HomeMy WebLinkAboutPD-81-99 THE CORPORATION OFTHE MUNICIPALITY OF CAALINGTON
DN: PD-81-99
a
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, July 5, 1999 Res. #eo�P/q- 37x- 1
Report #: PD-81-99 File#: 18T-88047; DEV 92-006 By-law#qq,04
Subject: AMENDMENT TO CONDITIONS OF DRAFT APPROVAL AND REZONING
APPLICATION - APPLICANT: GREEN-MARTIN HOLDINGS LTD.
PART LOT 17, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
SOUTH OF HIGHWAY 2 AND WEST OF GREEN ROAD
FILE NO.: DEV 92-006; 18T-88047 (REVISION NO. 3)
Recommendations:
it is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-81-99 be received; `
2. THAT the proposed amendment to Plan of Subdivision 18T-88047 dated May 19, 1999, as
per Attachment No. 3 be APPROVED subject to conditions contained in this Report;
3. THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement
between the Owner and the Municipality of Clarington at such time as the agreement has
been finalized to the satisfaction of the Director of Public Works and the Director of
Planning;
4. THAT the application to amend Comprehensive Zoning By-law 8463, as amended, of the
former Town of Newcastle, be APPROVED and the "Holding (H)" symbol be removed by
By-law upon execution of a Subdivision Agreement;
5. THAT the Region of Durham be requested to close proposed plan of subdivision
appl ication l 8T-92002;
6. THAT a copy of the Report and Council's decision be forwarded to the Region of Durham
Planning Department; and
7. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
673
REPORT PD-81-99 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Green-Martin Holdings Ltd.
1.2 Agent: Design Plan Services Inc.
1.3 Rezoning Application:
from "Agricultural (A)" to an appropriate zone to permit urban residential
development in accordance with the revised plan of subdivision.
1.4 Red-line Revision to Draft Approved:
i) add 1.843 ha of land to the previously draft approved plan of subdivision 18T-
88047 and amend the lotting pattern immediately surrounding the additional land
to accommodate the revised road network and 20, 15.0 metre minimum frontage
single detached dwelling lots and 17, 12.0 metre minimum frontage single detached
dwelling lots;
ii) amend the lotting on what was draft approved as Street H, now shown as Oxley
Court to make it a permanent cul-de-sac, as opposed to a possible future connection
to the west;
iii) modify the road allowance width and adjacent lotting for Street E, Rustwood Street,
to permit a temporary turning circle within the road allowance without need for
freezing lots from building permit availability; and
iv) re-lot nine, 12.0 metre minimum frontage lots and two, 15.0 metre minimum
frontage lots to permit the development of nine, 15.0 metre minimum frontage lots,
a reduction of two units.
Unit Type Existing Proposed Revisions Net Change
Draft Approval to Draft Approval (in units)
15.0 m single, 30 59 29 increase
13.5 m single 64 53 11 decrease
12.O m single 128 127 1 decrease
18.O m single 112 112 none
(9.0 m unit)
6.0 m townhouse 86 86 none
Total 420 437 17 increase
Land Area 30.17 ha 32.0 ha 1.843 ha increase
2. LOCATION
2.1 The subject property is located in Part Lot 17, Concession 1, former Township of
Darlington. The lands are located south of Highway 2, west of Green Road and abutting
the north side of the Canadian Pacific Railway right-of-way. The lands being added by the
red-line revision has no frontage on existing roads, but would provide the continuation of
road patterns previously draft approved in Plan of Subdivision 18T-88047 to the north.
674
REPORT PD-81-99 PAGE 3
3. BACKGROUND
3.1 In 1988 applications for rezoning and proposed plan of subdivision (18T-88047) were
submitted for approval. Council approved the rezoning and recommended approval of the
proposed plan of subdivision in October 1989. The approval did not include the lands
proposed to be added through the red-line revision. These lands were considered to be
beyond the Bowmanville Urban Area boundary as depicted in both the Durham Regional
Official Plan and the former Town of Newcastle Official Plan.
3.2 Both the Region of Durham and the Municipality of Clarington considered the applications '
for amendment to the official plans through the approval of the new Region of Durham
Official Plan in July 1993, and the Clarington Official Plan, October 1996. In both
situations the western boundary of the Bowmanville Urban Area was amended to include
all of the lands subject to the rezoning and proposed plan of subdivision application 18T-
92002 (See Attachment No. 1) Draft Plan of Subdivision 18T-92002 proposed 23, 12.0
metre minimum frontage single detached dwelling units.
3.3 In January 1998 the Region of Durham Planning Department forwarded a request for
comments for a proposed revision to draft approval of 1877 88047. The proposed revision
to draft approval was for the same land area as applicat'i'on 18T-92002. The landowner
advised he wished to abandon application 18T-92002 and proceed with an amendment to
the Draft Approved Plan 18T-88047. This would permit,a more comprehensive review of
the subdivision, now that all the lands were within the urban area boundary.
3.4 The application to amend draft approval proposes to increase the land area of the draft
approved plan 08T-88047) by 1.84 ha. This land area, together with the land area of 17,
draft approved, 12.0 metre minimum frontage lot, proposes to be developed with both,
12.0 and 15.0 metre minimum frontage lots. In addition, the applicant has requested a
number of other lotting revisions to better accommodate temporary turning circles,
permanent turning circles and a lot frontage increase.
675
REPORT PD-81-99 PAGE 4
3.5 A Public Meeting, in accordance with the requirements of the Planning Act was held for
the rezoning application April 6, 1992. No one spoke at the meeting with the exception of
' the agent. Although some time has passed since that meeting, the proposal maintains a
similar housing style and density to what was originally applied for. As a result a further
public meeting was not deemed necessary.
3.6 The applicant recently submitted an updated noise attenuation report for all the lots
impacted by noise from the CPR line to the south and Green Road to the east. The report
identifies the anticipated noise levels from all sources, and the lots exceeding the Ministry
of Environment guidelines without noise mitigation measures installed. The study provides
various recommendations to ensure all lots meet the Ministry of Environment and the
Region of Durham.
4. EXISTING AND SURROUNDING USES
4.1 The existing site is currently vacant and is traversed by an intermittent watercourse in the
south east corner of the site.
4.2 Surrounding land uses are as follows:
South - the Canadian Pacific Railway right-of-way and vacant agricultural land
subject to development applications.
West - agricultural land with farm related structures
North - new residential development as part of phase 1 of the Clarington
Corners subdivision (18T-88047), Highway 2 and limited existing
residential
East - limited existing residential fronting on Green Road.
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan the subject property is designated Living Area.
This designation permits the development of communities with defined boundaries,
incorporating the widest possible variety of housing types, sizes and tenure. The
application appears to conform.
676
i
T L
REPORT PD-81-99 PAGE 5
5.2 Within the Clarington Official Plan the subject lands are designated Urban Residential
within the Darlington Green Neighbourhood. The neighbourhood has a housing target of
1000 and a population target of 2800, while the low density residential category allows up
to 30 units per net ha. The lands proposed to be added to the draft approved plan of
subdivision together with the 17 lots which are being re-lotted provide a density of 16.8
units per net ha. The application complies with the provisions of the Official Plan.
6. ZONING
6.1 The current zoning on the subject property that is being added to the draft approved plan
of subdivision is zoned "Agricultural (A)". The proposed residential dwelling units would
not be permitted to develop within this zone, hence the amending application.
7. AGENCY COMMENTS
7.1 In accordance with departmental procedure the subject application was circulated to a
number of agencies and departments for comment. The proposed revision to Draft
Approval had a more limited circulation, however agency comments from the initial
circulation of 18T-92002 have been included in this report. Ontario Hydro, Peterborough
Victoria Northumberland and Clarington Separate School Board advised they have no
objection to the proposed rezoning and plan of subdivision.
7.2 Public Works Department, Engineering Division, have reviewed the applications and have
advised that they have no objection subject to a number of conditions of draft approval.
Public Works notes the proposed red-line revisions increase the width of the right-of-way at
the west limit of Rustwood Street. These changes improve the snow clearing access
fronting Lot 98 and permit the installation of a turning circle within the right-of-way,
thereby allowing building permits to be released for adjacent lots. The following
represents some of the conditions of Draft Approval requested by the Engineering Division:
i) the applicant is required to construct all storm drainage works in accordance with
the Westside Creek Master Drainage Study, as finally approved by the Director of
Public Works;
ii) that the culvert beneath the C.P.R. is replaced with an oversized culvert to facilitate
post development flow;
677
REPORT PD-81-99 PAGE 6
iii) that noise attenuation abutting the C.P.R. is proposed and designed in a manner
acceptable to the Director of Public Works;
iv) warning clauses must be registered against title advising that due to grading
` constraints adjacent to the C.P.R. land, rear yard slopes exceed the Municipality's
maximum grade;
V) that the applicant provide the Director of Public Works a Stormwater Management
Implementation Report which provides for the sequential construction of the
stormwater management works;
vi) that the applicant enter into a front ending agreement with the Municipality for the
construction of oversized external stormwater management works, as specified in
the Westcreek Master Drainage Study;
vii) that the applicant's engineer prepare a Lot Grading and Drainage Plan that details
the configuration of the on-site storm sewer system and the conveyance of the
overland flow from the site; and
viii) the owner obtain written permission to grade an adjacent land.
7.3 The Public Works Department, Parks Division has advised that cash-in-lieu of parkland
dedication for the additional lands (1.84 ha) being added to the proposed plan of
subdivision is required.
7.4 The Fire Department advised that they have no objection to the development. However,
access routes and adequate water for firefighting purposes must be in place, prior to any
permits being issued.
7.5 The Central Lake Ontario Conservation staff provided comments advising that a watershed
based Master Drainage Plan has been completed for the area. The study imposes specific
requirements on the development of these lands which should be included as conditions of
draft approval. Conservation Authority Staff advise that if the proposed amendment is
approved, it would necessitate revisions to the detailed engineering for Phase IL
7.6 C.P. Rail Systems provided comments advising that they are not in favour of residential
developments adjacent to their right-of-way. However, if this proposal is supported by the
Municipality they request a number of conditions of approval be imposed. The conditions
requested speak to the issue of noise attenuation fencing and berming, clauses to be
contained in the purchase and sale agreements, setback requirements and property line
fencing.
678
REPORT PD-81-99 PAGE 7
7.7 Region of Durham Works Department advised that municipal water and sanitary sewer are
contingent on extension of services through other phases of 18T-88047. The Region has no
objection provided the development occurs sequentially.
7.8 The Public School Board advised that the proposed 23 units would yield approximately 7
students. These students will be bused to school until a school can be built on the
development to the south.
7.9 The Ministry of Culture and Communications identified the land area being added to the
draft approved plan of subdivision as having a moderate to high potential for the discovery
of archaeological remains. Consequently, an archaeological assessment is required to be
completed prior to any earth disturbance being done, and that their standard conditions be
imposed.
7.10 The Ministry of Natural Resources provided comments on this application prior to
transferring responsibility to the Municipality and the Central Lake Ontario Conservation.
The subject lands were identified as draining towards a West Creek Beach wetland, a class
2 wetland on the shore of Lake Ontario. The wetland is a habitat for various fish species
and must be protected from the eff ects of upstream development activity. The Ministry
expressed no objection subject to a number of conditions to be included in the draft
approval and subsequent subdivision agreement.
8. STAFF COMMENTS
8.1 The subject property is located in the Darlington-Green Neighbourhood. The lands subject
to the application are located in the north half of the neighbourhood and abut the west
limits of the Bowmanville Urban Area and the north side of the C.P.R. line. The additional
1.84 ha of land and revised lots adjacent thereto have a net density of 16.8 units per ha
and comply with the population targets for the neighbourhood.
679
REPORT PD-81-99 PAGE 8
8.2 The major component of the proposed red-line revision is the addition of the 1.8 ha of land
and associated lotting changes. The proposed street pattern, in the lands being added,
allows for the possibility of an expansion to the Bowmanville Urban Area boundary in the
future, as well as mid-way between Highway 2 and the railway. In addition, the proposed
new lots provide a mix of 12.0 m (40 ft.) minimum frontage and 15.0 m (50 ft.) minimum
frontage lots, providing ample opportunity for both on-street and on-site parking. The other
proposed revisions, larger lots and tum-around facilities, also appear to have a positive
impact on the on-street parking possibilities. Through the conditions of draft approval, the
owner/developer will be required to provide two (2) outdoor parking spaces for lots 322 to
359 inclusive and any phases of development registered after January 1, 2000.
8.3 Noise attenuation for the land has been addressed in an addendum noise impact report
submitted in support of 18T-88047 and the proposed revisions thereto. The report suggests
that a berm and noise fence combination is required for the lots adjacent to the railway to
achieve the Ministry of Environment standards. Staff find the noise attenuation report
acceptable. Public Works staff advises that the grading associated with the berm may
create slopes exceeding the Municipality's maximum grade standard on some lots. They
have therefore asked that a warning clause be incorporated in all purchase and sale
agreements advising of these concerns.
8.4 The noise report suggests a number of conditions to be incorporated in the draft approval
including fence — berm requirements. The fencing is suggested to vary from 1.2 metres to
2.5 metres. Other requirements include provision for air conditioning on some lots and
forced air systems on other lots and various levels of window glazing. The noise study
suggests a noise fence location which is not on the rear property line. The consultant has
provided a fence design which permits access to that portion of the lot between the fence
and the rear property line for each home owner.
9. CONCLUSION
9.1 The proposed red-line revisions to the Draft Approved Plan of subdivision are compatible
with the previous draft approval, and all servicing and noise issues have been satisfactorily
680
REPORT PD-81-99 PAGE 9
addressed. Staff recommends that the Municipality support the proposed red-line revisions
to Draft Approved Plan of Subdivision application, 18T-88047, subject to the conditions of
draft approval contained in Attachment No. 2. Further that the zoning by-law amendment
is contained in Attachment No. 4 be approved and that the "Holding (H) symbol be
removed at such time the owner has entered into a subdivision agreement with the
Municipality.
Respectfully submitted, Reviewed by,
Dav J. ome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development Chief Administrative Officer
CP*LDT*DJC*cc
June 29, 1999
Attachment No. 1 - Key.Map
Attachment No. 2 - Conditions of Draft Approval
Attachment No. 3 - Proposed Red-line Revised Plan of Subdivision
Attachment No. 4 - Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
i
Green-Martin Holdings
1029 McNicol Avenue
Scarborough, Ontario M1W 3W6
Design Plan Services Inc.
385 The West Mall
Suite 303
Etobicoke, Ontario M9C 1 E 7
681
ATTACHMENT 81
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ATTACHMENT N2
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-88047, as red-line revised,
prepared by Design Plan Services Inc. dated (revised) May 12, 1999 showing 59 lots, for
15.0 metre minimum frontage single family detached dwellings; 53 lots for 13.7 metre
minimum frontage for single detached dwellings; 127 lots, for 12.0 metre minimum
frontage for single detached dwellings; 56 lots (112 units), 18.0 metre minimum frontage
lots for semi-detached or linked dwellings, 86 on-street townhouses; Block 294 for park,
Blocks 295 and 373 for Open Space, and various blocks for reserve, road widening, site
triangle etc.
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT
2. That the Owner shall pay to the Municipality at the time of execution of the subdivision
agreement, cash-in-lieu of parkland dedication for the 1.84 ha of land;
3. That prior to the issuance of building permits, the Owner shall, through its acoustic
engineer, provide a certification to the Director of Planning certifying that the Builder's
plan are in accordance with the Noise Control Report as approved by the Ministry of the
Environment and the Municipality of Clarington;
4. That the driveway for Lot 98 be located at the east limit of the lot to improve snow-clearing
access;
5. That a 0.3 metre reserve block be provided at the west limit of Padfield Drive;
6. Block 373 Open Space Block for the storm sewer outfall be transferred to the Municipality
of Clarington, free and clear of all encumbrances;
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-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT(CONT'D)
7. That the subdivision agreement is to require that all purchase and sale agreements for the
lots on the south side of Padfield Drive include a clause advising that due to the grading
constraints adjacent to the CPR right-of-way, rear yard slopes exceed the Municipality's
maximum grade. The wording of the clause is to be approved by the Director of Public
Works.
8. That the Owner obtain written permission, to the satisfaction of the Director of Public
Works, prior to the approval of the engineering drawings, to grade on adjacent lands.
9. That the builder include a disclosure in all purchase and sale agreements advising home
buyers of municipal parking regulations, to the satisfaction of the Director of Planning.
10. That the Owner agrees that in all registrations of final plans subsequent to January 1, 2000,
all single detached and semi-detached/linked dwelling units will be constructed with two
(2) outdoor parking spaces. Where the two outdoor parking spaces are provided side by
side, the combined minimum width of the two spaces may be reduced to 4.6 metres
provided the minimum landscaped open space within the front yard is thirty percent
(30%).
11. That future development Block 368 be expanded to encompass Block 370.
12. That future development Block 369 be expanded to encompass Block 371.
13. Satisfy the Ministry of Culture and Communications financially and otherwise.
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REVISED DRAFT PLAN of
1° 355 PROPOSED SUBDIVISION
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PP PART of LOT 17
352 AN BLOCK 372 CONCESSION 1,
b° \ 357 1y Pit OPEN SPACE 1,r f,Ny In the County .- Dodom
350 (iP D 04 ha is 11 wIthPn t 1 L miles Pf me
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348 REGIONAL MUNICIPALITY
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DEVELwueNT EXCERPT FROM 18T-88047
0•� ossi_ _- ean. z9/so xp vu5-z\zz nlsoo
AS AMENDED NOV.21, 1997 ILd— �I "�` ~°
Moy f2/99 6 h-9]25-2\69 yNj Vp
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
ATTACHMENT 04
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-
being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of
Newcastle to permit red-line revisions to 18T-88047.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
I. Section "12.4 Special Exception Urban Residential (R1) Zone", is hereby further
amended by adding thereto,the following new Special Exception 12.4.45, as follows:
"12.4.45 URBAN RESIDENTIAL EXCEPTION (R7.45)ZONE
Notwithstanding the provisions of Section 12.2 those lands zoned (R145) on the
schedules to this By-law shall also be subject to the following zone regulations:
i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a
parking space excluding a private garage or carport.
ii) Yard Requirements(minimum)
a) Front Yard 6.0 metres to private garage or carport
4.5 metres to dwelling
b) Exterior Side Yard 6.0 metres to private garage or carport
4.5 metres to dwelling
iii) Parking Requirements
a) 2 outdoor parking spaces(minimum)
b) Where the two outdoor parking spaces are provided side by side the
combined minimum width of the two spaces may be reduced to 4.6
metres provided the minimum landscaped open space within the front
yard is 30%.
c) The minimum area of a private garage or carport shall be 18.58 square
metres and the minimum width shall be 3.0 metres.
d) Private garages and carports may extend a maximum of 3.0 metres in
front of the dwelling unit."
2. Section "13.4 Special Exception Urban Residential (R2) Zone", is hereby further
amended by adding thereto,the following new Special Exception 13.4.24, as follows:
b � �
-2-
-2-
"13.4.24 URBAN RESIDENTIAL EXCEPTION (112-24)ZONE
Notwithstanding the provisions of Section 13.2 those lands zoned (R2-24) on the
schedules to this By-law shall also be subject to the following zone regulations:
i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a
parking space excluding a private garage or carport.
ii) Yard Requirements (minimum)
a) Front Yard 6.0 metres to private garage or carport
4.5 metres to dwelling
b) Exterior Side Yard 6.0 metres to private garage or carport
4.5 metres to dwelling
iii) Parking Requirements
a) 2 outdoor parking spaces(minimum)
b) Where the two outdoor parking spaces are provided side by side the
combined minimum width of the two spaces may be reduced to 4.6 metres
provided the minimum landscaped open space within the front yard is
30%.
c) The minimum area of a private garage or carport shall be 18.58 square
metres and the minimum width shall be 3.0 metres.
d) Private garages and carports may extend a maximum of 3.0 metres in front
of the dwelling unit."
3. Section "13.4 Special Exception Urban Residential (R2) Zone", is hereby further
amended by adding thereto,the following new Special Exception 13.4.25,as follows:
"13.4.25 URBAN RESIDENTIAL EXCEPTION(R2-25)ZONE
Notwithstanding the provisions of Section 13.2 those lands zoned (R2-25) on the
schedules to this By-law shall also be subject to the following zone regulations:
iii) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a
parking space excluding a private garage or carport.
iv) Yard Requirements(minimum)
a) Front Yard 6.0 metres to private garage or carport
4.5 metres to dwelling
b) Exterior Side Yard 6.0 metres to private garage or carport
4.5 metres to dwelling
c) Setback from the Canadian Pacific Railway 30 metres
iii) Parking Requirements
a) 2 outdoor parking spaces(minimum)
b) Where the two outdoor parking spaces are provided side by side the
combined minimum width of the two spaces may be reduced to 4.6 metres
provided the minimum landscaped open space within the front yard is
30%.
c) The minimum area of a private garage or carport shall be 18.58 square
metres and the minimum width shall be 3.0 metres.
d) Private garages and carports may extend a maximum of 3.0 metres in front
of the dwelling unit.'
b j
-3-
-3-
4. Schedule"3"to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Agricultural (A)"to "Holding-Urban Residential Exception ((H)R145)"
"Agricultural (A)"to"Holding-Urban Residential Exception ((H)R2-24)"and
"Agricultural (A)"to"Holding-Urban Residential Exception ((H)R2-25)"
as shown on the attached Schedule"A"hereto.
2. Schedule"A"attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this 5'" day of July 1999.
BY-LAW read a second time this 5' day of July 1999.
BY-LAW read a third time and finally passed this 5" day of July 1999.
MAYOR
CLERK
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This is Schedule"A" to By-law 99- I
This is Schedule"A" to By-law 99- ,
passed this day of , 1999 A.D.
ZONING CHANGE FROM
LOT 17 "A" TO "(H)R1-45"
ZONING CHANGE FROM
322 "A' TO "(H)R2-24"
323 ® ZONING CHANGE FROM
325 324 A" TO "(H)R2-25"
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Mayor Clerk
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