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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: January 11, 2021 Report Number: PDS-002-21
Submitted By:
Reviewed By:
File Number:
Faye Langmaid, Acting Director of Planning and Development Services
Andrew C. Allison, CAO
ZBA2018-0029
Resolution#: PD-020-21
By-law Number: 2021-006
Report Subject: An application by 2411 Baseline Limited to amend the Zoning By-law to
permit the development of a commercial property for a variety of uses at
2411 and 2415 Baseline Road, Bowmanville
Recommendations:
1. That Report PDS-002-21 be received;
2. That the application to amend the Zoning By-law submitted by 2411 Baseline Limited be
approved and that the Zoning By-law contained in Attachment 1 to Report PDS-002-21
be passed;
3. That a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan
approval has been granted and including the following items are satisfied:
a) Submission and acceptance of the intersection detail design and site entrance
design;
b) Construction of the access and any associated costs for the construction of the
access have been paid; and
c) Submission of a Stage One and Two Archaeological Assessment Clearance Letter
by the Ministry of Tourism, Culture and Sports, submission of a Phase Two ESA
Report and a Reliance Letter and Certificate of Insurance to the Region's
satisfaction.
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PDS-002-21.
5. That all interested parties listed in Report PDS-002-21 and any delegations be advised of
Council's decision by the Department.
Municipality of Clarington
Report PDS-002-21
Report Overview
Page 2
This report recommends the approval of a zoning change to allow a commercial
development located at 2411 and 2415 Baseline Road. The proposed zoning change would
facilitate a proposal that includes 26 commercial units.
Staff will continue to work with the applicant through the site plan approval process to ensure
that the comments from agencies and departments and conditions imposed for removing the
Holding (H) symbol are addressed.
1. Application Details
Owner/Applicant
Agent:
Proposal:
Area:
Location:
Roll Numbers:
Within Built Boundary
2. Background
2411 Baseline Limited
D.G. Biddle & Associates Limited
To permit a two -storey commercial development comprising:
• 3 restaurants, 13 retail units, 10 office units
• 133 parking spaces
1.43 ha
2411 and 2415 Baseline Road, Bowmanville
181701002007220 and 181701002007100
Yes
2.1 On November 19, 2018, the Municipality received a Zoning By-law amendment
application from 2411 Baseline Limited. The application was deemed complete on
November 21, 2018.
2.2 The applicant hosted a Public Information Centre on February 11, 2019 at the Comfort
Inn & Suites Hotel in Bowmanville to answer questions and to collect input from the
residents. Staff from D.G Biddle & Associates Limited were available to answer questions
regarding the application. Municipal staff and a Councillor were in attendance. No
members of the public attended the meeting.
Municipality of Clarington
Report PDS-002-21
Page 3
2.3 The Public Meeting under the Planning Act was held on February 19, 2019. The site plan
concept originally submitted with the zoning change application was for 23 commercial
units and a day care.
2.4 The applicant revised the site plan concept to address comments from agencies and
departments. The revised site plan concept consists of 3 buildings (Figure 1) including:
• A one storey restaurant building;
• A one storey building for 7 retail units and a restaurant;
• A two -storey building for 6 retail units and a take-out restaurant on the first floor
and 10 office units on the second floor.
2.5 The following studies were circulated for comments once the applicant provided the
outstanding Environmental Impact Study on September 2020:
• Planning Justification Report
• Update of Traffic Generation for the Proposed Commercial Development Report
• Functional Servicing and Storm Water Management Report
• Phase One Environmental Site Assessment
• Environmental Impact Study
3. Land Characteristics and Surrounding Uses
3.1 The subject site is generally flat, with a gentle slope from Baseline Road south and east.
3.2 The surrounding uses are as follows:
North - Baseline Park across Baseline Road and single detached homes.
South - Stormwater management pond
East - Residential property and Westside Creek.
West - Stormwater management pond and the South Bowmanville Recreation Centre
Municipality of Clarington Page
Report 1 1
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Figure 1: The subject site, revised concept site plan and surrounding area
4. ProvincialPolicy
Provincial ' • 1 1
4.1 The Provincial '•licy Statement (PPS) identifies settlement areas such as Bowmanville to
Municipality of Clarington
Report PDS-002-21
Page 5
shall promote the development of vacant or underutilized sites where feasible,
considering the availability of existing infrastructure. The PPS encourages municipalities
to promote long-term economic prosperity and support opportunities for economic
development.
4.2 The proposed commercial development minimizes land consumption and servicing costs
by promoting efficient, compact development and land use patterns.
4.3 The proposed commercial development is transit supportive as the development will be
located along Baseline Road which is served by Durham Regional Transit providing
regular public transit options to downtown Bowmanville as well as transit connections to
areas beyond via GO Transit.
4.4 The proposed commercial development will promote energy efficient measures to tackle
climate change including solar panels, electric charging stations and permeable parking
areas.
4.5 Based on the criteria described above, this development is consistent with the Provincial
Policy Statement.
Provincial Growth Plan (2019)
4.6 The Provincial Growth Plan directs development to settlement areas and promotes
development within the Built Boundary, which the subject site is.
4.7 The Growth Plan encourages the development of underutilized land and efficient use of
existing services and infrastructure in built-up areas. The proposed commercial
development promotes efficient land use by developing a vacant and underutilized lands
where services and infrastructure are available.
4.8 The Growth Plan directs commercial uses to locations that support active transportation
and have existing or planned transit. The proposed commercial development provides
pedestrian connections within the site and to the existing pedestrian network and transit
to facilitate active transportation.
4.9 This proposal conforms to the Provincial Growth Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The subject site is located within the "Living Area" designation of the Durham Regional
Official Plan. Limited office development and limited retailing of goods and services are
permitted in this designation.
Municipality of Clarington
Report PDS-002-21
Page 6
5.2 The proposed zoning -by law amendment will facilitate the development of various retail
and commercial uses adjacent to a designated Type `A' arterial road in the Durham
Regional Official Plan, increasing employment opportunities in the Municipality of
Clarington, consistent with the policies of the Durham Regional Official Plan.
Clarington Official Plan
5.3 The Clarington Official Plan (COP) designates the subject lands as Gateway Commercial
Centres and Environmental Protection Area. Gateway Commercial areas are intended to
serve the specialized needs of residents and attract visitors to the Municipality.
5.4 The proposed commercial development will be located adjacent to a Community Park
(South Bowmanville Recreation Centre) which attracts tourists and visitors to the
Municipality. The proposed development will benefit from the direct exposure and
adjacency to the South Bowmanville Recreation Centre. The proposed uses would also
be appropriate in the context of the surrounding residential neighbourhood and
commercial uses located further to the east by bringing employment opportunities that
can serve the community locally and beyond. The proposal will merge two properties that
will allow for a larger parcel of land. The proposed design proposes commercial units that
would provide flexibility to integrate units.
5.5 The Westside Creek, its floodplain and associated natural heritage system are located
immediately east of this property. No development is proposed on any of the features.
5.6 The application conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 The subject lands are currently zoned as follows:
• 2411 Baseline Road: "Holding - Light Industrial ((H)M1) Zone" and "Environmental
Protection (EP) Zone"
• 2415 Baseline Road: "Environmental Protection (EP) Zone"
6.2 The proposed commercial development is located in an area with Gateway Commercial
Centre and Environmental Protection Area Designations in the Official Plan. The zoning
change will allow staff to bring the zoning by-law into conformity with the Official Plan. By
changing the existing zoning "Holding - Light Industrial ((H)M1) Zone" exception to a
Special Purpose Commercial (C5) Zone the commercial development would provide a
variety of uses consistent with the policies of the Official Plan. The existing
"Environmental Protection (EP) Zone" limit would also be refined as per recommendations
of the Environmental Impact Study submitted with the application.
Municipality of Clarington Page 7
Report PDS-002-21
7. Summary of Background Studies
The following are studies submitted in support of the application:
Planning Justification Report
7.1 The Planning Justification report reviewed the land uses proposed against Provincial,
Regional and Municipal planning policy and concluded that the proposed commercial
development is appropriate for the site and neighbourhood from a planning perspective.
The report stated that the proposed commercial development will provide a mix of uses to
serve the current needs of the community. The report indicated that the proposed
commercial development is located within the existing built-up area and promotes efficient
development and land use patterns by minimizing land consumption and servicing costs.
7.2 This proposal will result in an appropriate form of development that will be compatible and
complementary to nearby recreational and residential uses and supports both active and
public transportation with a bus stop and bike lanes located on Baseline Road.
7.3 The report requests that the zoning by-law amendment allow for the proposed office use,
as well as a full spectrum of commercial retail uses and to update the Environmental
Protection (EP) Zone limits.
Traffic Report — Update
7.4 An update to the Traffic Report was required as the concept was revised, and more
recent traffic counts were provided by the Municipality. The traffic signal analysis states
that traffic signals are not warranted at Baseline Road/West Side Drive at this time.
However, eventual signalization of the intersection maybe warranted when the entrance
driveway is constructed at the Baseline RoadMest Side Drive intersection in concert with
the South Bowmanville Recreation Centre expansion.
Functional Servicing Report
7.5 The Functional Servicing Report identifies that the site can be serviced from the sanitary
sewer and watermain on Baseline Road. It also included the following recommendations:
• On -site storm sewers to be sized as per Clarington standards.
The proposed stormwater quantity control requires that post -development peak flow
does not exceed pre -development peak flows and that stormwater quality controls are
to be provided.
. Temporary sediment controls during construction will be managed with good
engineering practices.
Municipality of Clarington
Report PDS-002-21
Phase One Environmental Site Assessment Report
Page 8
7.6 The Phase One Environmental Site Assessment ("ESA") was undertaken to assess the
likelihood of environmental contamination originating from the site and neighbouring
properties. The site is made up of two properties. 2411 Baseline Road West which is
vacant and formerly used for agricultural purposes. 2415 Baseline Road West is a
residential property.
7.7 In a previous ESA document, a potential contaminating activity was identified within the
study area that may contribute to an area of `potential concern' on the site. The historic
report investigated the area of potential concern, impacts were not identified, and the
completion of a Phase Two ESA was not recommended. However, the Region of
Durham is requesting a Phase Two.
7.8 The current Phase One ESA report advised that based on the age of the building
(circa1970) a building materials survey is required prior to demolition.
Environmental Impact Study
7.9 The Environmental Impact Study ("EIS") states that there will be no net loss of provincially
significant natural heritage features (e.g., wetlands or fish habitat) or net negative impacts
on the functions of identified natural heritage features (e.g., water quality) as a result of
construction. This outcome of the study requires that the recommendations outlined in the
study to address potential impacts to natural heritage features and/or their functions
during the site preparation, construction and post -construction period are followed.
Additional dialogue with the Municipality of Clarington and CLOCA will need to occur so
that appropriate permitting processes are followed.
8. Public Submissions
8.1 Two residents contacted staff regarding this application requesting information:
Before the public meeting one resident inquired about the possibility of traffic lights at
the Baseline Road and West Side Drive intersection if this project is built. The Traffic
Report Update states that based on the analysis, the traffic signals are not warranted at
Baseline Road/West Side Drive Intersection under 2019 existing, 2025 background and
2025 total conditions. This will be further reviewed with the entrance design submission
through the site plan review process.
8.2 After the public meeting one resident was looking for information on the proposed uses and
availability of commercial space.
Municipality of Clarington
Report PDS-002-21
9. Agency Comments
Regional Municipality of Durham
Page 9
9.1 The Durham Planning Department is satisfied that the proposed use is consistent with
Provincial planning policies and conforms to the Durham Regional Official Plan.
9.2 The Durham Planning Department has reviewed the Phase One Environmental Site
Assessment (ESA) report however disagrees with the recommendation that a Phase Two
ESA is not required. The Region requires that the Phase Two ESA be undertaken and
that the report be provided to the Region. Once the Region is satisfied with its contents, a
Reliance Letter and Certificate of Insurance are required to be prepared, to the Region's
satisfaction.
9.3 The Durham Planning Department reviewed the Stage One and Two Archaeological
Report, which states that no further site assessment is required.
9.4 The Region generally has no concerns with the proposed rezoning of the subject site.
They have requested that a copy of the Stage One and Two Archaeological Assessment,
Clearance Letter by the Ministry of Tourism, Culture and Sports, a Phase Two ESA report
and a Reliance Letter and Certificate of Insurance be provided to the Region's satisfaction
and this occur prior to the (H) Holding provision being lifted.
9.5 The Regional Works Department supports the zoning change however has servicing and
transportation comments that will need to be addressed as part of the subsequent site
plan submission. The Regional Works Department staff found the traffic report update to
be acceptable.
Central Lake Ontario Conservation Authority (CLOCA)
9.6 CLOCA staff does not object to the proposed zoning change. CLOCA staff are satisfied
that all lands affected by natural hazards and natural heritage features have been
included in the proposed EP zone. CLOCA requested that the lands zoned EP be
dedicated to the Municipality of Clarington. Comments regarding planting requirements
will be required through the site plan process.
10. Departmental Comments
Public Works Department
10.1 The Public Works Infrastructure Division and Operations Division have no objection to the
proposed zoning change subject to the following comments:
Municipality of Clarington Page 10
Report PDS-002-21
10.2 The applicant provided a site plan concept with an access entrance to the site that aligns
with West Side Drive to mitigate vehicle conflicts from multiple accesses. Coordinating
with the South Bowmanville Recreation Centre expansion, a design for a combined
entrance would facilitate the commercial development and allow cost sharing. The
Municipality will create a municipal Right of Way (ROW) as an extension of West Side
Drive south of Baseline Road. This will provide access for the applicant and will not
require access easements.
10.3 If the applicant wants to move forward with the site plan ahead of the facility expansion,
the applicant will be responsible for the construction of the above noted access and any
associated costs. An example of associated costs would be legal costs, and the
construction cost to relocate the Ontario Power Generation (OPG) emergency siren. If the
applicant decides to wait for the facility expansion, the applicant will be responsible for
only a portion of the cost of the entrance with the value to be determined at that time.
10.4 Other additional comments will be required to be addressed through the site plan process
including the need for a traffic management plan, a detailed entrance design, and
revisions to servicing, grading, and sidewalk plans and reports.
Clarington Emergency and Fire Services Department
10.5 The Emergency and Fire Services Department has no objection to the proposed zoning
change to allow a commercial development and have provided comments that can be
implemented at the site plan approval stage.
Planning and Development Services — Building Division
10.6 The Planning and Development Services — Building Division has no objection to the
proposed zoning change.
11. Discussion
Proposed Commercial Development
11.1 The proposal represents a form of development encouraged by Provincial, Regional and
Municipal policies. It will add 4,147 square metres of commercial floor space in
Bowmanville, increasing job opportunities for the community and spurring additional
economic development.
11.2 Figure 2 illustrates the site plan concept for the commercial development. Buildings A and
B are located near Baseline Road while building C is located on the southeast part of the
site. The buildings partially screen the parking areas. The proposed development will be
connected to the sidewalk of Baseline Road. The supporting documents provided with the
Municipality of Clarington
Report PDS-002-21
Page 11
application suggest that the proposed development will also include solar panels to
reduce electricity demand from outside sources to serve this site.
Building C
Figure 2: Proposed development looking southeast from Baseline Road
Access to the Site
11.3 The subject site is located just east of the West Side Drive and Baseline Road
intersection, and as such access to the site would be restricted. Staff recommend the
entrance to the site be aligned with the intersection to provide full access.
11.4 To provide full access to the site, the Municipality has worked with the applicant to
combine the site entrance with a future expansion of the existing South Bowmanville
Recreation Centre. (Figure 3). The design of the entrance may have an impact on the
overall site design as the detailed drawing will be provided through the site plan process.
For this reason, the Public Works Infrastructure Division is recommending that the
submission (and acceptance) of the intersection detail design and site entrance design
drawing be addressed through the holding symbol (H).condition
Municipality of Clarington
Report PDS-002-21
Page 12
Figure 3: Proposed joint access to the subject site and the future entrance to the South
Bowmanville Recreation Centre
Environmental Protection
11.5 Environmental Protection Areas are recognized as the most significant components of the
Municipality's natural environment. The eastern part of the property is designated EP. The
West Side Creek, its valleyland and flood plain, and a wetland have been identified on the
east part of the site.
11.6 The Environmental Impact Study determined the limit of the land to be zoned EP, which
will include the above noted features as well as appropriate setbacks. The recommended
EP zone limit is consistent with policies of the Official Plan and CLOCA requirements.
The proposed development is consistent with the Report recommendations as all
development has been proposed outside the proposed EP zone area.
Municipality of Clarington
Report PDS-002-21
Zoning Change
Page 13
11.7 The proposed zoning by-law would place the subject lands in a site -specific Special
Purpose Commercial (C5) Zone and "Environmental Protection (EP) Zone". The zoning
change to a Special Purpose Commercial (C5) Zone exception will allow for a mix of
retail, restaurant and office uses, and a range of commercial uses consistent with the
policies of the Official Plan. The proposed zone will require both minimum and/or
maximum yard setbacks for the buildings to maintain an appropriate distance between the
buildings, the roads and adjacent properties. The proposed zoning change will also allow
for the refinement of the existing "Environmental Protection (EP) Zone" (attachment 1).
Concerns regarding the sensitive use (daycare) proposed originally
11.8 The applicant's original proposal included a day care. A day care is considered to be a
sensitive land use and new sensitive uses are not permitted within a three kilometre
radius of a nuclear facility. Ontario Power Generation (OPG) and the Canadian Nuclear
Safety Commission (CNSC) provided comments regarding the proposed development
stating that they have no specific concerns with permitting commercial uses on the
subject property, with the exception of the proposed day care use. Since then the
applicant has revised the proposal and removed the day care use from the proposal.
Urban Design and Sustainability
11.9 The applicant has made several changes to the concept plan since the original
submission based on the comments from Staff that will need further refinement through
the site plan process.
• Proposed Buildings A and B are located near Baseline Road which is consistent with
the urban design policies of the Official Plan. The location of Building A at the
intersection of Baseline Road and future expansion of West Side Drive would add
interest to the intersection while screening the parking area. Both Building A and
Building B provide patios that would contribute to animating the street.
• The proposed building elevations provide canopies that emphasize the windows and
doors and enhance the pedestrian environment.
• The site plan concept and rendering suggest that the development will provide green
building design and green infrastructure features including solar panels to minimize the
consumption of energy from the grid, electric charging stations, permeable parking
areas that contribute to mitigate the heat island effect of development.
Municipality of Clarington Page 14
Report PDS-002-21
11.10 The proposed development has been designed to provided safe, well-defined pedestrian
walkways that connect to Baseline Road. The site design will make it easy for pedestrians
and cyclists to access the sidewalk, road and transit network available near the site.
Consideration and need for a marked crosswalk connecting the development to the
sidewalk, trail network and bus stop design will be required with the detailed design of the
intersection of West Side Drive and Baseline Road through the site plan process.
Conditions to be Satisfied Prior to Removing (H) Holding Symbol
11.11 Staff recommend that the zoning by-law amendment be approved with conditions. Staff is
satisfied with adding site specific conditions to be satisfied prior to removing the (H)
Holding symbol. This is an appropriate planning tool for the development of the lands that
will allow the principle of development to be approved. The Official Plan has provisions for
applying and removing the Holding Symbol pursuant to the Planning Act.
11.12 The recommended conditions would be in addition to the standard conditions for
removing the (H) Holding symbol such as entering into a site plan agreement and
satisfying all financial obligations, the follow conditions must be also satisfied, through site
plan agreement, prior to the lifting of the holding provision:
a) Submission and acceptance of the intersection detail design and site entrance design;
b) Construction of the access and any associated costs for the construction of the access
have been paid; and
c) Submission of a Stage One and Two Archaeological Assessment Clearance Letter by
the Ministry of Tourism, Culture and Sports, submission of a Phase Two ESA report
and a Reliance Letter and Certificate of Insurance to the Region's satisfaction.
11.13 The applicant is agreeable that the Zoning By-law Amendment include a (H) Holding
symbol pending the future approval of a site plan application.
Site Plan Process
11.14 The applicant has been notified of comments from agencies and departments that will
need be addressed as part of the site plan process. Staff will work with the applicant
through the site plan review process to address detailed urban design and sustainable
design, final site and building design, landscaping, green infrastructure features and
signage.
12. Concurrence
Not Applicable.
Municipality of Clarington
Report PDS-002-21
13. Conclusion
Page 15
In consideration of all agency, staff and public comments, it is respectfully recommended
that the zoning change to allow the commercial development be approved.
Staff Contact: Ruth Porras, Senior Planner / Urban Designer, 905-623-3379 ext. 2412 or
RPorras(a)_clarington.net; Carlos Salazar, Manager of Community Planning and Design, 2409 or
csalazar a( clarington.net.
Attachment:
Attachment 1 - Draft Zoning By -Law
List of interested parties to be notified of Council's decision is on file in the Planning and
Development Services Department.
Attachment 1 to Report PDS-002-21
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2019-XXX
Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
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 2018-0029 to permit the development of a commercial property for a
variety of uses;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
Section 20.4. "Special Exceptions — Special Purposed Commercial (C5) Zone" is
hereby amended by introducing a new Sub -section 20.4.17 as follows:
" 20.4.17. Special Purpose Commercial Exception ((H)C5-17) Zone"
Notwithstanding Sections 19.1 b, 19.3.d., e. and f. and 3.12 those lands zoned
C5-17 on the Schedules to this By-law shall be used subject to the following zone
regulations:
a. Definitions
i) Department Store: Shall mean a retail/commercial establishment
organized into a number of individual departments and primarily
engaged in the sale to the public a wide variety of commodities,
including clothing, hardware, home furnishings and household
appliances.
b. Non -Residential Uses
i) Business, Professional or Administrative Offices;
ii) Building supply outlet;
iii) Beer, liquor or wine outlet;
iv) Eating establishment;
v) Eating establishment, take-out;
vi) Garden or nursery sales and supply establishment;
vii) Laundry;
viii) Retail/Commercial Establishment, excluding department stores,
supermarkets, and sales of furniture, major appliances and office
furniture;
2
91
CI
ix) Service shop, personal;
x) Service shop, light;
xi) Veterinarian clinic;
xii) No drive -through facility is permitted for an eating establishment;
and
xiii) No outdoor storage and display are permitted;
C. Loading Spaces
i) A permitted use with up to 411 square metres gross commercial
floor area requires a loading space of 7.5 metres x 3.0 metres.
ii) Two loading spaces of 11 metres x 4.0 metres
d. Regulations for Non -Residential Uses
i) Front Yard and Exterior Yard (minimum) 3 metres
(maximum) 6 metres
ii) Interior Side Yard (minimum east side) 10 metres
iii) Interior Side Yard (minimum west side) 5 metres
Schedule `3' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
Holding - Light Industrial ((H)M1) Zone" to "Special Purpose Commercial
Exception ((H)C5-17) Zone";
"Environmental Protection (EP) Zone" to "Special Purpose Commercial Exception
((H)C5-17) Zone"; and
"Holding -Light Industrial ((H)M1) Zone" to "Environmental Protection (EP) Zone"
as illustrated on the attached Schedule W.
Schedule `A' attached hereto shall form part of this By-law.
This By-law shall come into effect on the date of the passing, subject to the
provisions of Section 34 of the Planning Act.
By -Law passed in open session this day of
. 2021
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
This is Schedule "A" to By-law 2021- , passed this day of , 2021 A.D.
0
LO N
M
N N N
N
0 Zoning Change From "(H)MI" To "(H)C5-17"
Zoning Change From "EP" To "(H)C5-17"
,N
s
Zoning Change From "(H)MI" To "EP"
0 Zoning To Remain "EP"
Bowmanville • ZBA 2018-0029 • Schedule 3
Adrian Foster, Mayor June Gallagher, Municipal Clerk