HomeMy WebLinkAboutPD-97-95DN: DEV90071.c1FHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # 2cQ- 2/ c- ' c) l
Date: Tuesday, September 5, 1995
Res. #(--., P-01 -. , 5
Report #PD -97 -95 File #:DEV 90 -071 (X -REF 18T- 90032) By -law #_
Subject: REZONING APPLICATION - WILLIAM DANIELL /SEBASTIAN CORBO
PART LOT 17, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
SOUTH OF HIGHWAY NO. 2 ON GREEN ROAD
FILE: 18T -90032 (X -REF DEV 90 -071)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -97 -95 be received;
2. THAT the proposed Plan of Subdivision 18T -90032 dated July
1990, be APPROVED subject to the conditions of approval
contained in Attachment No. 2 of this Report;
3. THAT the Mayor and Clerk be authorized, by by -law, to execute
a Subdivision Agreement between the Owner and the Municipality
of Clarington at such time as the agreement has been finalized
to the satisfaction of the Director of the Public Works and
Director of Planning;
4., THAT the attached amendment to By -law 84 -63 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 the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: William Daniell /Sebastien Corbo
1.2 Agent: Design Plan Services Inc.
1.3 Rezoning Application:
from "Agricultural (A)" and "Rural Cluster (RC)" to
appropriate zone to permit the development of a proposed
plan of subdivision.
562
....2
REPORT NO. PD -97 -95 PAGE 2
1.4 Subdivision:
proposing a total of 23 units consisting of eight, 12.0
m (40 ft) minimum frontage single family dwelling lots
and two blocks for 15 on- street townhouse dwellings.
1.5 Land Area: 0.89 Ha (2.19 Acres)
2. LOCATION
2.1 The subject property is located south of Highway No. 2 and
north of the Canadian Pacific Rail line having approximately
102 metres of frontage on the west side of Green Road. The
lands are municipally known as 1612 and 1630 Green Road. The
subject property is located in Part Lot 17, Concession 1,
former Township of Darlington.
3. BACKGROUND
3.1 An application for amendment to the former Town of Newcastle
Comprehensive Zoning By -law 84 -63, as amended was received by
the Clarington Planning and Development Department on July 31,
1990. The following month the Region of Durham Planning
Department advised of an application for proposed Plan of
Subdivision (18T- 90032). As noted above, the proposal
contains eight (8) single detached dwelling units. These
units are proposed to access a road partially contained within
adjacent plan of subdivision (18T- 88047) to the west. The
fifteen (15 ) townhouse units are proposed to access onto Green
Road by way of a private right -of -way.
3.2 Public Meeting for the subject application for zoning by -law
amendment was held October 22, 1990. No one spoke at the
Public Meeting and no changes have taken place to the proposal
to warrant any further Public Meetings.
4 EXISTING AND SURROUNDING USES
4.1 The subject lands are currently occupied by a single family
dwelling unit which is to be removed should the proposed
development proceed. ....3
REPORT NO. PD -97 -95 PAGE 3
Surrounding land uses include:
South: limited existing residential and vacant land
subject to Draft Approval for 18T- 88047.
East: limited existing residential and vacant land
subject to commercial development applications
and Canadian Tire.
North: limited residential and vacant land subject to
development applications.
West: vacant land approved for residential
development (18T- 87047).
5 OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan the subject property
is designated "Living Area ". The living area policies
encourage development containing a wide variety of housing
mix, type, style and tenure. In addition, Green Road has been
identified as a type "C" arterial in the Durham Plan. Said
road designation is to provide an acceptable level of service
and vehicle operating speed while complementing adjacent land
uses and activities. The application appears to conform.
5.2 Within the former Town of Newcastle Official Plan the subject
property is located in Neighbourhood 113C" and is designated
"Low Density Residential ". The Low Density Residential
policies permit development to a maximum of 30 units per net
residential hectare and must be in compliance with the
population target of 2500 for the subject neighbourhood. The
applicant is proposing to develop eight single family dwelling
lots and fifteen townhouse units (23 units total) on 0.77 ha
of land for a density of 29.8 units per net residential
hectare. Both the density and population target appear to be
in compliance.
5.3 The on- street townhouse units are proposed to front on Green
....4
564
REPORT NO. PD -97 -95 PAGE 4
Road. Green Road is currently designated as a collector road
in the Municipality's Official Plan, however, through the
Clarington Draft Official Plan it is recommended that Green
Road be redesignated to a Type 'B' Arterial. Should this
designation be ultimately approved, the new policies suggest
that access to Green Road should be limited in order to ensure
an effective level of service for the anticipated volumes of
traffic. In this regard, the applicant proposed a private
lane in front of the townhouse units with a single access to
Green Road. In addition the type "B" arterial may warrant a
road widening in excess of the 5.0 m suggested by Public
Works.
6 ZONING POLICIES
6.1 The current Comprehensive Zoning By -law 84 -63, as amended,
zones the subject property "Agricultural (A)" and "Rural
Cluster (RC)". The proposed single family dwelling units and
townhouse units would not be permitted under the current
zoning, hence the need for the zoning by -law amendment.
7 AGENCY COMMENTS
7.1 In accordance with departmental procedure the subject
applications were circulated to a number of agencies and
departments for comment. The following agencies /departments
provided no objection to the applications in their comments
Public School Board, the Separate School Board, Ontario Hydro,
7.2 The Municipality of Clarington Public Works Department have
reviewed the application and advise they have no objection to
the proposal in principle however, recommend it does not
proceed until such time as the adjacent development (18T-
88047) proceeds. Conditions of approval for the subject
development include a 5.0 metre (16.4 ft) road widening and
....5
5 6..5...:..
REPORT NO. PD -97 -95 PAGE 5
0.3 metre (1.0 ft) reserve be dedicated to the Municipality.
The applicant must satisfy the Director of Public Works that
an acceptable means of access from Blocks 9 and 10 to Green
Road can be provided. Common entrances to Green Road are
considered more desirable to service these townhouses. Storm
drainage works and facilities necessary for this development
must be constructed in accordance with the West Side Creek
Master Drainage Study, dated March 1992. A lot grading and
drainage plan detailing the configuration of the on -site storm
sewer system and conveyance of overland flow must be prepared.
This plan of subdivision shall not proceed until such time as
the Municipality has approved the expenditure of funds for the
reconstruction of Green Rd. to an urban standard, and approved
the expenditure of funds for the provision of the installation
of street lighting and sidewalks on Green Rd. and Highway No.
2. Staff also required that all the standard conditions of
approval be applied through the subdivision agreement process.
7.3 The Municipality of Clarington Fire Department advised they
have no objection in principle with the application, however,
recommend that no building permits be issued for lots 1 to 8
inclusive until access, in accordance with Ontario Building
and Fire Code regulations, is in place.
7.4 The Community Services Department provided no objection to the
application as filed and advised they will require the land
dedication be accepted based upon 1 ha per 300 dwelling units
and said site to be selected within the West Bowmanville Main
Central Area.
7.5 Regional Planning has provided comments advising the proposal
is within the "Low Density Residential" designation in the
local Official Plan and appears to satisfy the 30 unit per net
residential hectare maximum. Accordingly, subject to
REPORT NO. PD -97 -95 PAGE 6
services the proposed rezoning appears to conform to the
policies of both the Regional and Municipal Official Plans.
7.6 Regional Works Staff advised that full municipal services are
not available to the property at this time and servicing is
dependent on draft approved plan of subdivision 18T- 88047.
Servicing requirements should be satisfied through the
Regions's conditions of draft approval.
7.7 Bell Canada in responding to the subdivision circulation
requested two conditions of approval be incorporated in the
Draft Approval. Both Conditions are with regards to
satisfactory arrangements being made for Bell Canada
facilities.
7.8 The Ministry of Natural Resources Staff provided separate
comments for the rezoning and the subdivision application. On
The zoning by -law amendment application they provided no
objection to the proposal as submitted. On the subdivision
application they advised of the potential negative impacts
this development may have on water quality in the Westside
Creek and the Westside Creek wetland on Lake Ontario at the
mouth of the Creek. In consideration of these concerns they
recommended a comprehensive stormwater management plan for the
sites be undertaken to address water quality and the placement
of on -site stormwater facilities. (Staff note, "The West Side
Creek Master Drainage Study" was drafted in March 1992). In
addition, the Ministry has requested two conditions of
approval with regards to stormwater management be incorporated
into the conditions Draft Approval.
7.9 the Ministry of the Environment and Energy has advised they
have identified a serious noise concern due to the proximity
of the site to Hwy. No. 2, and recommended a noise feasibility
....7
567
REPORT NO. PD -97 -95 PAGE 7
study be prepared prior to draft approval. To date a noise
study has not been submitted, however the applicant has
advised that one is to be completed in the near future. Staff
have reviewed the noise feasibility study prepared for the
adjacent lands (18T- 88047) and found there to be no mitigation
measures required for lots in the vicinity of this
development.
8 STAFF COMMENTS
8.1 The application is proposing to create eight, 12.0 m minimum
frontage single family dwelling units and part of the
necessary road allowance facing the west. These lots would be
consistent and compatible to the lots previously approved in
the abutting plan of subdivision 18T- 88047. The applicant is
also proposing to develop on- street townhouses facing Green
Road. Planning and Public Works Staff raised concerns with
the prospect of direct access to Green Rd. Green Road is
currently designated as a Type "C" arterial in the Regional
Official Plan, and the Clarington Draft Official Plan
recommends the road be upgraded to a Type "B" arterial. As a
result, no direct road access will be permitted for the
individual lots.
8.2 Staff have reviewed the most current site plan submission for
the Markborough lands on the east side of Green Road. Access
to the proposed shopping centre from Green Road appears to
align with the boundary of Block 9 and 10. In order to
minimize future traffic problems, Staff request that access to
the townhouse blocks be limited to one point which aligns with
the proposed access on the east side of Green Road.
8.3 The applicant has provided sketches illustrating how a private
right -of -way can be constructed parallel to Green Rd, in front
of the townhouse units, with only one access to Green Rd.
....8
568
REPORT NO. PD -97 -95 PAGE 8
Staff do not object to the single access point if it is
aligned with development to the east.
8.4 The application appears to be able to conform with the intent
of Policy C, Housing Policies, of the Comprehensive Set of
Policy Statements through the provision of 15 townhouse units.
9 CONCLUSION
9.1 In consideration of the comments contained herein and the
conditions of approval contained within Attachment No 2.
hereto, Staff recommends the application be approved subject
to conditions of approval as attached.
Respectfully submitted,
Reviewed by,
Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell
Director of Planning Chief Administrative
and Development Officer
CP *FW *cc
Attachment No. 1 - Key Map
Attachment No. 2 - Conditions of Draft Approval
Attachment No. 3 - Zoning By -law Amendment
August 25, 1995
Interested parties to be notified of Council and Committee's
decision:
Design Plan Services Inc.
385 The West Mall
Suite 303
ETOBICOKE, Ontario
M9C 1E7
William Daniell /Sebastien Corbo
250 Consumers Road
Suite 403
NORTH YORK, Ontario
M2J 4V6
Edward Millgate
1582 Green Road
R.R. 6
BOWMANVILLE, Ontario
L1C 3K7
569
Viii
LOT 17 LOT 16 LOT 15
0 ... wo ..
KEY MAP
570
Coy
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
I tD► K.1 171
1. That this approval applies to draft Plan of Subdivision 18T -90032 prepared by Design
Plan Services Inc. dated July 16, 1990 and further revised in red as per the attached plan
showing eight (8) lots for single family detached dwellings, 2 Blocks for 15 townhouse
units, and various blocks for reserve, road widening, etc.
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 qualified Engineer to prepare and submit a
Hydrogeologist Report to the Director of Planning and Development to demonstrate
that the proposed development will not adversely impact the existing wells in the
surrounding areas.
571:
W
-2-
m , ,
6. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan which details the configuration of the on -site storm
sewer and conveyance of the overland flow from this subdivision to the Director of
Public Works for review and approval. All plans and drawings must conform to the
Municipality's Design Criteria as amended from time to time.
7. That prior to entering into a subdivision agreement the owner shall retain a qualified
acoustic engineer to prepare a Noise Impact Analysis to the satisfaction of the Director
of Planning and the Region of Durham.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
8. 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.
9. That all easements, road widening, and reserves as required by the Municipality shall be
granted to the Municipality free and clear of all encumbrances.
10. That the Owner shall dedicate to the Municipality a land parcel equivalent to 1 ha per
300 dwelling units, and said land dedication to be selected within the applicant's other
land holdings in the West Bowmanville Main Central Area.
11. That the Owner shall pay to the Municipality, the development charge 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.
572
...3
1193
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
12. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to
be buried underground.
14. That a 5.0 m road widening be dedicated to the Municipality on Green Road along the
east limit of the proposed subdivision.
15. 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 respect to Performance Guarantee, Maintenance
Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by
the Municipality.
16. That the Owner shall adhere to architectural control requirements of the Municipality.
17. 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.
18. 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. ...4
573
-4-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REOUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
19. 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.
20. That all works and services are designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings and all applicable
legislation and to the satisfaction of the Director of Public Works;
21. That 0.3 m reserves on Green Road abutting this development, except for the common
entrance driveways be transferred to the Municipality for the purpose of controlling
access and that the common entrance driveway align with the access proposed for the
commercial development on the east end of Green Road;
22. That the construction of the proposed street abutting Lots 1 to 8 be constructed in
conjunction with the plan of subdivision 18T- 88047;
23. That the applicant assume all costs for provisions, installation and location of
Community Mailboxes to service this development, in a manner satisfactory to the
Director of Public Works;
24. That the storm water drainage works and facilities necessary for this development are
constructed in accordance with the West Side Creek Master Drainage Study, prepared
by G. M. Sernas and Associates Ltd., and as finally approved by the Director of Public
Works;
...5
-5-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REO UIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
25. That the development of this plan of subdivision proceeds at such time that the
Municipality has approved the expenditure of funds for the reconstruction of Green
Road to an urban standard and any external works or services which have been included
in the Municipality's Development Charge By -law and have been deemed necessary by
the Director of Public Works to service this development;
26. That the development of this plan of subdivision proceeds at such time that the
Municipality has approved the expenditure of funds for the provision of the installation
of street lighting and sidewalks on Green Road and Highway No. 2 and any external
works or services which have been included in the Municipality's Development Charge
By -law and have been deemed necessary by the Director of Public Works to service this
development.
27. That the applicant enter into a development agreement with the Municipality of
Clarington including all requirements of the Public Works Department regarding the
engineering and construction of all internal and external works and services related to
this plan of subdivision. In addition, the subdivision agreement will include a "Staging
Plan" or any other necessary provisions that will control the sequential development of
this subdivision with the other lands owned by the applicant, to the satisfaction of the
Director of Public Works;
28. That the applicant satisfy the requirements of Bell Canada;
29. That the applicant satisfy the requirements of Central Lake Ontario Conservation
Authority.
30. That the applicant satisfy the requirements of Ministry of Natural Resources.
57 5
IN
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
31. That the applicant satisfy the requirements of Ministry of Culture, Tourism &
Recreation.
32. That the applicant provide a copy of the Plan of Subdivision, as registered, on disk in
a CAD format acceptable to the Municipality.
576
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 95-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town
of Newcastle.
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-
90032 as red -line revised.
AND 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 red -line revised 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 Type One - Holding ((H)R1) ";
"Agricultural (A)" to "Urban Residential Type Three - Holding ((H)R3) ";
"Rural Cluster (RC)" to "Urban Residential Type One - Holding ((H)Rl) "; and
"Rural Cluster (RC)" to "Urban Residential Type Three - Holding ((H)R3)"
as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By -law.
3. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of
BY -LAW read a second time this day of
BY -LAW read a third time and finally passed this
577
1995.
1995.
day of
1995.
MAYOR
CLERK
m
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IN 720 29'30" E 89.85
A\/'ll
KEY PLAN
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AREA TABLE
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ON STREET
RESIDENTIAL LOTS ton n -e
0.34 ha±
ON STREET TOWNHOUSES aaa s a no
0.43
— m
0.12
t0
i° TOWNKOUSES
12.Om SINGLE
8 units
ON STREET TOWNHOUSES
--
TOTAL —23 units
LEGEND
0.2360 8u
—me- Boundary of Subdivision
M:
• -- -• Boundary of additional land
lands to be subdivided as h.- on this plan.
and their relationship to the adjacent lands
hod by the Applicant
r •; Pavement (de¢anm.U. wy)
aro ae�vratdy and eomttlly sham.
04(,l 7 SID
NOTES
Os
AS - 1—Uons refer to Geodetic Datum.
OWNERS AUTHORIZATION
AS comer round gs — 4.5mR..
unless otherwise state&
Wa• WILLIAM J.DANIELL d SEBASTIAN CORBO
tttr�
43.0
t+s
hereby authorize DESIGN PLAN SER)ACES INC
ADDITIONAL INFORMA710N REQUIRED
to prepare and submit a draft plan of
m vision f« approval.
UNDER SECTION 50 (2) of THE
—�
_ -- —2
0 7q 90
B Additional undeveloped land In which
32.8
the applicant ha e intet U
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If Piped water to be provided
° tD
BLOCK 10_
K sanitary and storm sewers to be provlded.
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DRAFT PLAN of
_ °
PROPOSED SUBDIVISION
PART OF LOT 17
CONCESSION 1
° ON JSTREET
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY
of DURHAM
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• "� �`
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AREA TABLE
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RESIDENTIAL LOTS ton n -e
0.34 ha±
ON STREET TOWNHOUSES aaa s a no
0.43
ROADS k WIDENINGS
0.12
TOTAL -0.89 ha±
UNIT COUNT
12.Om SINGLE
8 units
ON STREET TOWNHOUSES
15
TOTAL —23 units
LEGEND
SURVEYOR'S CERTIFICATE
—me- Boundary of Subdivision
I hereby cartlly that the boundo la. of the
• -- -• Boundary of additional land
lands to be subdivided as h.- on this plan.
and their relationship to the adjacent lands
hod by the Applicant
r •; Pavement (de¢anm.U. wy)
aro ae�vratdy and eomttlly sham.
04(,l 7 SID
NOTES
All measurements are In metres.
AS - 1—Uons refer to Geodetic Datum.
OWNERS AUTHORIZATION
AS comer round gs — 4.5mR..
unless otherwise state&
Wa• WILLIAM J.DANIELL d SEBASTIAN CORBO
tttr�
being the registered owners of the subject lands
t+s
hereby authorize DESIGN PLAN SER)ACES INC
ADDITIONAL INFORMA710N REQUIRED
to prepare and submit a draft plan of
m vision f« approval.
UNDER SECTION 50 (2) of THE
PLANNING ACT
0 7q 90
B Additional undeveloped land In which
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the applicant ha e intet U
Indicated an the key plan.
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Residential :Ingle family and multiple fonily.
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If Piped water to be provided
C L aey loam and .ondy ..i.
K sanitary and storm sewers to be provlded.
DRAFT PLAN of
PROPOSED SUBDIVISION
PART OF LOT 17
CONCESSION 1
.
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY
of DURHAM
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passed
this day
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LOT 17, CONCESSION 1
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