HomeMy WebLinkAboutInformation Report 11-17PICKERING
C4 661
Information Report to
Planning & Development Committee
Report Number: 11-17
Date: December 4, 2017
From: Catherine Rose, MCIP, RPP
Chief Planner
Subject: Zoning By-law Amendment Application A 08/17
Averton (Brock) Limited
Blocks 1, 2, 3 and 4, Plan 40M-2568
(Brock Road and Rex Heath Drive)
1. Purpose of this Report
The purpose of this report is to provide preliminary information regarding a Zoning By-law
Amendment application, submitted by Averton (Brock) Limited, to facilitate a high density
residential condominium development. This report contains general information on the
applicable Official Plan and other related policies, and identifies matters raised to date.
This report is intended to assist members of the public and other interested stakeholders to
understand the proposal. The Planning & Development Committee will hear public
delegations on the application, ask questions of clarification, and identify any planning
issues. This report is for information and no decision on this application is being made at
this time. Staff will bring forward a recommendation report for consideration by the
Planning & Development Committee upon completion of a comprehensive evaluation of the
proposal.
2. Property Location and Description
The subject lands are located east of Brock Road, west of William Jackson Drive, and on
the north and south sides of Rex Heath Drive within the Duffin Heights Neighbourhood
(see Location Map, Attachment #1). The subject lands, which comprise four blocks having
a combined area of approximately 5.3 hectares, with frontages along Brock Road, William
Jackson Drive and Rex Heath Drive (see Aerial Photo Map, Attachment #2).
Surrounding land uses include:
North: A mixed of single, semi-detached and townhouse units, and a vacant parcel of
land having an area of approximately 0.3 of a hectare with frontage along
Brock Road and Carousel Drive.
East: Across William Jackson Drive are vacant lands owned by Infrastructure Ontario,
which are zoned for a future elementary school. The Durham Catholic Distract
School Board has advised that the school site is no longer required.
Infrastructure Ontario is currently in the process of selling these lands. Other
uses on the east of William Jackson Drive include a mix of single, semi-detached
and townhouse units, Creekside Neighbourhood Park and the Pickering Golf Club.
Information Report No. 11-17 Page 2
South: Vacant lands for which the City has received a Site Plan application, submitted
by 1320991 Ontario Ltd. (Lebovic Enterprises Ltd.), to permit a residential
condominium development consisting of 27 stacked units along Brock Road and
20 townhouse units. Further south is a hydro corridor.
West: Across Brock Road, vacant City owned lands located at the northwest and
southwest corners of Brock Road and Zents Drive, which are designated as
"Mixed Corridors" within the City's Official Plan. The lands at the northwest
corner of Brock Road and Zents Drive are planned for a future Fire Hall.
3. Original Approvals
In 2014, Council approved applications for Zoning By-law Amendment and Draft Plan of
Subdivision, submitted by Averton, for the subject lands. The approvals included the
development of four blocks for residential uses to be developed in four separate phases.
The overall approval included: two 8 storey mixed use apartment buildings with grade
related commercial uses, and 4 storey stacked back-to-back townhouse blocks with
integrated underground parking garages along the Brock Road frontage, and a mix of
back-to-back townhouses and stacked townhouses on the remaining lands.
In 2016, Averton received Site Plan Approval for Phase 1 (Block 1), which is currently
under construction, to permit a total of 184 units consisting of stacked back-to-back
townhouses and back-to-back townhouses. In October 2017, the City issued Site Plan
Approval for Phase 2 (Block 2), which includes a total of 102 units consisting of stacked
units and back-to-back townhouses.
4. Current Proposal
The applicant has submitted a Zoning By-law Amendment application requesting certain
changes to the originally approved zoning by-law. Specifically, the applicant proposes to
utilize the Bonus Zoning provisions of the City's Official Plan to increase the maximum
permitted density beyond what is allowed by the Official Plan and increase the maximum
height of the buildings beyond what is permitted by the current Zoning By-law, in exchange
for the provisions of a community benefit under Section 37 of the Planning Act.
The applicant has requested the following specific amendments:
• increase the maximum residential density of the development beyond what is permitted
by the City's Official Plan, from 140 units per net hectare to 148 units per net hectare, in
exchange for the provisions of a community benefit under Section 37 of the Planning Act;
• increase the maximum height for apartment buildings beyond what is permitted by the
current Zoning By-law, from 26.0 metres (8 storeys) to 67.0 metres (21 storeys), in
exchange for the provision of a community benefit under Section 37 of the Planning Act;
• reduce the minimum gross leasable floor area for all non-residential uses in an
apartment building as permitted by the current Zoning By-law, from 1,000 square metres
to 400 square metres; and
• reduce the minimum building step -back provisions required for the portion of the
apartment building facing Brock Road as permitted by the current Zoning By-law from
3.0 metres between the 3
rd and 8th storey to 1.0 metre between the 3rd and 21St storey.
Information Report No. 11-17
Page 3
These amendments are to facilitate a residential condominium development proposing two
apartment buildings having maximum building heights of 16 and 21 storeys containing a
total of 351 apartment units, with approximately 800 square metres of grade related
commercial space (see Submitted Conceptual Site Plan and Submitted Conceptual
Rendering, Attachments #3 and #4). In addition, the applicant proposes 150 back-to-back
stacked townhouse units. A total of 501 units are proposed within Phases 3 and 4.
The table below compares the type of units and the unit counts for the previously approved
development and for the current proposal.
Phases
Original Approval
Current Proposal
Unit Type
Units
Unit Type
Units
1
(site plan
approved)
back-to-back
townhouses
66
No change
stacked back-to-back
townhouses
118
2
(site plan
approved)
back-to-back
townhouses
48
No change
stacked
54
3
stacked back-to-back
townhouses
60
stacked back-to-back
townhouses
44
apartment units
104
apartments
157
4
stacked back-to-back
townhouses
11 a
stacked back-to-back
townhouses
106
apartments
134
apartments
194
Total
Number of
Units
694 units
787 units
The current proposal will result in an increase in the total number of residential units by
93 units over the original proposal, all consisting of apartment units.
For residential uses within Phases 3 and 4 (stacked back-to-back townhouses and
apartments), the current zoning by-law requires that parking be provided at a minimum rate
of 1.0 parking space per dwelling unit, plus an additional 0.2 of a parking space per.
dwelling unit for visitors. Based on these rates, the applicant is required to provide a
minimum of 501 parking spaces for residents and 100 parking spaces for visitors. The
applicant is proposing a total of 627 spaces for residents (an additional 126 parking spaces
over the by-law requirements) and 101 parking spaces for visitors all located within an
underground parking structure. The applicant has advised that it has not been determined
at this time whether the additional parking spaces will be sold to residents if they wish to
purchase an additional space, or whether they will be offered to purchasers based on the
number of bedrooms.
Information Report No. 11-17 Page 4
For non-residential uses, the current zoning by-law requires parking to be provided at a
minimum rate of 4.0 parking spaces per 100 square metres of gross leasable floor area.
Based on this rate, 32 parking spaces are required to support the commercial uses. A total
of 24 surface parking spaces are provided. The additional 8 required parking spaces will
be located within the underground parking structure.
Phases 3 and 4 will be subject to site plan approval.
5. Policy Framework
5.1 Durham Regional Official Plan
The subject lands are designated as "Living Areas" with a "Regional Corridor" overlay in the
Durham Regional Official Plan. Lands within this designation are predominately intended
for housing purposes. In addition, limited office development and limited retailing of goods
and services, in appropriate locations, as components of mixed use developments, are
permitted. In the consideration of development proposals, regard shall be had to achieving
a compact urban form, including intensive residential, office, retail and service, and mixed
uses along arterial roads, in conjunction with present and potential transit facilities.
Regional Corridors shall be planned and developed in accordance with the underlying land
use designation, as higher density mixed-use areas, supporting higher order transit
services and pedestrian oriented design. Regional Corridors are intended to support an
overall, Tong -term density target of at least 60 residential units per gross hectare and a
floor -space index of 2.5, with a wide variety of building forms, generally mid -rise in height,
with some higher buildings, as detailed in municipal official plans.
The application will be assessed against the policies and provisions of the Regional Official
Plan during the further processing of the applications.
5.2 Pickering Official Plan
The subject lands are located within the Duffin Heights Neighbourhood and are designated
"Mixed Use Areas — Mixed Corridors". Mixed Use Areas are recognized as lands that have
or are intended to have the widest variety of uses and highest levels of activity in the City.
The Mixed Corridors designation is intended primarily for residential, retail, community,
cultural and recreational uses at a scale serving the community.
Minimum and maximum residential densities are established for Mixed Corridors. The
permitted density range for lands within this designation is over 30 units and up to and
including 140 units per net hectare. The following table outlines the maximum permissible
and proposed density for the development.
Units per Net
Hectare
Resulting total number of
units for Averton Lands
Maximum permitted density by the City's
Official Plan
140 units/ha
742 units
Proposed Maximum Density
148 units/ha
787 units
Difference between maximum permitted
density and proposed density
additional
8 units/ha
additional
45 units
Information Report No. 11-17 Page 5
As noted in Section 4 of this report, the applicant originally proposed a total of 694 units.
Under the current official plan policies, it is permissible for Averton to have a maximum of
742 residential units within the four phases.
To facilitate the new proposal, the applicant is requesting an increase in the maximum
permitted density by 8 units per net hectare, which results in an additional 45 units beyond
the maximum permitted density within the City's Official Plan. Notwithstanding the unit
increase requested, the Official Plan contains policy that residential densities may be
restricted below the maximum density to address concerns related to such matters as
design, compatibility and scale of development, and in response to provisions specified in
the Neighbourhood Plan.
The applicant's proposal will be reviewed in detail for conformity with the policies of the
City's Official Plan.
5.3 Bonus Zoning Policies
Section 37 of the Planning Act authorizes municipalities with appropriate Official Plan
provisions to pass zoning by-laws for increases in height or density beyond what is
permitted by the zoning by-law, in return for the provision by the applicant of community
benefits. The City's Official Plan contains such policy provisions which permit City Council
to pass by-laws that grant an increase in height of a building or an increase in density not
exceeding 25 percent of the density permitted by the Official Plan providing:
• the density or height bonus is given only in return for the provision of specific services,
facilities or matters as specified in the by-law, such as but not limited to: additional open
space or community facilities, assisted or special needs housing, the preservation of
heritage buildings or structures, or the preservation of natural heritage features and
functions
• when considering an increase in density or height, and allowing the provision of
benefits off-site, the positive impacts of the exchange should benefit the social/cultural,
environmental and economic health of surrounding areas experiencing the increased
height and/or density
a the effects of the density or height bonus have been reviewed and determined by
Council to be in conformity with the general intent of the Official Plan, by considering
matters such as:
® the suitability of the site for the proposed increase in density and/or height in terms
of parking, landscaping, and other site-specific requirements
▪ the compatibility of any increase in density and/or height with the character of the
surrounding neighbourhood; and
• as a condition of granting a density or height bonus, the City requires the benefiting
landowner(s) to enter into one or more agreements, registered against the title of the
lands, dealing with the provision and timing of specific facilities, services or matters to
be provided in return for the bonus
Information Report No. 11-17 Page 6
Averton is proposing to use the Bonus Zoning provisions of the City's Official Plan to permit
an additional 45 units beyond the maximum permitted density by the Official Plan and
increase the maximum height of the buildings beyond what is permitted by the current
Zoning By-law.
The City is currently assessing the appropriateness of the applicant's request to use the
density bonus provisions of the Official Plan to increase the permit density and building
height.
5.4 Duffin Heights Neighbourhood Policies
Official Plan policies for the Mixed Use Areas -- Mixed Corridors designation in this
neighbourhood require higher intensity multi -unit housing forms on lands adjacent to
Brock Road and restrict grade related residential development to lands adjacent to
collector or local roads. The subject lands are located at the intersection of Brock Road
and Rex Heath Drive, which has been identified as a Focal Point within the Duffin Heights
Neighbourhood. Development within Focal Points is to contribute to the prominence of the
intersection by requiring:
• the inclusion of appropriate provisions in the implementing zoning by-law to address
such matters as the location and extent of build -to -zones, mix of permitted uses, and
required building articulation, and
• the use of other site development features such as building design, building material,
architectural features or structures, landscaping, public art and public realm
enhancements such as squares or landscaped seating areas to help achieve focal point
prominence
5.5 Duffin Heights Neighbourhood Development Guidelines
The intent of the Duffin Heights Neighbourhood Development Guidelines is to further the
objectives of the Official Plan and to achieve the following design objectives for the
neighbourhood:
• to create a streetscape which is attractive, safe and encourages social interaction within
the neighbourhood
• to establish a central focus to the neighbourhood which is safe, lively and attractive
• to provide a diversity of uses to support neighbourhood and City functions
The subject lands are delineated as Brock Road Streetscape on the Tertiary Plan, which
encourages higher density, mid -rise and mixed use buildings with a high level of
architectural quality. The Tertiary Plan also identifies the intersection of Brock Road and
Rex Heath Drive as a focal point that will require special design considerations through the
use of appropriate building heights, massing, architectural features and landscaping in
order to establish a prominent image at these intersections. Guidelines for Brock Road
Streetscape require that Targe walls visible from Brock Road to be articulated through
various treatments such as offsets in massing. Blank facades will not be permitted facing
Brock Road or any street.
Information Report No. 11-17 Page 7
The application will be assessed against the Duffin Heights Neighbourhood policies and
Neighbourhood Guidelines and provisions of the Pickering Official Plan during the further
processing of the application.
5.6 Zoning Bylaw 3037
Blocks 1 and 2 are currently zoned MU -MD -1 and Blocks 3 and 4 are zoned MU -28 within
Zoning By-law 3037, as amended by By-law 7444/15. The MU -MD -1 zone category permits
stacked townhouse, back-to-back townhouse and back-to-back stacked townhouse. The
lands zoned MU -28 permits all of the uses in MU -MD -1 as well as apartments and a range of
commercial uses.
The applicant is requesting to amend the site specific zoning by-law to establish a
maximum density beyond what is permitted by the City's Official Plan, increase the
maximum building height for an apartment building, reduce the minimum gross leasable
floor area for non-residential uses within an apartment building, and reduce the minimum
building step -back required above the 3rd storey.
6. Comments Received
6.1 Public comments from public open house meeting and written submissions
On October 16, 2017, a Public Open House meeting was hosted by the City Development
Department to inform area residents about the development proposal. Approximately
15 households (approximately 25 to 30 people) attended the Open House meeting. The
following is a list of key concerns that were verbally expressed by area residents at the
meeting and written submissions received from approximately 15 residents:
® opposed to the applicant proposing the use of the Bonus Zoning provisions of the City's
Official Plan which would allow additional units beyond the maximum permitted density by
the Official Plan and opposed to the increase in the maximum height of the buildings
beyond what is permitted by the Zoning By-law
• questioned what the community benefit will be if the City supports the Bonus Zoning
request
• questioned why the applicant would not design the building to meet the current City
policies
• concerned that the proposed tower heights of 16 and 21 storeys are out of character with
the surrounding community
® concerned that the proposed tower heights will permit residents to overlook into
backyards and have shadow impacts
• concerned that the proposal will increase traffic congestion in the area and concerned for
the safety of children
• concerned that there is not a sufficient number of resident and visitor parking proposed to
support the development and there will be overflow parking on neighbouring streets
• concerned that the proposed development does not provide a sufficient amount of land
dedicated to park space
• concerned about the overall lack of available parkland and community facilities for area
residents on the east side of Brock Road
• commented that the City's notification radius is too small and should be increased to
notify a larger number of residents
Information Report No. 11-17 Page 8
6.2 City Department Comments
Engineering Services
The Engineering Services Department have reviewed the rezoning application and have no
comments or concerns.
6.3 Agency Comments
As of the writing of this report, no comments or concerns have been received.
7. Planning & Design Section Comments
The following is a summary of key concerns/issues or matters of importance raised to date.
These matters, and other identified through the circulation and detailed review of the
proposal, are required to be addressed by the applicant prior to a final recommendation
report to Planning & Development Committee:
• ensure conformity with the City's Official Plan and Duffin Heights Neighbourhood
policies
• assess the suitability and appropriateness of the site for the proposed increase in
building height and density
• assess any potential shadow impacts from the proposed 16 and 21 storey buildings on
the surrounding community
• determine the specific community benefit that the applicant proposes for the additional
increase in building height and density, and its suitability for the community
• ensure the proposal addresses the goals and objectives of the Duffin Heights
Neighbourhood Development Guidelines with respect to building siting and setbacks,
building heights and massing, architectural features and materials, landscaping, outdoor
open space, and pedestrian connectivity within and external to the site
• review the applicant's request to decrease the building step -back from 3.0 metres to
1,0 metre on buildings proposed to be 16 and 21 storeys in height
• review whether additional parkland is needed on the east side of Brock Road to support
the additional population anticipated in the Duffin Heights Neighbourhood
• assess whether additional parkland dedication should be collected on a per unit basis
for Phases 3 and 4
• review the applicant's request to reduce the minimum gross leasable floor area for
commercial uses to ensure that sufficient opportunity is available in the Duffin Heights
Neighbourhood to provide commercial uses to service the area residents, and ensure
the mixed use requirements within the Brock Road corridor is in conformity with the
direction of the Region of Durham's and the City's Official Plan
• assess whether the additional residential units will have any traffic impacts on
Brock Road and surrounding road network
• ensure sufficient parking is provided for residents, visitors and commercial uses to
support the mixed use development
• further issues may be identified following receipt and review of comments from the
circulated departments, agencies and public
Information Report No. 11-17 Page 9
The City Development Department will conclude its position on the applications after it has
received and assessed comments from the circulated department, agencies and public.
8. Information Received
Copies of the plans and studies listed below are available for viewing on the City's website
at pickering.ca/devapp or in person at the offices of the City of Pickering, City Development
Department:
• Planning Rationale Report, prepared by The Biglieri Group Ltd., dated July, 2017
• Addendum Letter #2 to the Environmental Noise Assessment, prepared by Valcoustics,
dated June 19, 2017
• Stormwater Management Letter, prepared by Sabourin Kimble & Associates, dated
May 29, 2017
• Geotechnical Investigation Report, prepared by Alston Associates, dated June 5, 2017
• Soil and Groundwater Condition Letter, prepared by Alton Associates, dated May 30, 2017
• Traffic Study Addendum, prepared by BA Group, dated June 20, 2017
9. Procedural Information
9.1 General
• written comments regarding this proposal should be directed to the City Development
Department
• oral comments may be made at the Public Information Meeting
• all comments received will be noted and used as input to a Planning Report prepared by
the City Development Department for a subsequent meeting of Council or a Committee
of Council
• any member of the public who wishes to reserve the option to appeal Council's decision
must provide comments to the City before Council adopts any by-law for this proposal
• any member of the public who wishes to be notified of Council's decision regarding this
proposal must request such in writing to the City Clerk
10. Owner/Applicant Information
The owner of this property is Averton (Brock) Limited and represented by The Biglieri
Group.
Information Report No. 11-17 Page 10
Attachments
1. Location Map
2. Aerial Photo Map
3. Submitted Conceptual Site Plan
4. Submitted Conceptual Rendering
Prepared By: ApprovedlEndorsed By:
Cristina Celebre, MCIP, RPP Catherine Rose, MCIP, RPP
Principal Planner, Development Review Chief Planner
•
Nilesh Surti, MCIP, RPP
Manager, Development Review
& Urban Design
CC:Id
Date of Report: November 17, 2017
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Applicant:Averton (Brock) Limited
Property Description: Block 1,2,3 and 4, Plan 40M-2568
Date: Nov. 15, 2017
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Submitted Conceptual Site Plan
File No: A 08/17
Applicant: Averton (Brock) Limited
Property Description: Blocks 1,2,3 and 4, Plan 40M-2568
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
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City Development
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Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
®ATE: Nov 15, 201 i