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HomeMy WebLinkAboutPSD-040-03 ~~'..,.... v '* ~- !. ..-.... .--- - ~ ,:- - q!J!-!lJgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday,April22,2003 })/'/ COPA 2002-002 ZBA 2002-004 OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS APPLICANT: WEST DIAMOND PROPERTIES INC. & PLAYERS BUSINESS PARK LIMITED elI/-Ill-oJ Report #: PSD-Q40-03 File#: By-law #: Subject: RECOMMENDATIONS: > It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: -.. 1. THAT Report PSD-040-03 be received; 2. THAT the development applications submitted by Bousfield, Dale-Harris, Cutler & Smith Inc., on behalf of West Diamond Properties Inc, and Players Business Park Limited, be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. RevieWedbY~~-~ avid J. Creme, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer RH/CP/DC/df 15 April 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 601 M ~ _ . REPORT NO.: PSD-040-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: West Diamond Properties Inc. & Players Business Park Ltd. 1.2 Agent: Bousfield, Dale-Harris, Cutler & Smith Inc. 1 .3 Official Plan Amendment: To permit the development of 33,070 m2 (356,000 sq. ft.) of retail commercial f100rspace by: . Redesignating the subject lands from "Highway Commercial - Special Policy Area "H": West Bowmanville Gateway" and "Urban Residential" to "Main Central Area: Retail Commercial"; . Increasing the total permitted retail commercial development in the West Main Central Area from 40,000 m2 to 73,070 m2; . Deleting the retail commercial development thresholds which links retail development to population growth; . Allowing up to 33,070 m2 of retail commercial development on the subject lands; . Deleting the collector road extension of Boswell Drive within the subject lands; and . Deleting the collector road extension of Uptown Avenue west of Green Road. 1.4 Rezoning: To rezone the property from "Holding-Highway Commercial ((H)C8) Zone", "Agricultural (A) Zone", and "Agricultural Exception (A-61) Zone" to permit the development of 33,050 m2 of retail commercial floors pace. 1.5 Site Area: 11.95 hectares (29.5 acres) 602 i-.., -' .,..... . . REPORT NO.: PSD-040-03 PAGE 3 2.0 LOCATION 2.1 The property under consideration includes 2320 and 2340 Highway 2, which is located at the northwest corner of Highway 2 and Green Road in Bowmanville (See Attachment 1). The land holdings under consideration total 11.95 hectares (29.5 ac). The property is located within Part Lot 17, Concessions 1 and 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On February 1, 2002, Bousfield, Dale-Harris, Cutler and Smith Inc. submitted official plan amendment and rezoning applications on behalf of West Diamond properties Inc and Players Business Park Limited (Metrus) to permit the redevelopment of 24,000 m2 (258,400 sq. ft.) of retail commercial floorspace. The development consisted of a 14,040 m2 Wal-Mart junior department store and five free-standing retail pads totalling 9,960 m2 of retail commercial floorspace. The site area initially only covered 8.6 hectares (21.2 acres). A Public Meeting scheduled on September 23, 2002 for the initial application was cancelled at the applicant's request. 3.2 On February 10, 2003, Bousfield, Dale-Harris, Cutler and Smith Inc. submitted revised official plan amendment and rezoning applications on behalf of Metrus to permit the redevelopment of 33,070 m2 (356,000 sq. ft.) of retail commercial floorspace as shown on Attachment 2. The revised development proposes a 15,236 m2 Loblaws supermarket, a 14,040 m2 Wal-Mart junior department store, three free-standing retail pads along Highway 2 totalling 3,767 m2 of retail commercial floors pace, and a gas station at the intersection of Highway 2 and Green Road. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The majority of the subject lands are currently used as apple orchards and other agricultural production. A temporary golf driving range is located at 2320 603 ,.... .. ~ ,'. '" . REPORT NO.: PSO-040-03 PAGE 4 Highway 2 on the western portion of the site. A single detached dwelling is also located on 2340 Highway 2. 4.2 Surrounding Uses: East: North: West: South: Residential and vacant lands subject to a 6.410m2 commercial proposal submitted by Valiant Property Management (Valiant), and a future public secondary school Agricultural land and rural residential Agricultural land and rural residential Urban residential and Petro Canada gas station 5. OFFICIAL PLAN POLICIES 5.1 The Clarington Official plan designates the property as "Highway Commercial- Special Policy Area "H": West Bowmanville Gateway" and "Urban Residential". Although the highway commercial designation permits retail uses, they are described as serving the specialized needs of residents on an occasional basis and consume larger parcels of land and require outdoor storage. The applicant is seeking permission to expand the Bowmanville West Main Central Area to include the subject lands and receive a "Retail Commercial" designation. If approved, a complete range of retail commercial uses, similar to the Clarington Centre, would be permitted including a Wal-Mart junior department store, Loblaws supermarket, commercial retail units, and gas station. The Bowmanville West Main Central Area Secondary Plan, contains a series of retail development thresholds linking population growth to the construction of new retail f1oorspace. This threshold policy and the overall allocation of floors pace between the West and East Main Central Areas were designed to protect the role and function of the East Main Central Area. Through this amendment, total f100rspace permission would change as follows: 604 ,- CO~, .. . REPORT NO.: PSO-o40-oa PAGE 5 Currently Proposed Amendment A copy of the proposed amendment to the Clarington Official Plan, as submitted by the applicant, is contained in Attachment 3. 5.2 Prior to approval of additional retail commercial f100rspace on the subject lands, the policies require that a retail market impact study at the applicant's expense, is necessary to address the following issues: . the impact of existing commercial development in West Bowmanville on the downtown and other designated commercial areas; . changes in consumer expenditure patterns from those pattems documented in retail market studies prepared in 1992; and, . the impact of additional retail commercial development on existing commercial development throughout Clarington. The terms of reference for the study are discussed in Section 9.3 of this report. 5.3 The amendment to the Clarington Official Plan also seeks approval to delete the following two road connections in the Bowmanville West Main Central Area: . the collector road extension of Boswell Drive, north of Highway 2, within the subject lands; and, . the collector road extension of Uptown Avenue west of Green Road. This issue is discussed in Section 9.4 of this report. 6.0 ZONING BY-LAW CONFORMITY 6.1 The lands subject to the application are currently zoned "Holding - Highway Commercial ((H)C8) Zone", "Agricultural (A) Zone", and "Agricultural Exception (A-61) Zone". In order to permit the proposed development, a rezoning application was submitted for consideration. 605 ,', .. . REPORT NO.: PSD-040-03 PAGE 6 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the lands. Although the notice stated a total permitted area of 73,050 m2 in the Bowmanville West Main Central Area, the number should have been 73,070 m2 as proposed by the applicant. This discrepancy is considered minor and does not require further notice. 7.2 A number of general inquiries have been received on this proposal to date. The abutting resident to the north is concemed about the development's proximity, specifically the noise associated with loading areas at the rear of the buildings. 8.0 AGENCY COMMENTS 8.1 The application has been circulated to a number of agencies for review. Due to the complexity of the application, comments have not been received from the following agencies to date: . Clarington Engineering Services . Clarington Operations . Durham Region Planning Department . Durham Region Public Works Department . Central Lake Ontario Conservation . Separate School Board . Hydro One Networks Inc. 8.2 Clarington Emergency Services and the Building Division have no objections to the proposal provided that fire hydrants and fire access routes comply with the Ontario Building Code. The Kawartha Pine Ridge District School Board has no objections to the proposal at this time. 606 . REPORT NO.: PSD-040-03 PAGE 7 9.0 COMMENTS 9.1 The proposed development of two large box stores, the expansion of the West Main Central Area and the deletion of the retail thresholds amendment is a significant departure from existing Official Plan. The Official Plan currently only permits 57,000 m2 of gross leasable floor area in the West Main Central Area, when the population of Clarington reaches 110,000. This amendment, if approved, would allow for 73,070 m2 of gross leasable floor area to be developed today. The 2003 estimated population for Clarington, is 77,000. The current threshold policies are intended to ensure existing commercial floor space in downtown Bowmanville and the balance of the East Bowmanville Main Central Area remains viable relative to new development taking place in the west. 9.2 In addition to the Metrus application, Valiant Property Management has submitted official plan amendment, rezoning, and draft plan of subdivision applications to permit 6,410 m2 of retail commercial f100rspace at the northeast corner of Green Road and Highway 2. Development applications on the subject lands propose a further 33,050 m2 of retail commercial floorspace. If approved, these two applications would almost triple the amount of existing commercial floorspace in the Bowmanville West Main Central Area. 9.3 The proposal request for a retail market impact study and commercial policy review was sent to six retail market analysts on April 4, 2003. Among other things, this developer-funded study will examine the following issues: . How has the commercial market evolved in Bowmanville and environs since 1993? . Is it appropriate to allocate more retail development within the existing Bowmanville West Main Central Area? If so, how much is appropriate and where should it be directed? . Can the Clarington market support additional retail development in advance of the population thresholds contained in the Bowmanville West Main Central Area Secondary Plan? 607 . . ,.... c. ~ . REPORT NO.: PSO-o40-o3 PAGE 8 . Can the proposal be accommodated within the existing and planned commercial framework with acceptable impacts? . What impacts would the proposals have on other commercially designated lands in the Bowmanville West Main Central Area and Courtice Main Central Area? . What are the known impacts from other locations of Wal-Mart on smaller businesses carrying competitive merchandise (photo stores, clothing stores, etc.)? In other words, what is the relationship between department store development and smaller CRU store space? . The Metrus proposal includes a 164,000 sq. ft. Loblaws supermarket. Loblaws would vacate their existing store at the southeast comer of Green Road and Highway 2. The report should examine the impact of the loss of the plaza's supermarket anchor and provide recommendations on the appropriate retenanting of the vacant supermarket space. Staff anticipate the study to be finalized at the end of November 2003. As noted in Section 5.2, the study is applicant funded but administered by the Municipality. 9.4 The official plan amendment application proposes two significant changes to the road network in the Bowmanville West Main Central Area. The applicant proposes to delete the Uptown Avenue collector road extension westward from Green Road within the subject lands. A traffic study prepared by TSH Associates Limited on behalf of the Municipality for a privately initiated official plan amendment by Willsonia Industries Limited indicated that Uptown Avenue represents an important alternative transportation link through the Bowmanville West Main Central Area parallel with Highway 2, especially for residents arriving from north Bowmanville to access the both existing and future recreation and commercial facilities north of Highway 2. By deleting this portion of the Uptown Avenue, the grid system of streets for the West Main Central Area will be jeopardized. Valiant would likely request similar treatment leading to the deletion of Uptown Avenue between Clarington Boulevard and Green Road. 608 . . '. . REPORT NO.: PSD-040-03 PAGE 9 The application also proposes to delete the portion of the Boswell Drive collector road, north of Highway 2, within the subject lands. Boswell Drive provides north- south connection parallel to, and west of, Green Road. The applicant has submitted a traffic study in support of these deletions. The applicant will be required to pay for a municipal peer review of this study. 9.5 Policies for the Special Policy Area "H" require that urban design must be prepared prior to the commencement of development on the site. In expectation of development proceeding on the Metrus lands in 1999, the Municipality retained Urban Strategies Inc. to prepare urban design guidelines for a highway commercial form of development. The design guidelines for the Valiant portion of the area require a significant amount of street-oriented buildings. Since a retail commercial form of development is being proposed, the urban design guidelines as they relate to the subject lands will have to be updated at the applicant's expense. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Attachment 2 - Site Plan Attachment 3 - Amendment to the Clarington Official Plan as Proposed by the Applicant 609 '. , REPORT NO.: PSO-o40-oa PAGE 10 Interested parties to be notified of Council's decision: Peter Smith Bousfield, Dale-Harris, Cutler & Smith Inc. 3 Church Street Suite 200 Toronto, ON M5E 1M2 Robert DeGasperis West Diamond Properties Inc. & Players Business Park Ltd. C/o Metrus Properties Ltd. 30 Floral Parkway Concord, ON L4K 4R1 Yolanda Gjaltema 2098 Green Road Bowmanville, ON L 1C 3K7 John & Lillian Bouma 2078 Green Road Bowmanville, ON L 1 C 3K7 Robert Hann Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, ON L 1G 3S2 Glenn Willson Willsonia Industries Ltd. 140 Bond Street West P.O. Box 488 Oshawa, ON L 1 H 7L8 Bryce Jordan Sernas Associates 110 Scotia Court Unit 41 Whitby, ON L 1 N 8Y7 Marvin Green River Oaks Group 23 Lesmill Road Suite 401 North York, ON M3B 3P6 Kathy Pandell Geoffrey L. Moore & Associates Ltd. 370 Steeles Avenue West Suite 207 Thornhill, ON L4J 6X1 Ron Hooper Bowmanville DBIA 39 King Street West Bowmanville, ON L 1 C 1 R2 Marianne Zwyers 1 Ivory Court Bowmanville, ON L 1C 5C1 Evelyn Stroud 89 Little Avenue BoWmanville, ON L 1C 1J9 John Shewchuk Royal LePage Frank Real Estate 39 Temperance Street Bowmanville, ON L 1 C 3A5 Lakeshore Group 2 Berkeley Street, Suite 204 Toronto, ON M5A 2W3 Carmela & Luigi Cupelli 2153 Nash Road Bowmanville, ON L 1 C 3K4 Carmine Cupelli 100 Kirby Crescent Whitby, ON L 1 N 6Z7 Ted Watson 1583 Maple Grove Road Bowmanville, ON L 1 C 3K3 George Ibanez 1535 Green Road Bowmanville, OW L 1 C 3K7 610 " REPORT NO.: PSD-040-03 PAGE 11 Lawrence Hellinga 20 Martin Road Bowmanville, ON L 1 C 3K7 Paul Wilson 342 Mary Street North Oshawa, ON L 1 G 5CB 611 ATTACHMEINT 1 Cl ~ et::: Z W W et::: '-' RETAIL A J ~ Bowmanville Key Map i I IT) 7Jr ~ COPA 2002-002 AND ZBA 2002-004 """"''''' ~ ~ ~ ~ o G w I ~ . ~ Official Plan and Zoning By-law Amendments .... West Diamond Properties Inc. and Players Business Park Ltd. 612 ATTACHMENT 2 lo~ w .IUJ 0 Oil:: Io...u 0- ~Il::ffi . :J 0... ~ "It / g . N Q Q N i1i N " c: ca N Q Q . N Q Q N ~ o o a\fO~ N33~~ ....... 1:: o CD E o ..J :;;:: ~ ~ a:: 0 a. e c.. /, '-' ~OIS /, 4C1f) 'lVP'c:/J( '.Lf).::/ '3 ------ 613 c: ca ii: CD - .- tIJ \... . ." PURPOSE: BASIS: ACTUAL AMENDMENT: ATTACHMENT 3 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN To amend the Official Plan of the Municipality of Clarington by redesignating the subject lands to "Main Central Area". The Amendment is based on an application submitted by West Diamond Properties Inc. and Players Business Park Ltd. to permit a commercial development on a 11.95 hectare site located at the north-west comer of King Street and Green Road. The Clarington Official Plan is hereby amended as follows: 1. Land Use Map A3 is amended by redesignating the subject lands from "Highway Commercial - Special Policy Area H" and "Urban Residentiall1 to I1Main Central Area" as shown on Schedule 'A' attached. Schedule 'A' attached hereto shall form part of this Amendment. 2. Transportation Map B3 is amended by deleting the proposed Uptown A venue as a collector road west of Green Road and by deleting the proposed Boswell Drive as a collector road between King Street and the proposed east- west collector road, as shown on Schedule 'B' attached. Schedule 'B' attached hereto shall form part of this Amendment. 3. Section 10.4.2 is amended by increasing the maximum amount of gross leasable floor area for retail and personal services within Bowmanville (West) Main Central Area from 40,000 square metres to 73,070 square metres. 4, Section 16.10 (Special Policy Area 'H') is deleted. The Bowmanville West Main Central Area Secondary Plan is hereby amended as follows: 1. Land Use Map A is amended by designating the subject lands as "Retail Commercial" and by extending the West Main Central Area Secondary Plan boundary identified on Land Use Map A to include the subject lands, as shown on 614 .. Schedule 'C' attached. Schedule 'C' attached hereto shall form part of this Amendment. 2. The first sentence of Section 1.1 is amended to read as follows: "The Bowmanville West Main Central Area comprises approximately 67 hectares of land on the north and south sides of King Street, generally between Martin Road (Regional Road 57) and the Bowmanville Urban Boundary. .1 3. Section 4.2 is amended to read as follows: "Notwithstanding the ultimate densities for retail and office uses allocated to the various land use designations within this Plan, a maximum of 73,070 square metres of retail and personal services floor space shall be permitted in the West Main Central Area." 4. Section 5.2.4 a) is amended by deleting the table and revising the second paragraph to read as follows: "The development of retail floor space in the West Main Central Area will proceed in an incremental fashion in accordance with thresholds of supportable retail floor space, as may be determined by a retail impact study to be prepared by a consultant retained by the Municipality." 5. Section 5.2.4 c) is amended by adding the following subsection: iv) "up to 33,070 m' on the parcel of land at the northwest comer of King Street and Green Road." 6. The first sentence of the last paragraph of Section 5.2.4 c) is amended to read as follows: "Zoning By-laws to permit these four developments will reflect these site specific allocations and will be consistent with Sections 5.2 and 6.2 of this Secondary Plan". 7. Section 5.2.7 is added, reading as follows: "Notwithstanding any other provision in this Plan, a gas bar is a permitted use on lands located at the northwest corner of King Street and Green Road." 6Ei .,. ," IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 616 J ~ . ;~ .~~... r rij;~.. (:'."%/, I-l-~r--- I .", I 'I ~.c ,/ '-Ii ~""70././ -..~' / {.,-~~.. W'.' ,"' w .'~!:~l(~.. ':5A 0'-'. : ~, :;:;;1 ;X ;j _L... ~~riij;~;~~<~~ .. i '/..'~././'.'/'..' ~.. u.z.....//.... - >/ .I/',:;- -; ,~ ,ji. ... ". \..... ',', r.? I (~ I ~i ,~. .,@ // ~ ru) // "! .~-/ /. ~~r' " .'~ / I ~- 1 (w,: Lands Subject to Amendment @ @ J ." y/"O i (~ j , ! ~ 1,~ (il: if Ael.." (_~'b." ;';;.,-<"',1)..'" """.ft .. 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