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Report
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Report To: Planning and Development Committee
Date of Meeting: April 1, 2019
Report Number: PSD -022-19 Resolution Number: PD -052-19
File Number: ZBA2018-0017 By-law Number:
Report Subject: Rezoning Application by R. W. Carr Investment Co. to permit two
single detached homes with a frontage of 12.9 metres at 92 Elgin
Street in Bowmanville
Recommendations:
That the subject property be exempt from the Interim Control By-law 2018-083 in order to
allow for development to proceed and that the By-law Amendment contained in
Attachment 2 to Report PSD -022-19 be passed;
2. That the application to amend the Zoning By-law submitted by R. W. Carr Investment Co.
be approved and that the Zoning By-law Amendment contained in Attachment 3 to Report
PSD -022-19 be passed;
3. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD -022-19 and Council's
decision; and
4. That all interested parties listed in Report PSD -022-19 and any delegations be advised of
Council's decision.
Municipality of Clarington
5 H BSB-002-Vf
Report Overview
Page 2
The purpose of this report is to recommend approval of the application by R.W. Carr
Investment Co. to permit the development of two single detached dwellings at 92 Elgin Street
in Bowmanville. The rezoning application was submitted to reduce the minimum frontage
requirements from 15 metres to 12.9 metres in order to facilitate a future severance of the lot.
The Zoning By-law Amendment recommended by Staff, establishes the zoning provisions
applicable to this lot given the context of the surrounding neighbourhood character. A by-law to
amend the Interim Control By-law is required to exempt the subject lands and allow
development to proceed.
1. Application Details
1.1. Owner/applicant: R.W. Carr Investment Co.
1.2. Proposal: To divide the property at 92 Elgin Street by creating two lots
with a frontage of 12.9 metres, a reduction from the minimum 15
metre minimum frontage required in the R1 Zone. The proposal
will facilitate the development of two single detached dwellings.
1.3. Area: Approximately 1,000 m2 (0.25 acres)
1.4. Location:
1.5. Roll Number:
1.6. Within Built Boundary:
2. Background
92 Elgin Street, Bowmanville
1817-020-030-04800
Yes
2.1 On June 29, 2018, R.W. Carr Investment Co. submitted an application to rezone the
property at 92 Elgin Street in Bowmanville. The rezoning was submitted to seek relief
from the minimum 15 metre frontage requirement in the Urban Residential Type One (R1)
Zone in order to facilitate a severance of the lot.
2.2 A Public Meeting was held on September 10, 2018 to consult with the public and hear
their opinions on the proposal. No one spoke in opposition or in support of the
application. One general inquiry was received from the public prior to the Public Meeting.
The questions were general in nature about the proposed development. The Municipality
has not received any further inquiries regarding the subject application since the writing of
that report.
2.3 Seven days after the Public Meeting, on September 17, 2018, Clarington Council passed
an Interim Control By-law that included the subject property. The purpose of the by-law is
to restrict new development and expansions in established neighbourhoods while a
Neighbourhood Character Review Study is undertaken. The study will propose
Municipality of Clarington
5 H SSR -002 -TO
Page 3
recommended performance standards for properties within the study area and implement
them through a zoning by-law amendment. It attempts to provide standards which help
maintain the character of the area.
2.4 The subject application, while submitted prior to, must conform to Council's decision. It
was not exempt from the Interim Control By-law because a further character analysis and
justification was needed before Staff could recommend the application to proceed. Based
on the outcome of the analysis further revisions to the proposal may have been required.
2.5 The applicant has since revised the Planning Justification Report to include a study of the
surrounding neighbourhood context and demonstrated that the proposed development is
compatible. The applicant worked cooperatively with Planning Staff to determine the
specific extent of the study area and the character components to review and analyze. A
summary of the Planning Justification Report is contained in Section 7 of this report.
2.6 An application for a severance of the subject lot has not as of yet been submitted. The
subject property will need to be exempt from the interim control by-law before the
severance application can proceed.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is relatively flat and contains an existing single detached dwelling
with a detached garage. The property is one lot south of Second Street and fronts onto
Elgin Street. A fairly large mature tree was located on the north side of the property. Upon
a site visit, it was observed that the silver maple tree had recently been removed.
Figure 1 - 92 Elgin Street
Municipality of Clarington
5 H BSB-002-Vf
Page 4
3.1 The subject property is located within an established residential neighbourhood with a
mix of dwelling types and frontages. The surrounding land uses are as follows:
North - A mix of one and two storey single detached dwellings.
South - Mainly single detached dwellings; semi-detached dwellings are located two lots
south of the subject lands (84 and 82 Elgin Street).
East - A mix of one and two storey single detached dwellings.
West - One storey bungalows. Directly behind the subject property (to the west) are two
lots that have similar frontages as the proposal (31 and 33 Lambs Lane).
Figure 2 - Subject property shown in red and surrounding context with existing
semi-detached dwellings shown in blue
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement states that planning authorities shall permit and facilitate
all forms of housing and all forms of residential intensification, including secondary units,
where this can be accommodated, taking into account existing building stock and areas.
The definition of `intensification' includes the development of vacant or underutilized lots
within previously developed areas and infill development among other things. The
Municipality of Clarington
5 H BSB-002-Vf
Page 5
proposal to create one additional single detached building lot represents an opportunity
for redevelopment and intensify within a settlement area utilizing existing services.
Provincial Growth Plan
4.2 The proposal is within the Built Boundary of the Growth Plan. The creation of one
additional lot is considered intensification within the Urban Area of Bowmanville and
contributes to the intensification targets within the existing Built-up Areas. The proposal
will make use of existing municipal services. The proposal conforms to the Growth Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject property Living Area. The
policies of the Plan generally promote infill and intensification. The proposed reduction of
the lot frontage to divide the lot into two separate properties and subsequent creation of
one additional lot conforms to the Durham Regional Official Plan.
Clarington Official Plan
5.2 The Clarington Official Plan designates the subject lands Urban Residential. The property
is internal to a neighbourhood. Single detached dwellings are permitted uses within this
designation.
5.3 The property is located within the Built-up Area of the Municipality. The proposal to create
an additional lot contributes towards the municipality's residential intensification target for
Bowmanville. Development within the Built-up Areas are encouraged and should be given
priority since they are making efficient use of existing services and infrastructure.
5.4 The size of any parcel of land created by a severance should be appropriate for the use
proposed and in keeping with the character of the surrounding neighbourhood. New
development and redevelopment in existing neighbourhoods are to:
a) Respect and reinforce the physical character of the established neighbourhood having
regard to the pattern of lots, streets and block, the size and configuration of lots,
building types of nearby properties, the height and scale of building and the setback of
building from the street, rear and side yards;
b) In neighbourhoods of historical character, be consistent with the built form pattern of
the area;
c) Adhere to all relevant Urban Design Guidelines and expectation for high-quality
architectural design and sustainable building materials; and
d) Maximize opportunities to improve accessibility and pedestrian and cycling systems,
enhance neighbourhood and transit connections, and reduce energy, water and
resource use.
Municipality of Clarington
5 H BSB-002-Vf
Page 6
5.5 The proposal is similar to the pattern of lots immediately adjacent to the subject lands.
The height and scale of the dwelling units proposed are also similar in scale to those in
the surrounding area. Further discussion on the character and design of the dwellings in
relation to the neighbourhood character can be found in Section 10 of this report.
5.6 The proposal conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Urban Residential Type One (R1)". The R1
zone requires a minimum lot frontage of 15 metres. The applicant is proposing to reduce
the minimum lot frontage from 15 metres to 12.9 metres.
Figure 3 — Site plan showing proposed detached dwellings
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(29.149 Mi
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42.N2 FT (12.7 M)
84.624 FT (25.g M)
ELGIN
STREET
Figure 3 — Site plan showing proposed detached dwellings
Municipality of Clarington
5 H BSB-002-Vf Page 7
General Provisions of Zoning By-law 84-63
6.3 The applicant is proposing to retain the existing detached garage located on the
southwest corner of the subject lands and construct a new detached garage on the
northwest corner on the severed lot. The maximum lot coverage for all accessory
buildings in an Urban Residential Zone is 10%, to a maximum area of 60 m2, whichever is
the lesser of the two. Both lots are proposed to be approximately 500 m2 each, which
would only allow for a 50 m2 detached garage on each lot. The existing detached garage
is approximately 54 m2. This is greater than the permitted floor area and would not
comply once the new lot is created. A zoning regulation has been added to the
amendment to recognize the existing detached garage floor area of 54 m2.
6.4 The proposed detached garage will comply with the zoning by-law provisions for the total
floor area. The proposed detached garage is 49.12 m2. However an increase in the total
lot coverage for accessory buildings and structures from 10% to 12% is proposed for both
lots to account for the extra area needed to accommodate porches and/or possible future
decks.
Neighbourhood Character
6.5 In addition to the minimum frontage and accessory structure provisions of the Zoning By-
law, additional zone provisions have been proposed to recognize existing character
attributes in the surrounding neighbourhood and provide compatibility. Further discussion
in this regard is found in Section 10 of this Report.
6.6 Approval of the proposed zoning by-law amendment and the severance application would
be dependent on the Municipality's decision to add an exemption to the Interim Control
By-law for the subject property. This will allow the development to proceed.
7. Summary of Background Studies
Planning Justification Report
7.1 The Planning Justification report submitted in support of the application evaluates the
proposed development in the context of the applicable provincial, regional and Clarington
planning policies and regulations. It justifies the rezoning and future land division as a
form of intensification in an existing neighbourhood.
7.2 The report also outlines the neighbourhood context and discusses how the proposed
development is compatible. It summarizes the predominant building characteristics within
the study area and compares the proposal with those elements. A summary of those
characteristics can be found in Attachment 1 to this Report.
Municipality of Clarington
5 H BSB-002-Vf
Page 8
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Figure 4 — Neighbourhood Study Area outlined in red and subject property
shown in green
Municipality of Clarington
Report PSD -022-19
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Figure 5 — Proposed elevations of the two new detached dwellings
8. Agency Comments
Regional Municipality of Durham
Page 9
8.1 The Regional Planning and Economic Development Department stated the proposed
zoning by-law amendment was consistent with the Regional Official Plan. A Stage 1
archaeological assessment must be submitted to the Ministry of Tourism, Culture and
Sport for a Ministry clearance letter which the Region must have prior to certification of
the consent to sever. A completed Site Screening Questionnaire or a Record of Site
Condition compliant Phase One Environmental Site Assessment and any further required
studies determining potential contamination on the property must be submitted. If a
Phase One ESA Report is submitted, it must be accompanied by the Region's "Reliance
Letter" and "Certificate of Insurance".
8.2 The Regional Works Department noted the existing dwelling is connected to municipal
sanitary and water services. The existing services can be used but at the consent to
sever stage, an additional sanitary and an additional water connection will have to be
acquired. The applicant may wish to arrange for storm sewer connection with Clarington
at the time.
Veridian Connections
8.3 Standard requirements were provided.
Enbridge Gas Distribution
8.4 The owner/applicant is to verify existing gas servicing does not encroach on more than
one property.
Municipality of Clarington
5 H BSB-002-Vf
9. Departmental Comments
9.1 Engineering Services
Page 10
Engineering Services advised they have no objection to the rezoning and that at the
land division stage the following requirements will apply.
x The Owner will be required to minimize the importing and exporting of material but,
should site alteration works be necessary a permit and/or a soils Management
Report is required;
x Appropriate notes regarding municipal road occupancy are to be placed on all site
plans;
x The Owner shall submit a Servicing Plan and a Lot Grading Plan satisfactory to the
Director of Engineering Services;
x The Owner will be required to make application for an entrance for each proposed
dwelling and such dwelling must be compatible with the proposed entrance and
shall be 100% responsible for all costs;
x The Owner will be required to provide an appropriate cash contribution in lieu of
parkland dedication;
x In addition the Owner will be required to provide standard performance
guarantees.
Other Departmental Comments
9.2 The Building Division, Operations, and Emergency and Fire Services have no concerns
with the proposal.
10. Discussion
10.1 The existing house is proposed to be demolished and replaced by two new dwellings.
Each new lot is proposed to contain a raised bungalow with an apartment -in-house. An
apartment -in-house is permitted in the R1 and R2 zones, as well as the majority of
exception zones, provided they meet the parking requirements. The applicant has
demonstrated that the proposed driveways will meet the parking requirements and
therefore an apartment -in-house is permitted. The existing detached garage is proposed
to remain and a new detached garage would be built in the rear yard of the new created
lot.
10.2 The proposed lots or parcels have considerable depth — over 38 metres resulting in lot
areas larger than the required minimum lot area of the current zoning of "Urban
Residential Type One (R1)", but in keeping with surrounding properties.
Municipality of Clarington
5 H BSB -002-M
Minimum Frontage Requirements
Page 11
10.3 The applicant is proposing to divide the existing 25.8 metre residential lot into two lots
each having 12.9 metre (42 feet) of frontage on Elgin Street. A rezoning is required to
address the deficient lot frontage.
10.4 Based on the Clarington Official Plan policies, the size of any parcel of land created by
a severance should be appropriate for the use proposed and in keeping with the
character of the surrounding neighbourhood. New development and redevelopment in
existing neighbourhoods are to respect and reinforce the physical character of the
established neighbourhood having regard to the pattern of lots, streets and block, the
size and configuration of lots, building types of nearby properties, the height and scale
of building and the setback of building from the street, rear and side yards. Architectural
style and the placement of vegetation can also play a role in establishing
neighbourhood character. The greater the consistency among these various elements,
the stronger the character. Once the character is analyzed, it is then easier to determine
whether new development will be compatible.
10.5 Houses in this neighbourhood are a mix of single detached dwellings and semi-
detached dwellings. Lot frontages are either predominantly greater than 20 metres or
between 12 to 15 metres. This indicates a diverse range of lot frontages in the area.
There is not one prevalent lot frontage which can guide the character for this area. The
diagram below shows the range of lot frontages within the study area.
' 7
N I . Study Area
L
Q Subject Property
i Frontage: Less than 12 metres
k Frontage: 12 to 15 metres
Frontage: 15 to 20 metres
SeconO Street Frontage: Greater than 20 metres
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ZB'Q 2018DiO'1
Figure 6 — Range of lot frontages found within the study area
Municipality of Clarington
5 H BSB-002-Vf
Page 12
10.6 The proposal is compatible with the surrounding neighbourhood. The proposed lot
frontages are similar to the pattern of lots immediately adjacent to the subject lands.
The proposed lot creation does not set up a future pattern of transition for the
neighbourhood since there are many lots in this area that already differ in shape and
sizes. The proposal will not destabilize the quality or character of the area.
Accessory Buildings and Structures
10.7 If the severance is approved, there will also be an accessory detached garage on a
vacant lot. Accessory structures without the principle use being established is not
permitted. A building permit for a residential dwelling will need to be submitted prior to
the Municipality providing a clearance letter to finalize the severance. This will be a
condition of the land severance.
Vegetation Removal and Compensation
10.8 The lot contained a large silver maple tree which has been removed to facilitate the
second dwelling if the severance is approved. The Municipality's tree by-law does not
apply to individual trees on private lots. A few properties in the neighbourhood contain
large mature trees and can be a characteristic of this older area. A condition of approval
of the severance will require compensation for the mature tree removal with
replacement trees planted on the site. Landscaping will assist in achieving compatible
development and retaining the community character.
Figure 7 - Large mature maple tree located on the subject lands which has been
removed
Municipality of Clarington
5 H BSB -002 -TO Page 13
Further Zoning Provisions to Address Streetscape
10.9 Staff have provided further performance standards in the proposed zoning by-law
amendment to ensure the building envelope is compatible with the surrounding
neighbourhood and has minimal impacts on the streetscape and surrounding homes.
These standards include maximum building height, roof pitch, detached garage location
in the rear yard, porch height and location, the number of doors facing the street,
maximum driveway width, and maximum front yard setback.
Interim Control By-law Exemption
10.10 The reduced lot frontages and the two new houses would fit well within the
neighbourhood and are compatible with the adjacent dwellings found in the area. They
do not present an undesirable pattern of development. The lot sizes in this particular
area vary significantly. Lot frontages range from 10.1 metres to 25.7 metres and the
homes are a mix of bungalows and two storey dwellings. The lot pattern will not
negatively impact or prejudice future development in this neighbourhood. Allowing the
proposed development to proceed on this lot will not undermine the Municipality's
capacity to create a new standard for the study area and it will not adversely impact the
character of the neighbourhood, especially since there is an evident variety of frontages
and dwelling types already existing in the area.
10.11 It is therefore recommended that the property at 92 Elgin Street be listed as an
exemption in the Interim Control By-law to allow for development to proceed. The
Zoning by-law amendment proposed for this lot includes site-specific standards to
recognize the character attributes of the area and allow the redevelopment of the
property in a manner that is compatible with the surrounding context. It also mirrors
requirements found in the Interim Control By-law which assist to mitigate impacts on
character for applications already in the process when the Interim Control By-law came
into effect.
11. Concurrence
Not Applicable.
12. Conclusion
In consideration of all agency, staff and public comments, it is respectfully
recommended that the rezoning application to permit the development of two single
detached dwellings with 12.9 metre frontages at 92 Elgin Street in Bowmanville be
approved. It is recommended that the property at 92 Elgin Street be added as an
exemption to the Interim Control By-law. It is also recommended that the zoning by-law
amendment be approved. The amendment will have the effect of reducing the minimum
frontage requirements from 15 metres to 12.9 metres in order to facilitate a future
severance of the lot as well as provide provisions to ensure new development is
compatible with the character of the area.
Municipality of Clarington
5 H BSB -002-M
Page 14
Submitted by: Reviewed by:
Michael Seaman, MCIP, RPP for Andrew C. Allison, B.Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext.2422 or nzambri(a-),clarington.net
Attachments:
Attachment 1
— Neighbourhood Attributes
Attachment 2
— Amendment to Interim Control By-law
Attachment 3
— Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Kaitlyn Hill
NZ/CP/MS/nl
I:\ADepartment\Application Files\ZBA-Zoning\2018\ZBA2018-0017 92 Elgin Street\Staff Reports\PSD-022-19\PSD-022-19.docxl:\ADepartment\Application Files\ZBA-Zoning\2018\ZBA2018-
0017 92 Elgin Street\Staff Reports\PSD-022-19.docx
Attachment 1 to
Report PSD -022-19
Table summarizinq the predominant buildinq characteristics in the neiqhbourhood
Single
Neighbourhood
Study Area
Dwelling Type
90%
Proposal
9
Semi
Brick
10%
(facingMaterials the street and most dominant)
35%
Siding
50%
9
Stucco
Porch, stoop, or landin
15%
Porches and Stoops
650/,)
9
No porch or stoop
35%
Front D..
Faces street
75%
9
Multiple doors
15%
Faces side
Numberof
0-2
10%
Stepsto Main
25%
Floor
9
3-5
55%
6 or more
20%
Building Height
1 Store
450%/,
1.5 Storeys
50%
9
2 Storeys
Hip
5%
45%
9
Gabel
55%
Roof Pitch
Flat 1:12 to 2:12
5%
Low 3:12 to 5:12
40%
Medium (6:12 to 8:12)
30%
9
High 9:12 to 12:12
20%
Steep (13:12 to 18:12 or
hi her
5%
•
Rear detached
15%
9
Side detached
10%
710%
Attached
No garage
65%
Driveway Width
Single
40%
9
Double
40%
Triple or greater
20%
Note: These calculations exclude the subject property.
Neighbourhood Proposal
Study Area
Vegetation
10%
Mature trees
20%
Shrubs
60%
Plantings
10%
Interior .- Yard Setback to:
0 - 0.6 m
15%
0.61-1.2m
35%
1.21 — 3 m
25%
3 m or more
25%
Rear Yard Setback to:
7.5 m or less
5%
7.51 m or more
0-3m
95%
Front .. Setback to: •
20%
3.1 — 4.5 m
15%
4.51 — 6 m
20%
6.1 m or more
Less than 12 m
45%
Lot ..-
5%
12.1-15m
35%
15.1 — 20 m
15%
20.1 m or more
45%
Note: These calculations exclude the subject property.
Attachment 2 to
Report PSD -022-19
Corporation of the Municipality of Clarington
By-law Number 2019 -
being a By-law to amend Interim Control By-law 2018-083;
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 2018-083;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 2 of By-law 2018-083, is revised by adding the following:
"h. Two new single detached dwellings located at 92 Elgin Street in accordance with
Section 13.4.87 Urban Residential Exception (R2-87) of Zoning By-law 84-63."
2. This By-law shall come into effect on the date of the passing.
By -Law passed in open session this day of April, 2019
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
Attachment 3 to
5 H BSR 00246
Corporation of the Municipality of Clarington
By-law Number 2019-.
being a By-law to amend By-law 84-63
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 Municipality of
Clarington for ZBA 2018-0017.
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is
hereby amended by adding thereto, the following new Special Exception zone
13.4.87 as follows:
"13.4.87 Urban Residential Exception (R2-87) Zone
Notwithstanding Sections 3.1 c), 3.16 c) ii), 13.2 b., c. i), iii), e., g., h., those lands
zoned "R2-87" on the Schedules to this By-law shall be subject to the following
regulations:
a. Lot Frontage (minimum)
b. Yard Requirements
12.9 metres
i) Front Yard Setback to dwelling (minimum) 4.5 metres to
(maximum) 5 metres
ii) Interior Side Yard (minimum) 4.3 metres on one side,
1.2 metres on the other
C. Building height (maximum) 7 metres
F
e
f.
g
h
A roof pitch (minimum) 4/12 to
(maximum) 8/12
Lot coverage (maximum) 35%
Lot coverage for accessory buildings and structures (maximum) 12%
The location of a detached garage shall only be in the rear yard. An
attached garage is not permitted.
Total accessory building floor area (maximum) 54 square metres
Height for accessory buildings (maximum) 3 metre with a floor area equal
to or less than 10 square metres; 4 metres with a floor area greater than
10 square metres
Rear and side yard setbacks for accessory
buildings (minimum) 0.6 metres
k. Driveway width shall be 3.0 metres
The dwelling must contain a front porch which faces the street
M. Only one door entrance is permitted on the front fagade of the building
which must face the street
n. Entrances for an apartment -in-house must be located in the side or rear
yard unless it is through a common entrance of a front fagade"
2. Schedule '3' is amended by changing the zone designation from "Urban
Residential Type One (R1) Zone" to "Urban Residential Exception (R2-87)" as
illustrated on the attached Schedule W.
3. Schedule `A' attached hereto shall form part of this By-law.
4. 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 passed in open session this day of April, 2019
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk