HomeMy WebLinkAboutPD-75-98DN: P0.75-98
Y
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
"S~\2 .1 `d"T' 90050
File#~~y.ik.~.R~o~~
Date:
Report #:
June 22, 1998
PD-75-98 FILE #: 18T-90050 &DEV 91-002
Res. #~P~ - 3~-9~
By-law # -/O
Subject: PROPOSED PLAN OF SUBDIVISION AND REZONING APPLICATION
APPLICANT: MR. JOSE IBANEZ ET AL
PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
FILES: 18T-90050 AND DEV 91-002
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-75-98 be received ;
2. THAT the proposed Plan of Subdivision 18T-90050, revised and dated May 1, 1997,
and further red-line revised, as per Attachment No. 2, be APPROVED subject to the
conditions contained in Attachment No. 3;
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
a Subdivision Agreement has been finalized to the satisfaction of the Director of
Public Works and the Director of Planning and Development;
4. THAT the application to amend the former Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by Mr. Jose Ibanez be APPROVED
and that the "Holding (H)" symbol be removed by By-law upon execution of a
Subdivision Agreement;
5. THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and
6. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
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REPORT NO.: PD-75-98 PAGE 2
1. APPLICATION DETAILS:
1.1 Applicant: Mr. Jose Ibanez et al
1.2 Agent: The Greer Galloway Group Inc.
1.3 Subdivision Application: the application proposes a total of 146 units consisting
of: 41 single family dwelling units; 40 semi
detached/link lots, 80 units; and 25 on-street
townhouse units.
1.4 Rezoning Application: from "Agricultural (A)" to an appropriate zone to permit
the development of the proposed plan of subdivision.
1.5 Land Area: 7.583 ha (18.73 acres)
2. LOCATION:
2.1 The subject property is located in Part Lot 16, Concession 1, former Township of
Darlington. The subject lands are part of a 26.3 ha (65.05 acre) parcel of land. The
lands subject to the rezoning and proposed plan of subdivision applications are at
the south limits of the applicants land holdings. The property is bounded by
Baseline Road to the south, the Green Road road allowance to the west, Bothrell
Street to the north and West Side Drive to the east.
3. BACKGROUND:
3.1 The Municipality's Planning and Development Department initially received the
subject rezoning application on January 4, 1991. On January 10, 1991 the Region
of Durham circulated the related proposed Plan of Subdivision 18T-90050.
Originally an application for Official Plan Amendment was also applied for, to
include part of the lands within the Bowmanville Urban Area.
3.2 The Official Plan Amendment application was ultimately approved as part of the
adoption of the Clarington Official Plan. Public Meetings for the subject rezoning
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REPORT NO.: PD-75-98
PAGE3
application were held April 22, 1991 and October 5, 1992, following revisions to
the application. West Side Drive and Bottrell Street were not constructed at the time
of the last public meeting.
3.3 The applicant has submitted a Site Screening Questionnaire stating the property has
not had previous uses which may have contaminated the soil, and is not in
proximity to any use which may cause contamination concerns.
3.4 The applicant has also submitted a noise impact study in support of the proposed
development. The study concludes that some noise fencing will be require for lots
flanking the Baseline Road in order to ensure that the outdoor amenity areas are
appropriately protected.
4. EXISTING AND SURROUNDING USES:
4.1 The existing site is currently vacant.
4.2 Surrounding land uses are as follows:
South: Baseline Road and limited residential and agricultural;
East: Residential development fronting on West Side Drive, a park and
Public Elementary School;
North: Residential development fronting on Bottrell Street and West Side
Drive and vacant land subject to residential development
applications;
West: Vacant land subject to residential development applications.
5. OFFICIAL PLAN POLICIES:
5.1 Within the existing Durham Regional Official Plan the majority of the subject
property is designated "Living Area". The Living Area policies of the plan
encourage lands designated as such, to be used for a variety of housing type, style
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REPORT NO.: PD-75-98
PAGE 4
and tenure. The transportation schedule designates Baseline Road as a Type "A"
arterial. The proposal appears to conform.
5.2 Within the Clarington Official Plan the subject property is designated "Urban
Residential" within the Westvale Neighbourhood "13" of the Bowmanville Urban
Area. The neighbourhood has a housing target of 1750 units. The urban residential
designation permits a maximum density of 30 units per net ha, while the
predominant housing forms shall be single detached dwellings, semi-detached/link
dwellings and duplex dwellings. Townhouse units are also permitted provided they
are not the predominant housing form and conform to the permitted density. The
proposed 146 units achieve a density of 30 units per net ha. In addition, the 146
units appears to conform with the housing target contained in Table 9-2 of the
Clarington Official Plan. Similar to the Regional Official Plan, the Transportation
Schedule identifies Baseline Road as a Type "A" Arterial. The application appears
to conform.
6. ZONING:
6.1 The subject land is currently completely zoned "Agricultural (A)", the proposed
residential subdivision is not permitted within said zone category. Hence the
rezoning application.
7. COMMENTS:
7.1 In accordance with departmental procedure the subject application was circulated
to a number of agencies and departments for comment. The following agencies
have advised they have no objection or concern with the proposed applications:
The Peterborough Victoria Northumberland and Clarington Separate School Board;
The Kawartha Pine Ridge School Board;
Clarington Fire Department;
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REPORT NO.: PD-75-98
PAGE5
Ontario Hydro; and
Bell Canada
7.2 Clarington Public Works
(i) The Municipality of Clarington Public Works Department, Engineering Division
provided numerous conditions of draft approval to be incorporated in the
Municipality's recommendation to the Region of Durham. The conditions
include many of the typical requirements for a draft plan of subdivision, such as
dedication of road widenings, provision of servicing and drainage.
(ii) As part of the review of these applications the proponent was requested to
submit a traffic report in support of the applications. The report suggested that
development of these lands will not negatively impact the existing road network
to the east. The applicant will be required to implement, at his expense, a
Traffic Monitoring Report to ensure the actual volumes compare favourably with
volumes determined in the study. Furthermore, any traffic calming
requirements which may be deemed appropriate in the future as a result of the
Traffic Monitoring Report will be the responsibility of the developer.
(iii) Phasing of this proposal and the adjacent plan of subdivision 18T-96014 was a
concern as it related to municipal infrastructure servicing requirements. The
subject parcel can proceed to registration in its entirety, as it is not dependent
on the construction of a new neighbourhood park, the construction of Green
Road or reconstruction of Baseline Road.
(iv) The applicant submitted a plan identifying how on-street parking can be
accommodated through the development of the application. Public Works staff
have reviewed the submission based on the following minimum requirements:
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REPORT NO.: PD-75-98
PAGE6
1 on-street parking space for every 3 townhouse units
1 on-street parking space for every 4semi-detached/link units
The applicant has demonstrated that based on the above criteria the proposal
requires 49 on-street parking spaces, while 75 can be accommodated.
(v) The Parks Division, of the Public Works Department, has requested the applicant
provide a park land dedication equivalent to 1 ha per 300 dwelling units as cash-in-
lieu of parkland. In addition detail landscape treatment where street "A" is parallel
to Baseline Road must be submitted for approval with the engineering submission.
7.3 Central Lake Ontario Conservation Authority provided comments stating the site has
relatively flat topography, with the exception of tributary of the Westside Creek and
its small valley that passes through the southern portion of the lot. Prior to
development proceeding a pond for both quality and quantity are to be provided on
the south side of Baseline Road. The applicant is required to demonstrate that the
major and minor flows can be accommodated within the streets and boulevards
without flooding private lots along the way. The applicant is required to submit
grading and drainage plans, with engineering calculations indicating flow
conveyance capacities at critical sections. The Conservation Authority have
provided numerous conditions of approval to deal with the issues referenced, as
well as other requirements.
7.4 Regional Works staff advised that municipal sanitary sewage capacity is available
from an existing 600 mm trunk sewer on Baseline Road. However, the applicant
will be responsible for the construction of a 250 mm sanitary sewer from the
existing trunk sewer to the limits of the subdivision. Municipal watermains exist on
Baseline Road at West Side Drive and on Bottrell Street. However, the subject
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REPORT NO.: PD-75-98
PAGE 7
lands are dependent on the construction of 400 mm watermain between Martin
Road and Regional Road 57. This watermain is required to provide sufficient
domestic water supply and fire protection. Baseline Road is designated a future
Type A arterial, the road widening indicated on the plan is appropriate. Regional
Works has no objection subject to various conditions of draft approval.
8. STAFF COMMENTS:
8.1 Through the subject applications, the proponent proposes to create a total of 146
residential units on the subject lands. The proposed subdivision and rezoning
application includes 7.583 ha (16.72 acres) of the total 26.3 ha (65.0 acres) owned
by the applicant north of Baseline Road, east of the Green Road road allowance,
and south of the CPR line.
8.2 A noise study was submitted in support of the application. The study suggests that a
2.1 m high noise attenuation fence be constructed on lots 19 and 48 adjacent to
Baseline Road. Staff would prefer not to see fences in excess of 1.8 m high used in
residential developments, and have requested that a berm and fence combination
be constructed to achieve the required 2.1 m height.
8.3 Access for the proposed 146 units will be through Bottrell Street and Block 101 of
registered plan 40M-1816, both these roads connect to West Side Drive, which is
designated as a collector road. The Public Works Department, as noted in Section
8.2, reviewed a transportation study in support of the subject applications. The
study concludes that there will not be a negative impact from this development on
the existing road structure. Public Works Department found the conclusions of the
study acceptable. However, Public Works staff have requested monitoring
conditions, as well they require the developer to be responsible, financially and
otherwise for any future traffic calming measures.
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REPORT NO.: PD-75-98 PAGE 8
8.4 The issue of parking has been reviewed and the applicant has demonstrated he can
easily accommodate the requisite number of on-street parking spaces. As part of
staff's review, redline revisions were made to the plan to ensure compliance with
the zoning by-law, among other things. The revision has resulted in a decrease of
two (2) units, from 146 to 144.
8.5 The proposal provides a mix of single detached dwellings, semi-detached/link
dwellings and on-street townhouse units. The mix of units is in conformity with the
policies of both the regional and local Official Plans. Furthermore, the application
is considered to be in conformity with the Provincial Policy Statement.
9. CONCLUSION:
9.1 In consideration of the favourable comments received from the circulated agencies,
Staff recommend approval of the proposed draft plan of subdivision, as red-line
revised in Attachment No. 2, subject to the conditions of draft approval contained
in Attachment No. 3. Furthermore, the subject rezoning application is
recommended for approval with a Holding (H) symbol. The holding symbol will be
removed by By-law once the land owner has enter into a subdivision agreement
with the Municipality, to the satisfaction of the Director of Public Works and the
Director of Planning and Development.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
Reviewed by,
W.H. Stockwell
Chief Administrative Officer.
CP*FW*jip
*Attach
16 June 1998
• 678
REPORT NO.: PD-75-98
PAGE 9
Attachment No. 1 - Key Map
Attachment No. 2 - Red-line Revised Plan of Subdivision
Attachment No. 3 - Conditions of Draft Approval
Attachment No. 4 - Proposed Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
The Greer Galloway Group Inc.
40 King Street West
Suite 204
OSHAWA, Ontario
L1H 1A4
D.G. Biddle & Associates Ltd.
96 King Street East
OSHAWA, Ontario
L1H 1B6
Attention: Mr. Bob Annaert
G. M. Sernas and Associates Ltd.
110 Scotia Court
Unit 41
WHITBY, Ontario
L1 N 8Y7
Bayly Holdings Ltd.
1409 Salem Road
R.R. # 1
AJAX, Ontario
L1 S 457
The Kailtlin Group Ltd.
1029 McNicoll Avenue
SCARBOROUHG, ntario
Ml W 3W6
William Colville
974 Green Road
BOWMANVILLE, Ontario
679
ATTACHMENT NO. 1
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ATTACHMENT NO. 3
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-90050 prepared by Greer
Galloway Group Inc. dated May 1, 1997 and further revised in red (as per the
attached plan) for 144 units, consisting of 39 lots for single family detached
dwellings, 40 lots for semi-detached or linked dwellings (80 Units), 6 blocks for on-
street townhouses (25 Units), and various blocks for 0.3 metre reserve, road
widening, site triangle and future development.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated as public highway
and shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Municipality of Clarington
and shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Public Works and the Director of Planning and
Development for review and approval. The Landscaping Plan shall reflect the
design criteria of the Municipality as amended from time to time.
5. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Public Works, that details the
storm sewer system (minor system) and the major overland flow route (major
system), for review and approval. All plans and drawings must conform to the
Municipality's Design Criteria as amended from time to time. All grading and
drainage must compatible with the grading of the existing subdivision.
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6. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of planning and Development for review and
approval.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
7. That the Owner shall enter into a Subdivision Agreement with the Municipality and
agree to abide by all terms and conditions of the Municipality's standard
subdivision agreement, including, but not limited to, the requirements that follow.
8. That all easements, road widening, and reserves as required by the Municipality
shall be granted to the Municipality free and clear of all encumbrances.
9. The applicant is responsible for the costs of connecting the proposed subdivision
road network to the existing road network at Bottrell Street and Street Z, to the
satisfaction of the Director of Public Works.
10. The applicant is responsible for all costs associated with constructing the road
network to an urban standard, including unnamed future road stubs at the west and
north limits of the proposed plan of subdivision.
11. The applicant is responsible to implement a Traffic Monitoring Report prepared by
the applicant's transportation engineer. This report shall be required for the
duration of the development of the subdivision to determine:
a) the actual traffic volumes being generated from this development in
comparison to the traffic volumes determined in the Traffic Infiltration Study
prepared by Transtech Inc. and on file with the Director of Public Works;
b) the need and type of traffic calming techniques or road improvements,
diversion of traffic or any other type of improvements needed to ensure that
Aspen Springs Drive and West Side Drive function appropriately, to the
satisfaction of the Director of Public Works;
b83
-3-
c) the nature and distribution of the traffic generated from this development, in
comparison to the assumptions made in the Traffic Infiltration Report;
12. Upon review of the Traffic Monitoring Report by the Director of Public Works, the
applicant is responsible financially and otherwise to construct or implement any
traffic or traffic calming improvements recommended by the report or required by
the Director of Public Works, the applicant is required to construct or implement
these improvements upon notice from the Director of Public Works;
13. This Traffic Monitoring Report shall be implemented at the time of commencement
of Phase 1 and prepared and submitted periodically, satisfactory to the Director of
Public Works.
14. The applicant will be responsible for 100% of the cost of providing a suitable
construction access to the subdivision. The necessary access must not adversely
impact the existing subdivision to the east or cause undue inconvenience for
existing residents.
15. The applicant is responsible to construct the stormwater management facility and
storm drainage works necessary to service this watershed, which are proposed in
the West Side Creek Master Drainage Study, prepared by G.M. Sernas and
Associates and as finally approved by the Director of Public Works.
16. The applicant must provide the Public Works Department with a Stormwater
Management Implementation Report, which provides for the sequential
construction of the stormwater management works necessary for the entire
watershed and addresses the impacts of developing this draft plan in the absence of
the balance of the watershed. The required report shall be subject to the approval
of the Director of Public Works.
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17. That the owner submit a plan, for the review and approval of the Director of Public
Works, illustrating the landscape treatment along the Baseline Road, road allowance
where it abuts the proposed Street A road allowance.
18. That the Owner shall pay to the Municipality at the time of execution of the
subdivision agreement, cash-in-lieu of parkland dedication for residential
development, equivalent to 1 ha per 300 dwelling units.
19. That the Owner shall pay to the Municipality, the development charges in
accordance to the Development Charge By-law, as amended from time to time, as
well as payment of a portion of front end charges pursuant to the Development
Charge Act if any are required to be paid by the owner.
20. The municipal infrastructure servicing requirements (parks, roads, street lighting and
sidewalks) and phasing of this development restricts the final approval and
registration of this plan, to Phase 1 only, as approved and on file with the Public
Works Department . The final approval and registration of any phase of
development subsequent to phase one of this plan will be deferred until such time
as
a) The Municipality's Development Charge By-law has been amended to
include the construction of the Neighbourhood Park, construction of Green
Road, reconstruction of Baseline Road, installation of street lighting and
sidewalks on Baseline Road and Green Road and any works or services
external to this plan deemed necessary by the Director of Public Works to
service this development.
b) The Municipality has approved the expenditure of funds for the provision of
the construction of the neighbourhood park, construction of Green Road,
reconstruction of Baseline Road, installation of street lighting and sidewalks
on Baseline Road and Green Road and any works or services external to this
plan, deemed necessary by the Director of Public Works to service this
development.
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21. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
22. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc.
to be buried underground.
23. That the Owner shall provide the Municipality, at the time of execution of the
subdivision agreement unconditional and irrevocable, Letters of Credit acceptable
to the Municipality's Treasurer, with respell to Performance Guarantee,
Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as
may be required by the Municipality.
24. That the Owner shall adhere to architectural control requirements of the
Municipality.
25. 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 plans are in accordance with the Noise Control Report as approved by the
Region of Durham and the Municipality of Clarington.
26. That the noise attenuation measures required adjacent proposed lots 18 and 48 be
constructed with a fence and berm combination, and that the fence not exceed a
maximum height of 1.8 metres, unless approved by the Director of Planning and
Development.
27. That prior to the issuance of building permits, access routes to the subdivision must
be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that
all watermains and hydrants are fully serviced and the Owner agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of
the Ontario Fire Code, storage of combustible waste be maintained as per
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
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28. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of construction or the development of the subdivision, the
Owner shall at his expense, either connect the affected party to municipal water
supply system or provide a new well or private water system so that water supplied
to the affected party shall be of quality and quantity at least equal to the quality and
quantity of water enjoyed by the affected party prior to the interference.
29. That the applicant supply on disk, in a CAD format acceptable to the Municipality a
copy of the Final Plan of Subdivision as well as a copy of each phase of registration.
30. That the applicant satisfy the requirements of the Central Lake Ontario Conservation
Authority financially and otherwise.
687
1
ATTACHMENT NO. 4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington.
Mayor
WHEREAS the Council of the Corporation of the Municipality of Clarington has
recommended approval to the Region of Durham of proposed draft Plan of Subdivision
18T-90050.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to
implement the proposed draft Plan of Subdivision.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing
the zone designation from:
"Agricultural (A)" to "Urban Residential Exception -Holding ((H)R1-41)";
"Agricultural (A)" to "Urban Residential Type Two -Holding ((H)R2)";
"Agricultural (A)" to "Urban Residential Exception -Holding ((H)R2-12)"; and
"Agricultural (A)" to "Urban Residential Type Three -Holding ((H)R3)";
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 Ad.
BY-LAW read a first time this day of 7998
BY-LAW read a second time this day of
1998
BY-LAW read a third time and finally passed this day of 1998
Clerk
688
This is Schedule "A" to By-law 98- ,
passed this day of , 1998 A. D.
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ZONING CHANGE FROM "A" TO "(H)R2"
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ZONING CHANGE FROM "A" TO "(H)R3"
Mayor Clerk
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