building envelope.
Comment:
Official Plan and Zoning By-law
Pickering Official Plan -"Urban Residential Area -Low Density Areas" within the Bay
Ridges Neighbourhood
Zoning By-law 2511 -"MD-S-SD"-6375/04 and 7201/12
Requested Variances:
Uncovered Platforms Projecting into required Front Yard (Lots 1 to 5 & 16)
• the by-law requires uncovered steps or platforms not exceeding 1.0 metre in
height above grade to project not more than 1.5 metres into the required front
yard
• the intent of this provision is to provide the opportunity for any stairs and/or a
landing platform to encroach into the front yard when needed, to ensure
adequate buffer space between buildings and street activity is provided, and to
ensure an adequate landscaped area within the front yard is also provided
• the variance for covered porches to project 1.5 metres into the front yard
provides a landing platform in the front yard, adequate buffer space between
buildings and street activity, and adequate landscaped area
• the proposed building elevations with covered porches provides an enhanced
architectural building fagade fronting onto Old Orchard Avenue and onto the
common element private road
• the proposed covered porches maintains a common and consistent streetscape
and building fagade within the entire development
• the proposed covered porches, would create a more pedestrian friendly
streetscape
Report PICA 01113 to PICA 08113 and PICA 11113 January 16, 2013
Page 4 tJ~
• staff are of the opinion that the requested variances to permit covered porches to
project into the required front yard would not have any adverse impacts on the
abutting property owners
• the intent of the by-law would be maintained
Decrease Front Yard Depth and Flankage Side Yard Width (Lots 6 & 15)
• the by-law requires a minimum front yard depth of 6.0 metres and a flankage side
yard width of 2.7 metres
• the intent of these provisions are to provide an adequate buffer space between
buildings and street activity in the front yard and in the flankage side yard, to
provide an adequate landscaped area and parking space at the front of the
property
• the proposed corner lots provides an adequate buffer space between buildings
and street activity, an adequate landscaped area and an adequate parking space
at the front of the property
• both the front yard depth and flankage side width yard variance appears to have
no adverse impact on the surrounding neighbourhood as these lots are interior to
the proposed development Lots 6 & 15 are corner lots requesting variances
reducing front yard depths and flankage side yard widths
• the requested variances for the proposed covered porches will maintain a
common and consistent streetscape and building fac;ade within the entire
development
• the intent of the by-law would be maintained
Permitting a building and covered porches to be located outside of the Building
Envelope and reduce setback to South Property Line
(Lots 1 to 4 & Common element lot)
• the intent of the building envelope restriction in the by-law is to ensure an
appropriate streetscape, adequate building setbacks and buffer space is
maintained that is compatible with the surrounding area
• the requested variances to permit covered porches to be located outside of the
building envelope will provide an enhanced front building fac;ade and streetscape
along Old Orchard Avenue
• staff are of the opinion that the requested variances of permitting covered
porches outside the building envelope would not have any adverse impacts on
surrounding properties
• the proposed building containing a meter room and mailboxes has a building
height of approximately 3.0 metres and an area of 26.2 square metres
• the-proposed building containing a meter room and mailboxes located outside of
the building envelope provides adequate buffer space and building separation
from the abutting property to the south
Report PICA 01113 to PICA 08113 and PICA 11113
J..O
January 16, 2013
Page 5
• staff are of the opinion that the requested variance to locate a building containing
a meter room and mailboxes setback 3. 7 metres from the south property line
does not appear to have any adverse impact on of the abutting property owner to
the south
• deciduous shrubs that will mature with a maximum height of 1.8 metres are
proposed in the landscaped area between the south property line and the
building containing the meter room and mailboxes to provide a buffer that will
screen and reduce the visual impact of abutting properties
• the proposed building containing the meter room and mailboxes is desirable as it
provides shelter and protection from different weather conditions and the
proposed building design is consistent with the overall development proposal
• the intent of the by-law would be maintained
Input From Other Sources
Development Control
Date of report: January 10, 2013
Comments prepared by:
~tfUlC\) ~ ~
Mila Yeung~~
Planner II
MY:NS:jf
J:\Documents\Oevelopment\D-3700\Reports\2013\pca01-13 to pca08-13 and pca11-13.doc
Enclosures
• no comments
Nilesh Su i, MCIP, RPP
Manager, Development Review & Urban Design
ST. MARTIN'S
ANGLICAN
CHURCH
FRENCHMAN'S
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REDEEMER
SEPARATE
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STREET
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION Plan 423, Lot 8, Part Lot 7, 9, 40R-27217, Part 1
OWNER Maddy Developments Inc.
FILE No, P/CA 1/13 to P/CA 08/13 & P/CA 11/13
o c ources: Teranet Enterprises Inc. end its suppliers. All rights Rl!:served. Not o plan of survey.
2012 MPAC and its suppliers. All ri hts Reserved. Not o plan of Surve .
DATE Dec. 14, 2012
SCALE 1 :5,000
DRAWN BY JB
CHECKED BY MY
PN-3
Information Compiled From
Applicant's Submitted Plan
PICA 01113 to PICA 08113 & PICA 11113 -
Maddy Developments Inc.
To permit a south
property line
setback of 3. 7
tl • ~I .... '.. • -~ .. ' ' _fJ
OLD ORCHARD AVENUE
@ To permit covered porches to project
1 .5 metres into the front yard
@ To permit covered porches to be located
outside the Building Envelope of 1.5
metres This map was produced by the City of Pickering Planning & Development
Department, Planning Information Services Mapping and Design, Dec 19,2012.
Information Compiled From
Applicant's Submitted Plan
PICA 01113 to PICA 08113 & PICA 11113 -
Maddy Developments Inc.
ELEVATION LOT 1
PICA 01/13
~t 3
This map was produced by the City of Pickering Planning & Development
Department, Planning Information Services Mapping and Design,
Dec 19, 2012.
A\ l 1.'1:
Information Compiled From
Applicant's Submitted Plan
PICA 01113 to PICA 08113 & PICA 11113 -
Maddy Developments Inc.
8 x 7' O.H. GARAGE DOOR
ELEVATION LOT 2 & 4
PICA 02113 & PICA 04113
This map was produced by the City of Pickering Planning & Development
Department, Planning Information Services Mapping and Design,
Dec 19, 2012.
Information Compiled From
Applicant's Submitted Plan
PICA 01113 to PICA 08113 & PICA 11113 -
Maddy Developments Inc.
ELEVATION LOT 3
PICA 03/13
15
This map was produced by the City of Pickering Planning & Development
Department, Planning Information Services Mapping and Design,
Dec 19, 2012.
16 Information Compiled From
Applicant's Submitted Plan
PICA 01113 to PICA 08113 & PICA 11113 -
Maddy Developments Inc.
ELEVATION LOT 5
PICA 05/13
This map was produced by the City of Pickering Planning & Development
Department, Planning Information Services Mapping and Design,
Dec 19,2012.
I
/
Information Compiled From
Applicant's Submitted Plan
PICA 01113 to PICA 08113 & PICA 11113 -
Maddy Developments Inc.
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ELEVATION LOT 15
PICA 07/13
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This map was produced by the City of Pickering Planning & Development
Department, Planning Information Services Mapping and Design,
Dec 19,2012.
18 Information Compiled From
Applicant's Submitted Plan
PICA 01113 to PICA 08113 & PICA 11113 -
Maddy Developments Inc.
ELEVATION LOT 6 & LOT
16
PICA 06113 & PICA 08113
I
This map was produced by the City of Pickering Planning & Development
Department, Planning Information Services Mapping and Design,
Dec 19, 2012.
Information Compiled From
Applicant's Submitted Plan
13
PICA 01113 to PICA 08113 & PICA 11113 -
Maddy Developments Inc.
.----3.8m ----+
RIGHT SIDE ELEVATION
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' ' ' -----,---...----,roo--
I 4--'---------6.9m -~ ____ _.
FRONT ELEVATION
MAILBOXES r-.. -........ ~ .. -•
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I 1 I 0 I 0 ' ' ' ' ._ ___ _____l: 6.9m ____ _____.
REAR ELEVATION
,.---~~---
._---3.8m ----+
LEFT SIDE ELEVATION
This map was produced by the City of Pickering Planning & Development
Department, Planning Information Services Mapping and Design, Jan 4, 2013.
20
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From:
Subject:
Application:
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 09113
Meeting Date: January 16, 2013
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 09113
Pickering-Brock Centre Inc.
1805 Pickering Parkway
The applicant requests relief from Zoning By-law 3036, as amended by By-law 6549105
and 7176111 to permit a minimum floor area for a food store of 3,900 square metres,
whereas the by-law requires that a minimum floor area for a food store of 4,515 square
metres.
The applicant requests approval of this variance in order to obtain a building permit to
facilitate the conversion of an existing commercial building into a food store.
Recommendation:
The Planning & Development Department considers the minimum floor area for a food
store of 3,900 square metres to be a minor variance that is desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of the
Official Plan and the Zoning By-law, and therefore recommends Approval of the
proposed variance, subject to the following conditions:
1. That this variance applies only to the conversion of 3,900 square metres from a
retail use to a food store within the existing building on this property, as generally
sited and outlined on the applicant's submitted plans.
2. That the applicant obtains a building permit for the proposed conversion by
January 16, 2015, or this decision shall become null and void.
Background:
The zoning provisions for the subject lands were amended by Bylaw 7176111, permitting
the expansion of the Shops at Pickering Ridge shopping centre, including the addition of
a food store use.
----------------~~~-----------------
Report PICA 09/13 January 16, 2013
Page 2
As required by the Official Plan, a peer reviewed retail impact study prepared by
urbanMetrics Inc., dated March 10, 2010 was submitted in support of the rezoning
application. The study confirmed that a large format food store is considered a normal
and compatible use in large format retail centres and that an additional food store can
be supported by the market place and would not adversely affect the planned function
or the viability of the Downtown Core or any other commercial nodes/centres in
Pickering or elsewhere in Durham Region.
The Official Plan does not include a definition for a large format food store nor is a
minimum gross floor area for a food store provided. The gross floor area of an existing
food store of 4,515 square metres located within other lands also designated Mixed Use
Area -Specialty Retailing Node was considered as a benchmark for the minimum size
of a food store. Therefore, Zoning Bylaw 7176/11 defined 4,515 square metres as the
minimum size for a food store.
The Specialty Retailing Node Development Guidelines (the Guidelines) were amended
at the same time that the zoning provisions for the subject site were amended. The
amendments included revised guidelines and tertiary plan featuring enhanced
architectural detail, landscape quality, pedestrian and transit amenities and appropriate
signage. While the Guidelines do not apply retroactively to existing development, where
lands are proposed for redevelopment, the provisions of the Guidelines will require, in
some circumstances, revisions to existing structures and development areas.
Comment:
Official Plan and Zoning By-law
Pickering Official Plan
• The property is designated as "Mixed Use Areas -Speciality Retailing Node"
within the Village East Neighbourhood in the Pickering Official Plan
• Within the "Speciality Retailing Node" designation the following are the
permissible uses:
• Hotels
• Special Purpose Commercial uses such as large format retailers
(including large format food stores and large format discount stores); retail
warehouses; membership clubs; theme and/or specialty retailers;
automotive users; and ancillary retailing of other goods and services
including restaurants
• Limited offices
• Community, cultural and recreational uses;
• Limited residential development at higher densities as a integral part of an
overall development scheme
Zoning By-law 3036 as amended by· by-law 6549/05 and 7176/11-"MU-SRM-1"
21
22
Report PICA 09/13 January 16, 2013
Page 3
Appropriateness of the Application
• the intent of the Specialty Retailing Node designation policies of the Pickering
Official Plan is to ensure that the amount and type of the retail floor space will not
adversely impact the planned function of Pickering's Downtown Core,
Community Nodes, or the nearby Main Central Areas in other municipalities in
the Region
• while the intent of the minimum floor area for a food store use in the zoning bylaw
is to ensure compliance with the Pickering Official Plan's large format food store
use, the Official Plan does not define large format food store nor provides
guidance regarding a minimum size
• however, the peer reviewed market study confirmed that an additional food store
can be supported by the market place and that the addition of a food store as
small as 2,787 square metres would not adversely affect the planned function or
the viability of the Downtown Core or any other commercial nodes/centres in
Pickering or elsewhere in Durham Region
• staff are of the opinion that the requested variance to reduce the permitted
minimum floor area for a food store use from 4,515 square metres to 3,900
square metres is intended to facilitate the conversion of an existing commercial
building (see attached site plan) to a food store and is considered minor in nature
and desirable for the appropriate development or use the land, building or
structure
• the requested variance of a minimum floor area for a food store of 3,900 square
metres is in keeping with the general intent and purpose of the Official Plan and
Zoning Bylaw
• the conversion from retail use to food store use may require site plan approval in
the future
Input From Other Sources
Toronto and Region Conservation
Authority
Development Control
Date of report: January 10, 2013
Comments,prepared by: ~4//;}
Deborah Wyli~v
Senior Planner -Policy
DW:NS:jf
J:\Documents\Development\D-3700\Reports\2013\pca09-13.doc
Enclosures
• no objections
• no comments
' Nilesh Su i, MCIP, RPP
Manager, Development Review & Urban Design
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Planning & Development Department
PROPERTY DESCRIPTION Concession 1, Pt lot 17, 40R-20443, Part 2
OWNER Pickering-Brock Centre Inc. DATE Dec. 18, 2012 DRAWNBY JB
FILE No. P/CA 09/13 SCALE 1 :5,000 CHECKED BY MY
PN-9
I'
Information Compiled From
Applicant's Submitted Plan
PICA 09/13
Pickering Brock Centre Inc.
To permit a minimum floor
area for a food store of 3,900
square metres.
This map was produced by the City of Pickering Planning & Development
Department. Planning Information Services Mapping and Design,
Dec 20,2012.