HomeMy WebLinkAboutPD-81-93
UNFINISHED BUSINESS
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: VALIANT.GPA
General Purpose and Administration Committee
Meeting: File #
Monday, May 17, 1993 Res. #
Date:
PD-81-93 OPA 92-003/D, OPA 92-001/N, #
#: File #: NPA 92-001 (X-REF DEV 92-003)
Subject: OFFICIAL PLAN AMENDMENT APPLICATION DURHAM REGION,
OFFICIAL PLAN AMENDMENT APPLICATION TOWN OF NEWCASTLE
NEIGHBOURHOOD PLAN AMENDMENT APPLICATION
ZONING BY-LAW AMENDMENT APPLICATION
VALIANT PROPERTY MANAGEMENT
Recommend~~ LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-81-93 be received;
2. THAT the application to amend the Durham Regional Official
Plan be recommended for approval;
3. THAT the application to amend the Town of Newcastle Official
Plan, to permit a shopping centre having 8100 sq.m of floor
partially composed of a 3251 sq.m food store, be approved
within the context of the modification to Amendment #41 to the
Town of Newcastle Official Plan as contained in Report PD-80-
93;
4. THAT the application to amend the Courtice West Neighbourhood
Plan be approved to permit the application as proposed within
the context of Amendment #10 to the Courtice West
Neighbourhood Plan (Attachment #5 to Report PD-80-93);
5. THAT the application for amendment to the Town Of Newcastle
Comprehensive Zoning By-law 84-63, as amended, submitted by
Valiant Property Management be approved, and the by-law be
passed subsequent to approval of the proposed modifications to
Amendment #41 by the Minister of Municipal Affairs and subject
to the site Plan details and agreement finalized to the
satisfaction of the Town;
6. THAT the Ministry of Transportation be requested to revise the
building setback requirements along King Street (Highway #2)
for the Courtice Urban Area to reflect urban, not rural
building setbacks in accordance with the Ministry of
Transportation's "Transit supportive Land Use Planning
Guidelines" and the 1991 Durham Regional Official Plan
policies for Central Areas;
HECYCLED PAPIER
PAPER RECYCLE;
TIllS IS Pf1iNTEDON RECYCLED PAPEH
REPORT NO.: PD-81-93
PAGE 2
7. THAT the city of Oshawa Planning Department, the Region of
Durham Planning Department, the Ministry of Municipal Affairs,
the Ministry of Transportation and the ontario Municipal Board
be advised of Council's decision and forwarded a copy of this
report; and
8. THAT the interested parties listed in this' report and any
delegation be advised of Council's decision.
1. LOCATION
The subject property is described as being located in part of
Part Lot 35, Concession 2, Former Township of Darlington. T~e
lands have frontage on the north side of Highway No.2, the
east side of Townline Road North (Regional Road 55), and the
south side of Nash Road. The applicant has consolidated more
than a dozen land parcels including the following municipal
addresses, 1406 inclusive to '1414 Highway No.2, 3 to 17
Townline Road North, and 1403 inclusive to 1415 Nash Road.
2. APPLICATION DETAILS
2.1 Applicant: Halloway Holdings Limited et ale
2.2 Agent: Valiant Property Management
2.3 Durham Regional Official Plan Amendment:
To permit the proposed development of 8083
sqjm commercial plaza comprised of 3252 sqjm
of food store floor area, 4552 sqjm of
commercial retail floor space, and 279 sqjm of
floor space for a take-out restaurant.
2.4 Local Official Plan Amendment:
From Gateway Commercial Policy Area "B"
Special Purpose Commercial and Residential as
per Amendment #41 to permit the proposed
commercial development.
2.5 Neighbourhood Plan Amendment:
From Special Purpose Commercial wi thin the
Gateway Commercial Node and medium density
Residential to permit the proposed development.
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REPORT NO.: PD-81-93
PAGE 3
2.6 Zoning By-law Amendment:
From "Special Purpose Commercial (C5)", "Urban
Residential Type One Holding ((H)R1)",
"Urban Residential Type One (R1)" and "Urban
Residential Exception - Holding ((H)R3-10)" to
an appropriate zone to permit the development
of a commercial shopping centre, including
retail, personal and financial uses.
3.3 ha (8.0 acres)
2.7 Land Area:
3. EXISTING AND SURROUNDING LAND USES
3.1 As the subject lands are a consolidation of separate land
parcels, the current uses of these properties are in varying
stages of transition. Most of the Highway No. 2 frontage is
vacant, while single family residences occupy half of the
Townline Road frontage properties and all of the Nash Road
frontage lots. These existing structures will have to be
demolished or removed to accommodate the proposed shopping
centre.
3.2 The surrounding land uses are as follows:
South: Existing strip commercial plazas and residential
subdivision further south.
East: Existing residential dwellings, Adams Warehouse and
a service garage on Highway No.2, and residential
development on Bridle Court and along Nash Road.
North: Existing residential dwellings fronting on the
north side of Nash Road and along Townline Road
North.
West:
On the east side of Townline Road is the V-Plus
fuel bar/car wash and the East Oshawa Animal
Hospital Veterinary Clinic, and on the west side is
the Kingsway Village Plaza and Kingsway College.
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REPORT NO.: PD-81-93
PAGE 4
4. BACKGROUND
4.1 In January of 1992 the Town of Newcastle received applications
to amend the Town's Official Plan, Courtice West Neighbourhood
Plan and the Town's Comprehensive zoning By-law as submitted
by Valiant Property Management. Application for site Plan
Agreement was also filed at that time. In February of 1992
Planning staff were advised of, and were requested to comment
on a related application to amend the Durham Regional Official
Plan.
4.2 In addition to submitting the above-noted applications,
Valiant Property Management has requested referral to the
ontario Municipal Board of all Town initiated amendments
dealing with the Courtice West Corridor. As discussed in PD-
80-93, this includes Amendment #41 to the Town of Newcastle
Official Plan, Amendment #259 to the 1976 Durham Regional
Official Plan, Zoning By-law Amendment 91-63 as adopted by
Town Council and all applications submitted by Valiant
Property Management for the subject lands. The proponent has
referred the above-referenced documents to the ontario
Municipal Board on the basis that the amendments as approved
by Council and the Region would not permit the subject
proposed development. Furthermore, as a result of the 1991
Durham Regional Official Plan, identifying the lands as being
within a Sub-Central Area designation and the work being done
by the Town through the Commercial Hierarchy Study, the
applicant believed there may be potential for re-visiting the
corridor area policies. The referral of various matters to
the ontario Municipal Board was made in order to "get the
application in the system" for an early hearing in the event
of negati ve reactions to the proposal by any government
agency.
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REPORT NO.: PD-81-93
PAGE 5
4.3 The proponent submitted a market study entitled "MARKET DEMAND
AND IMPACT ANALYSIS FOR PROPOSED COMMERCIAL DEVELOPMENT AT
N.E. CORNER OF TOWNLINE ROAD/KING STREET WEST (HIGHWAY 2),
prepared by Larry smith & Associates Ltd., dated January 10,
1992, with the application. In November of 1992 this was
supplemented with a second study, "SELECTED RETAIL AND SERVICE
SPACE REQUIREMENTS FOR THE COURTICE COMMUNITY". This second
report was also prepared by Larry Smith & Associates Ltd.
5. PUBLIC MEETING AND RESPONSE
5.1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, the appropriate signage
acknowledging the Official Plan Amendment and Zoning By-law
Amendment application was installed on each frontage of the
subject lands. In addition, the appropriate notice was mailed
to each landowner and tenant within the 120 metre prescribed
distance, as well as the City of Oshawa Clerks Department, at
least 20 days prior to the March 16, 1992 meeting.
5.2 The residents from Bridle Court and Nash Road forwarded
letters of concern and objection to the proposal. Issues of
increased traffic, crime, vandalism and noise were raised as
a result of the proposed development. As well there were
concerns expressed over garbage bin locations and potential
impact on the value of the abutting residential properties.
Suggested conditions to be incorporated in the site plan
approval process were also presented by the residents.
Concerns of the residents are discussed later on in the
report.
6.
OFFICIAL PLAN POLICIES
DURHAM REGION OFFICIAL PLAN
Within the current Durham Region Official Plan (1976) the
subject property is designated "Residential" which does
6.1
6.1.1
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REPORT NO.: PD-81-93
PAGE 6
not permit the proposed development.
6.1.2
The Durham Region Official Plan as adopted by Regional
Council on June 5, 1991, designates a Sub-Central Area
generally centred on the intersection of Highway No.2 and
Townline Road. This designated Sub-Central Area includes
lands in both Newcastle and Oshawa and may develop to a
maximum of 20,000 sq/m (215,000 sq/ft) of commercial
floor space in each municipality.
Sub-Central Areas are to be planned and developed similar
to, but generally smaller in scale than, a Main Central
Area. Central Areas are to develop as the focal point of
cul ture, art, entertainment and assembly through the
provision of public squares. They should be based on a
mix of uses and grid system of roads and walkways and
have provision for potential transit.
6.2 TOWN OF NEWCASTLE OFFICIAL PLAN
6.2.1 On May 15, 1991, Regional Council approved amendment #41
to the Newcastle Official Plan, introducing a Gateway
Commercial Area, as well as approving amendment #259 to
the Regional Plan. The subject lands are contained within
Policy Area "B" of the Gateway Commercial designation.
Said designation permitted special purpose commercial
uses which typically occupy larger parcels of land. In
response to the 1991 Durham Regional Official Plan and
the Ministry's comments on Amendment #41, staff proposes
a modification to Amendment #41 to introduce the "Sub-
Central Area" designation to the local plan that would
permit the proposed shopping centre (refer to report PD-
80-93 for details) .
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REPORT NO.: PD-81-93
PAGE 7
6.2.2
within the Town of Newcastle Official Plan, as amended
and approved by both the Town and Regional Council's the
subject property is designated as "Residential" and
"Gateway Commercial Area". The subject application for
Official Plan Amendment is consistent with staff
recommendation contained in Report PD-80-93 dealing with
modification to Amendment No. 41.
6.3 NEIGHBOURHOOD PLAN
6.3.1 The Courtice West Neighbourhood Plan designates the
subject lands as Special Purpose Commercial and Medium
Density Residential. The Neighbourhood Plan is also
being amended through report PD-80-93. The subject
application is consistent with the new designations
proposed through the above referenced Planning Director's
Report.
7. ZONING BY-LAW PROVISIONS
7.1 The current zoning on the subject property is "Special Purpose
Commercial (C5)", "Urban Residential Type One HOlding
( (H) R1) ", "Urban Residential Type One (R1)" and ''''Urban
Residential Exemption - Holding ((H)R3-10). The commercial
uses permitted in the 'C5' zone would typically occupy larger
tracts of lands and serve the occasional needs of area
residents, such as, furniture malls and car dealerships. The
application does not comply with the current zoning, hence the
application for zoning by-law amendment.
8. MARKET STUDIES
8.1 As noted previously the applicant submitted two retail market
analyses in support of the proposed commercial development.
Furthermore, works being undertaken as part of the NEWCASTLE
COMMERCIAL HIERARCHY Study by the Town's consultant was
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REPORT NO.: PD-81-93
PAGE 8
reviewed as it relates to the development of the Sub-Central
Area and the subject site in particular.
8.2 The January 1992 report entitled "MARKET DEMAND AND IMPACT
ANALYSIS FOR PROPOSED COMMERCIAL DEVELOPMENT AT N.E. CORNER OF
TOWNLINE ROAD/KING STREET WEST (HIGHWAY 2)", prepared by Larry
smith & Associates, concluded that there is sufficient retail
and service expenditure potential, in the site trade area, to
justify a commercial development of 70,000 to 90,000 square
feet of gross leasable floor area to be operational by 1994.
The recommended range of floor area breaks down as follows:
Major store Type Square Feet GLA Recommended Range
Supermarket 32,000 30,000 - 35,000
specialty Food 6,000 5,000 - 7,000
Drug Store 5,000 4,000 - 6,000
Hardware/Paint and Paper 4,000 3,000 - 5,000
Liquor/Beer/Wine 5,000 4,000 - 6,000
Eating and Drinking 9,000 8,000 - 10,000
Personal Services 3,000 2,000 - 3,000
Bank/Trust Company 2,500 2,000 - 3,000
Additional Retail N/A 7,000 - 10,000
Library N/A 5,000
TOTAL: 70,000 - 90,000
8.3 The impact this development would have on the designated Main
Central Area at Trulls Road and King Street (Highway #2), was
reviewed in part through a second submission from Larry Smith
and Associates Ltd., as well as through the Commercial
Hierarchy Study prepared by Arthur Anderson for the Town. The
Larry smith evaluation considered selected retail and service
c')
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REPORT NO.: PD-81-93
PAGE 9
space requirements for the Courtice Community based on three
different ultimate population scenarios ranging from 45,000 to
55,000. The report concluded that should all the currently
designated and proposed commercial applications proceed
(690,000 sq.ft.), even at a low development scenario (45,000
people), there will ultimately be sufficient population to
support these proposed developments.
8.4 The development of the Sub-Central Area at this time, and in
particular the proposed supermarket component of the proposal
is further supported by the Commercial Hierarchy Study being
undertaken by Arthur Anderson and Associates on behalf of the
Town. This study identified the need for Courtice to develop
a "destination" centre in order to recapture outflow of
dollars for higher order goods. Although the study indicates
a number of factors combine to postpone the creation of a
viable Main Central Area at Trulls and King Street, it
suggests this proposed development, being wi thin the Sub-
Central Area should proceed in the short-term to address
interim oPP?rtunities to capture retail expenditures of
Courtice and Oshawa residents within the immediate area. At
the 20 year population forecast of approximately 28,000 there
is enough potential floorspace to be accommodated within the
Sub-Central Area and a substantial portion of the Court ice
Main Central Area.
9. AGENCY COMMENTS
9.1 In accordance with departmental procedure the subject
applications were circulated to a number of agencies and
departments for comments. The following advised they had no
objection to further processing of the subject amendments.
ontario Hydro, the Public School Board, the Separate School
Board and the Fire Department.
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REPORT NO.: PD-81-93
PAGE 10
9.2 The Town Public Works Department provide comments advising
they have no objection to proposal, in principle, subject to
conditions. The applicant is required to submit the following
reports/works for the approval of the Director of Public
Works:
. Stormwater Management and Implementation Report
. On-site traffic analysis
. Lot Drainage and Grading Plan detailing the configuration
of the on-site storm sewer (minor system) and conveyance
of the overland flow (major system) from the site.
In addition the applicant will be required to enter into a
site plan agreement with the Town detailing all the standard
Public Works requirements, all costs to be borne by the
applicant, and containing a detail staging plan that will
control sequential development of the proposal.
9. 3 The 'Community service Department advised of no obj ection
subject to a 2% parkland dedication be accepted as cash-in-
lieu of parkland. The applicant is requested to incorporate
the landscape treatment recommendations of the Highway No. 2
Corridor Study and appropriate buffering be implemented
between the commercial and the residential uses.
9.4 Regional Works Staff review of the proposal noted no objection
to further processing of the application. Works Staff advised
that full municipal services are available to the site. Road
widening and site triangle dedication will be required through
the related site plan approval process, as well a traffic
study will be required to assess any intersection
improvements, signalization requirements, or proposed entrance
locations, all of which is to be addressed at site plan
approval stage.
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REPORT NO.: PD-81-93
PAGE 11
9.5 Central Lake ontario Conservation Authority Staff have
reviewed the proposal and note that site drainage is to the
northwest, to the Harmony Creek. Said watercourse is
currently being reviewed in a master drainage study in order
that impacts of development within the drainage areas can be
assessed. It is necessary that the applicant demonstrate how
runoff from the site will be controlled in a post development
situation. As well Conservation Authority staff request
determination of how, or if contributions from lands
developing in Newcastle are to be applied to the study area
which is predominantly located in Oshawa.
9.6 Ministry of Natural Resources Staff provided no objection to
the applications subject to conditions of approval. The
conditions are to be imple~ented through the site plan
approval process and deal predominantly with the issue of
erosion and sediment control.
9.7 The Ministry of Transportation comments advised that access to
Highway No. 2 will be restricted to one location point and
commercial traffic must be kept separate from the gas station
patrons. Further information regarding site plan details was
requested and issues such as stormwater management must be
resolved prior to site plan approval. As well it was noted
that all buildings must be setback 14 m from the streetline or
32 m from the Highway centreline. Additionally a right turn
taper for the King Street access will be required.
9.8 The City of Oshawa Planning Department prepared a report for
Oshawa Planning Committee and Council's consideration. Said
report recommended no objection to the approval of the
application, subject to the deletion of the proposed
supermarket component of the subject proposal. Oshawa
Planning Staff and their commercial consultant are of the
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REPORT NO.: PD-81-93
PAGE 12
opinion that the proposed food store anchor for the Valiant
Centre will directly impact on the timing and viability of a
food store anchor at Fleetwood Drive and Rossland Road East.
As well the report suggests that a second major food store at
Townline Road and Highway No. 2 is not warranted. In Planning
staff's opinion, the Zellers and Loblaws commercial floor
space presently acts as an anchor for the balance of the
commercially designated lands in the proposed Sub-Central Area
in the Town of Newcastle. Oshawa Planning Committee and
Council adopted a resolution to receive the report for
information and took a position of no objection to the Valiant
proposal.
10. STAFF COMMENTS
10.1 The applications as submitted propose to develop an 8083 m2
(87,000 ft2) shopping centre on the east side of Townline Road
between Nash Road and King Street (Highway #2). The applicant
proposes to establish a 3252 m2 (35000 ft2) supermarket anchor
for the development. The balance of the site is to contain
4552 m2 (49000 ft2) of retail commercial floor space and 279
m2 (3000 ft2) for a take-out restaurant.
10.2 Amendment #41 to the Town of Newcastle Official Plan
originally designated some of the subject lands as Special
Policy Area 'B' - Special Purpose Commercial within the
Gateway Commercial Area designation, whereas the majority of
the lands (along Nash Road and Townline Road) were designated
for medium density residential uses. The Sub-Central Area
designation in the 1991 Durham Regional Official Plan, in
conjunction with the Commercial Hierarchy Study has prompted
Staff's reconsideration of Courtice West Corridor Study Area
and Amendment #41 (see report PD-80-93).
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REPORT NO.: PD-81-93
PAGE 13
10.3 The Sub-Central Area designation in the Durham Regional
Official Plan is centred on the intersection of Townline Road
and King street (Highway #2). The site of the subj ect
application on the northeast corner of said intersection
provides opportunity to build upon the existing commercial
lands in Oshawa, developing the central area as a strong focal
point of activity in conformity with the goals of the 1991
Regional Official Plan. The site is considered to be in
conformity with the Sub-Central Area policies of the 1991
Regional Plan, as well as Amendment #41 to the Town of
Newcastle Official Plan, as modified. The subject lands are
suitable for commercial development proposed, in particular
containing a supermarket that will create a synergy with the
existing commercial development in Oshawa.
10.4 The site will be conveniently accessed by transit along both
Townline Road and King street. Pedestrian access to the site
is sustained through the use of walkways and key access points
from the arterial roads. The design of the development has
been revised to provide a strong street front orientation at
the two extremes of the proposal, at Townline Road and Nash
Road intersection and the east end of the site along King
Street.
10.5 The introduction of an office commercial designation at the
Townline/King Street intersection provides opportunity, in the
future, for redevelopment of the veterinary clinic and V-Plus
lands with a street front-oriented multi-storey structure.
10.6 The proposed development is considered to be compatible with
uses envisioned for the Sub-Central Area through modification
to Amendment #41. Expansion of commercial uses, through the
Sub-Central Area designation, to Nash Road allows for a nodal
configuration of the SCA as opposed to solely a linear format
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REPORT NO.: PD-81-93
PAGE 14
along King street. As noted previously the site is bounded by
roads on three sides. To the west it abuts commercial
development of a larger scale. To the south is the Veterinary
Clinic and V-Plus lands as well as existing and proposed
developments on the south side of King street. To the east
and north there is existing residential which is not
considered to be part of the Sub-Central Area. These lands
will be buffered from the commercial development through site
plan design, setback requirements and fencing.
10.7 Development of the subject site, within the Sub-Central Area,
with a food store component is sustained by the work completed
to date of Arthur Anderson and Associates. These findings are
further supported by the work of the applicant's consultant.
The first commercial retail market analyses submitted by the
applicant indicates support for the application without
significant impacts on existing commercial nodes in either
Newcastle or Oshawa. The second study illustrates that the
development of this site wi thin the Sub-Central Area would not
jeopardize the development of the Main Central Area, in
consideration of an ultimate Courtice population of at least
45,000 people
10.8 Issues such as building setback from King Street (Highway #2)
will require further dialogue through the site plan approval
process. Although the applicant has revised the submission to
provide a street front orientation to the restaurant as
suggest by staff, Ministry of Transportation officials have
advised that a 14 m setback from the streetline is required
for all buildings. This position would appear to counter the
policies of the Regional Official PJ,an for street front
oriented Central Areas. Furthermore, the comments contradict
the Ministry's own "Transit Supportive Land Use Planning
Guidelines" as released in April of 1992. Said policy
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REPORT NO.: PD-81-93
PAGE 15
documents strongly encourages street front oriented buildings,
creating a more pedestrian and transit supportive streetscape.
10.9 Revisions to the proposal to address resident concerns include
enclosing all garbage bin locations within the building or a
solid enclosure. The take-out restaurant location, although
still at the east end of the site, is now closer to the
street, and further removed from the abutting residents.
Other issues expressed by the residents with respect to impact
on residential property values, crime and vandalism is
difficult to assess. The issue of noise will be addressed by
the applicant's consultant prior to site plan agreement.
Items to be considered will include noise fencing along the
property line, as well as noise attenuation for roof
mechanical equipment. Recommendations from the consultant
will be incorporated into the site Plan Agreement. The
applicant is also completing a traffic impact study for the
site. The study will assist in dealing with egress and
ingress requirements and queuings. Traffic form the site is
directed predominantly to King street and Townline Road, both
arterial roads, with minor traffic flows towards Nash Road
which is a designated collector road.
11. CONCLUSION
11.1 In consideration of the comments contained within the report,
the supporting documentation submitted by the applicant, the
Commercial Hierarchy study prepared by Arthur Anderson and
Associates, and the modification to Official Plan Amendment
#41, as contained in PD-80-93, staff would have no objection
for recommending approval of the amendment to the Regional
Official Plan and approving said application for Official Plan
Amendment within the context of modification to OPA #41.
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REPORT NO.: PD-81-93
PAGE 16
Respectfully submitted,
Recommended for presentation
to the Committee
d r fl..J( Qw ~
Franklin Wu, M.C.I.P.
Director of planning
and Development
CP*FW*df
10 May 1993
ATTACHMENT #1
ATTACHMENT #2
ATTACHMENT #3
- Key Map
- Location Map
- Preliminary site Plan
Interested parties to be notified of Council and Committee's
decision:
Valiant Property Management
177 Nonquon Road, 20th Floor
OSHAWA, ontario
L1G 3S2
Judy Posteraro
26 Bridle Court
Courtice, ontario.
L1E 2B1
Pallett Valo
suite 2300
The Standard Life Centre
121 King street West
TORONTO, ontario
M5H 3T9
Attention: Linda Townsend
Heather Schneider
23 Bridle Court
Courtice, ontario.
L1E 2B1
John Wilson
1421 Highway No. 2
(King Street)
COURTICE, ontario
L1E 2J6
Michael Deeb
24 Bridle Court
Courtice, ontario.
L1E 2B1
Christine Frechette
666 Antgua Crescent
OSHAWA, ontario
L1J 6B4
:J60
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