HomeMy WebLinkAboutPSD-108-03
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Gffi-3"3-o~
Date: Monday, September 22, 2003 '"D'~, -z.e.PI. 01003.=.
Report #: PSD-108-03 File #: ZBA 2003-027 By-law #: d003 - J'f:2.
Subject: REZONING APPLICATION TO PERMIT COVENIENCE STORE USE
1529593 ONTARIO LIMITED
Northwest Corner Of Mearns Avenue And Concession Street East,
Bowmanville
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-108-03 be received;
2. THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of
the former Town of Newcastle, submitted by Anoop Saraf on behalf of 1529593
Ontario Limited, be APPROVED;
3. THAT the amending By-law contained in Attachment NO.4 hereto be forwarded
to Council for approval;
4. THAT a copy of Report PSD-108-03 and the attached amending By-law be
forwarded to the Durham Region Planning Department; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
vid . Crome, M.C.I.P.,R.P.P.
Director, Planning Services
Reviewed by: 0 ~--.....:s- Wi......
Franklin Wu
Chief Administrative Officer
AR*CP*DC*sh
September 17, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
644
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REPORT NO.: PSD-108-03
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 1529593 Ontario Limited
1 .2 Agent: Anoop Saraf
1.3 Rezoning: To rezone the subject lands from "General Commercial (C1) Zone"
to an appropriate zone to permit a convenience store in addition to
other permitted uses within a proposed commercial plaza
1.4 Location: Part Lot 9, Concession 2, former Town of Bowmanville, 100 Mearns
Avenue, Bowmanville
2.0 LOCATION
2.1 The subject lands are located at 100 Mearns Avenue at the northwest corner of
Mearns Avenue and Concession Street East in Bowmanville (See Attachment 1 ).
The applicant's land holdings total 7818 square metres (1.93 acres). The
property is located within Part Lot 9, Concession 2, in the former Town of
Bowmanville.
3.0 BACKGROUND
3.1 On June 26, 2003, Staff received a rezoning application from Anoop Saraf on
behalf of 1529593 Ontario Limited to permit a convenience store, in addition to
other permitted uses, within a proposed commercial plaza at the northwest
corner of Mearns Avenue and Concession Street East in Bowmanville.
3.2 The applicant submitted a site plan application earlier in the year (SPA 2003-
001). This application has been revised recently in reaction to concerns raised
by residents, but should be finalized in time for fall construction.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property is currently vacant and slopes gently to the north and west. An
existing wooden privacy fence surrounds the site on the west and north property
lines.
4.2 Surrounding Uses:
East: Medium Density Residential (Durham Region Non-profit Housing
development)
North: Residential (Flaxman Avenue)
West: Residential (Chance Court)
South: Residential (some of which is undeveloped or under construction)
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REPORT NO.: PSD-10S-03
PAGE 3
5.0 OFFICIAL PLAN POLICIES
5.1 The Clarington Official Plan designates the subject lands "Local Central Area".
These areas serve as focal points of activity for residential communities serving
the daily needs of the surrounding residential neighbourhoods. Permitted uses
include commercial, residential, community, cultural, and institutional uses. The
proposed convenience store use conforms to the Official Plan policies.
5.2 The townhouses on Chance Court represent the residential component of the
"Local Central Area" in this location. The site also has a requirement for a public
square. Public squares are to be designed as high quality urban environments
with such amenities as appropriate paving, landscaped areas, benches, refuse
containers, bicycle stands, lighting, public art and other elements that enhance
the social and physical environment. The public square will be located at the
south-east corner of the site.
6.0 ZONING BY-LAW CONFORMITY
6.1 The property is zoned "General Commercial (C1) Zone", which does not permit
the proposed convenience store. In order to permit the additional use, a
rezoning application was submitted for consideration.
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 property.
7.2 As of the writing of this report, over fifteen inquiries from members of the public
have been received by telephone, email and atthe Planning Service counter. A
petition with the names of 85 adult residents and 33 children has been submitted
requesting that a pedestrian walkway not be extended to the site from Chance
Court. This issue was also the reason for the majority of the inquiries from the
public. In summary, area residents objected to the walkway for the following
reasons:
. It would create unwanted pedestrian and vehicular traffic. Residents
had purchased homes on a court to avoid this.
. The court provides a safe play area for children, but with a walkway to
the plaza, parents would have more trouble monitoring the activities of
strangers as well as the childrens' movements.
. Illegal parking on the court by users of the plaza could block driveways
or emergency access on the court.
. Snow removal would not occur in the area of the walkway and it would
be blocked or difficult to use in the winter months.
646
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REPORT NO.: PSD-108-03
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. Damage to personal property through vandalism or home invasions
could increase as a result of increased traffic and the presence of
unfamiliar people. The narrow area behind the plaza building or dense
landscaping on the subject site could enable people to hide and the
residential area would be less safe because of the walkway.
Issues raised by area residents related to the subject application for the
convenience store were:
. Concern over twenty-four hour operation of the convenience store.
. Concern over late night or early morning delivery of goods.
. Loitering.
. Littering.
In addition, other concerns related to the plaza development included the
following:
. The location of garbage storage building is immediately outside the
front door of the end townhouse unit on the north side of Chance
Court. The door of the dwelling faces east. Because of the proposed
proximity of the enclosure (proposed approximately 1.5 metres from
the property boundary), it will be very prominent and visible from this
front door. These property owners feel that enjoyment of the property
will decrease substantially because of odour, flies, and litter associated
with the garbage enclosure.
. Late night or early morning hours for garbage pick-up will create noise
and nuisance for the residential properties, especially the closest ones.
. Vandalism or damage from skateboarding will damage the public
square area.
. A pub is not an appropriate use for a neighbourhood plaza such as
this. A pub will create late night noise and traffic and increase the
potential for fights and drunk driving in the neighbourhood.
All of the above issues and concerns are addressed in Section 9.3 of this report.
7.3 No one appeared in opposition or in support of the application at the public
meeting. However, two delegations appeared before Council to present their
concerns associated with the garbage enclosure and its proximity to the
residential property at 22 Chance Court.
8.0 AGENCY COMMENTS
8.1 The Clarington Engineering Services Department has no objections to the
application provided that the applicant enters into a site plan agreement for the
development.
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REPORT NO.: PSD-10S-03
PAGE 5
8.2 The Durham Region Planning Department has advised that the application is in
conformity with the Durham Region Official Plan. Municipal water supply and
sanitary sewers are available to service the development, and servicing details
will be addressed through the site plan application. It was suggested that if
possible the buildings should be situated closer to the abutting streets to make
pedestrian access more conducive for transit services and walking. This
comment is addressed in Section 9.4.
9.0 COMMENTS
9.1 The subject lands have been designated for commercial development in the
Clarington Official Plan since 1989. The current "General Commercial (C1)"
zoning was also approved in 1989. The applicant asserts that the convenience
store is necessary as an anchor for the plaza and to attract other retail
commercial establishments.
9.2 Prior to 1987, convenience stores were permitted uses within the "General
Commercial (C1) Zone". However, concerns were raised by commercial
businesses in Bowmanville's downtown about the preponderance of convenience
stores in main retail district. Council felt that the prevalence of convenience
stores was not appropriate for the downtown retail commercial area and directed
that convenience stores not be permitted uses in the "C1" zone. Since that time,
all new convenience stores within the "General Commercial (C1) Zone" have
been permitted by site specific zoning.
9.3 This section addresses the concerns raised by area residents and Council.
9.3.1 Walkwav
The proposed walkway between Chance Court and the subject property
has been eliminated. It was provided for the convenience of residents on
Chance Court and the surrounding neighbourhood to access the proposed
plaza; however, it became evident that a walkway was not supported by
the residents. The small courtyard in the comer of the plaza will remain:
however, the planter proposed for it will be removed.
9.3.2 FencinQ
The majority of the fence on the west property boundary will be a 1.8
metre high wood fence with board-on-board construction, replacing the
existing one. At the foot of this fence, along the west property boundary,
there will be a 0.50 metre high retaining wall. As a result, the commercial
property will be lower than the residential properties and the fence will
appear higher from the commercial side in this area. This should provide
adequate privacy for users of the residential properties.
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REPORT NO.: PSD-108-03
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A noise study was prepared to assess the potential impact of activities
likely to generate noise, such as the loading areas and garbage pick-up
areas. One recommendation of the study is that a 2.4 metre high sound
barrier be constructed along the north property line (beginning at the
midpoint of 22 Chance Court) and part of the west property line (as far as
31 Flaxman Avenue). This fence can taper down to 2.0 metres as it runs
east, away from the loading areas. Staff will ensure that fence height,
location and design will meet the recommendations of the noise study
through the site plan agreement.
9.3.3 Hours of Operation
Staff has spoken with a representative of the convenience store chain
regarding hours of operation. The representative said that although most
stores are open twenty-four hours per day, in cases where the community
objects, it is possible to have the store close for the overnight period. It is
not possible through the rezoning process to limit hours of operation and
this change would be at the discretion of the plaza owner and
convenience store operator. Similarly, delivery times and refuse pick-up
schedules can not be addressed through the site plan agreement.
However, Staff will review this issue further with the proponent to ensure
those operations are done between 7:00 am and 7:00 pm, Monday to
Friday.
9.3.4 Loiterinq
Loitering, especially by young people and teenagers, can be of concern at
commercial plazas and convenience stores. This can be inconvenient or
intimidating for other users. It can also lead to littering and other
maintenance problems. However, the intention of the public square is to
provide meeting or gathering places for people. Benches and trash
receptacles will be provided. It will be a well-lit area with visibility from
both streets. It is anticipated that this prominent location will discourage
vandalism. Loitering around the plaza will be the owner's responsibility to
address. The convenience store operator has indicated that they have
their own program to clean up litter related to their operations.
Members of Council and area residents have raised concerns about
loitering. Staff has discussed the plaza design with a representative from
the Durham Region Police Services, who has reviewed the plans and
offers the following comments. Police note that the site lies on a popular
route for students from both Bowmanville High School and John M. James
Public School and will see notable youth traffic. There is some concern
that loitering and damage could occur in the public square area. Police
recommend that the planter in the interior courtyard be eliminated but
otherwise this area is open enough that surveillance can occur here from
a police cruiser travelling through the site. Police suggest that rear access
areas be well lit and that lights be caged for protection from vandalism.
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REPORT NO.: PSD-108-03
PAGE 7
Staff have requested an illumination plan be submitted and will ensure that
although the area is appropriately lit for security reasons, lights are not
directed toward the residential properties. Police caution that many hard
surfaces are attractive to skateboarders and may be damaged as a result
of inappropriate use by youth. Police suggest using .skateboarder
unfriendly" surfacing or knuckles along long walls and railings. Staff will
investigate incorporating these treatments into the plaza design.
9.3.5 Garbaqe Enclosure
Garbage generated by the plaza's tenants will be stored within a fully
enclosed garbage building located on the north side of the plaza building.
These buildings are effective in reducing odour because refuse materials
are completely contained within them. The stored material is accessed
through a roll-up door by the garbage truck operators at the time that the
refuse is removed. Plaza tenants also use the roll-up door to place refuse
in the building and the door has the capability to be pad-locked. In
addition to the sound barrier (fence) requirements, recommendations of
the noise study include measures to minimize the idling of delivery trucks
through signage, training of staff in enforcement and monitoring
procedures to ensure compliance, prohibition of refrigerated trucks from
extensive idling, and truck deliveries and refuse pick-up being prohibited
between 7 pm and 7 am.
The residents of 22 Chance Court met with Staff and area councillors to
investigate the possibility of relocating the garbage building.
Residents have proposed four alternate sites for the garbage enclosure.
These sites are shown on the key map in Attachment 1.' Staff has
reviewed each possibility and provides the following comments on each
location.
1) I nterior to the Plaza
Residents suggested a location at the north-east corner of the building
where a refuse room could be located internal to the building. Initially,
Staff had also investigated the possibility of having the garbage located
internally. The plaza developer has advised that this option is not feasible.
The Ontario Building Code requires dedicated garage rooms be
sprinklered and it is estimated this would add significantly to the cost of
the development.
2) North-East Corner of Property on Landscaped Strip
In this location, a garbage building would interrupt landscaping and
parking spaces. One maple tree would have to be removed for the
building and two parking spaces would be lost. Circulation problems could
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REPORT NO.: PSD-108-03
PAGE 8
occur within the parking area if aisles were blocked by a truck during pick-
up. Access to two parking spaces would be blocked during pick-up. It
would be in a prominent location, potentially interrupting the view to the
proposed convenience store for drivers headed south down Mearns
Avenue. A garbage enclosure in this location would be located
approximately 12 metres from the rear wall of the dwelling at 35 Flaxman
Avenue.
3) On Landscaped Strip South of Mearns Avenue Access
In this location, if oriented as proposed by the applicants, a truck would
block the main entrance and if cars were attempting to access the plaza at
the same time traffic could back up along Mearns Avenue. This would be
unsafe and undesirable.
If the garbage enclosure were oriented with the doors facing west, two
parking spaces would be lost and internal traffic circulation could be
compromised if aisles were blocked during pick-up. Access to two other
parking spaces would be blocked. This location would be inconvenient
and inefficient for the operator of the garbage truck. If parking spaces in
front of the area were occupied, the turning radii would be too tight for a
truck to maneuver. In addition, a building in this location would block the
view to the pylon sign, which is proposed for the area at the end of the row
of parking.
4) South-East Corner of Parking Area
This location would be within the public square and on the walkway from
the seating area to the parking lot. A garbage building is not appropriate
in this high visibility location. Similarly, as in other locations discussed
above, during pick-up, a truck would block the aisle and internal traffic
circulation would be interrupted. Two parking spaces would be partially
blocked.
Staff has examined the options presented by the site and has determined
that it is not possible to locate the enclosure in any other location on the
site than on the north side of the building.
Section 10.3.7 (g) of the Clarington Official Plan states that "loading and
refuse collection areas shall be unobtrusive and screened where
necessary and shall generally be located at the side or rear of the
building". With the exception of the suggestion to locate the garbage
inside the plaza, all of these proposed locations would be obtrusive and
could potentially interfere with safe and efficient operations on the site for
the public and the operators of the garbage truck. Because of the visibility
and prominence, the front yard or exterior side yard is not the preferred
651
REPORT NO.: PSD-108-03
PAGE 9
location for refuse collection and loading areas. Because of the
operational and aesthetic problems a garbage building in these locations
could present, it may be difficult to attract tenants to the plaza. Staff is of
the opinion that a successful, fully-tenanted plaza would create the best
conditions to ensure that the site remains well-maintained and well-
managed.
The plaza developer is agreeable to moving the refuse building away from
the westerly property boundary. Staff has examined how this building
could be moved as far east as possible and have determined that it can be
located 7 metres from the property boundary. In this location, there would
be adequate space for two functional loading spaces to the west of the
garbage building, as well as for a 6 metre wide aisle to access the parking
in the north-west corner of the site. Further, it would meet the Ontario
Building Code requirements for separation distances between structures
and unprotected openings (specifically the access doors) and not block
any of these doors.
With a 2.4 metre high fence constructed on top of a 0.5 metre retaining
wall separating it from the residential property, and at a distance of 8.5
metres from the dwelling at 22 Chance Court, Staff recommends that this
is the most appropriate location for the garbage building.
When speaking before Council, Mr. Wayne Murray commented that Staff
had advised that there were no other locations in the municipality where
there are garbage enclosures in such close proximity to residential areas.
In fact, there are numerous examples where board-on-board enclosures
encircle dumpsters on commercial properties that abut residential ones.
These types of enclosures are not always effective in containing odour
and liquid waste. They are also of less substantial construction, being
similar to a fence, and not always roofed. Staff has been working
proactively to improve on these types of enclosures and in recent years
has required that garbage be fully enclosed inside a building. This higher
standard has been applied to new development in the Bowmanville West
Main Central Area and in the Aspen Springs condominium units
constructed by Kaitlin. Staff has not heard any operational complaints
from condominium residents or neighbours on these garbage buildings.
9.3.6 Tavern
The pub (or tavern) use is a permitted use within the General Commercial
(C1) Zone. The subject property has been zoned "C1" since 1989. There
are no plans for an outdoor patio area at this time so such a use would be
contained to the inside of one of the units. As is the case with the
convenience store, hours of operation would be set by the property owner
and tavern operator.
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REPORT NO.: PSD.10S-03
PAGE 10
9.3.7 Alcove
Concerns have been raised about the design of the alcove in the elbow of
the plaza building. This alcove was originally included as part of the
walkway to Chance Court, which has since been eliminated. Although the
alcove creates more wall space for front doors to units, its north-east
corner may be a safety concern as it cannot be viewed from either street.
Staff will work with the developer of the plaza to address these concerns
and revisions to the building may be required. Staff will report back to
Council on this issue by memo. As the alcove is a separate issue, the
resolution of this issue should not hinder the rezoning for the convenience
store use, which is currently before Council.
9.4 In response to the issues raised by the Region of Durham, Staff had initially also
requested a more street-oriented location for the plaza building. Due to the
curvature of Mearns Avenue the applicant was unable to design a building closer
to the street while effectively accommodating other components of the plaza.
Further, it is the applicant's experience that street oriented buildings are more
difficult to lease, because of operational problems presented by having both
parking and loading areas at the rear and public entrances on two sides. Given
the constraints posed by the lot, street-front orientation was not considered
appropriate in this location.
10.0 CONCLUSIONS
10.1 This rezoning application deals only with the convenience store use. Staff will
continue to work on site plan issues and will report back to Council by memo on
the issue of the alcove. Staff anticipates resolution of site plan issues within the
next month in time for fall construction.
10.2 Staff are satisfied that the proposed new location for the garbage enclosure, as
shown in Attachment 3, is the most functional and unobtrusive location on the
site for refuse collection. In this location, with the 2.4 metre high fence over a 0.5
metre high retaining wall, the garbage building will not be visible from the east
side of 22 Chance Court. From the west side of 22 Chance Court, given the
relatively flat topography on the residential property, only a portion of the fascia
band and the shingled roof of the garbage building would be visible. Noise
attenuation measures and other recommendations made in the noise study will
address concerns over hours of refuse pick-up and other operational issues.
Staff is confident that this building design will function effectively to contain the
nuisance associated with the storage of refuse. Unless otherwise directed by
Council, Staff will proceed to finalize a site plan agreement with the garbage
building in the location proposed in Attachment 3.
10.3 Based on the comments contained in this report, it is respectfully recommended
that the rezoning application be APPROVED.
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REPORT NO.: PSD-10S-03
PAGE 11
Attachments:
Attachment 1 - Key Map
Attachment 2 - Letter from Rosemarie Ratchford with petition
Attachment 3 - Staff's Preferred Location for the Garbage Building and Loading Areas
Attachment 4 - By-law Amendment
Interested parties to be notified of Council's decision:
Anoop Saraf
1529593 Ontario Limited
8 Magistrate Court
Richmond Hill, Ontario L4C
Milan Shah
Mirage Steel Limited
23 Automatic Road
Brampton, Ontario L6S 4K6
Sandra and Wayne Murray
22 Chance Court
Bowmanville, Ontario L 1 C 4S4
Rosemarie Ratchford
14 Chance Court
Bowmanville, Ontario L 1 C 4S4
Brian Williams
83 Concession Street East
Bowmanville, Ontario L 1 C 3K5
654
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ZBA 2003-027
Zoning By-law Amendment
Owner: Anoop Saraf I Milan Shah
1529593 Ontario Limited
* OPTIONAL LOCATIONS FOR GARBAGE BUILDING PROPOSED BY RESIDENTS
July 20, 2003
ATTACHMENT 2
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JUL 2 1 20fJ3
Carto Pellarin
Director of Planning
MUNICiPPUIY Of ClARlfJGTON
PlAfmli~G OEPARrME!~T
Dear Carto:
On behalf of the residents of Chance Court, Kershaw Street and Flaxman Street, I would like to
address a few areas of concem; the access from the plaza on the comer of Meams and Concession
and the location of the enclosed garbage disposal building.
As many of us are, we are the original homeowners. We purchased our homes because a 'court' is a
safer environment for our children to grow up in - especially 'play safely'. Over the years, residents
have called the townspeople to make sure that there will never be an access to the court. It was always
stated that this would never happen.
1l1e street has allowed many children (see attached Children's Pemion), to have a safe play
environment where both parents and children feel at ease. This has allowed for better traffic control on
Kershaw as welL An access would only allow for more traffic, by foot or by car, to interrupt this
wonderful area. Children play hockey, basketball, tennis and roller blade, skip, ride bikes and play with
road chalk,. What a fabulous sight to see. Parents allow themselves to have a social at the same time.
We have become a community of our own. If we wanted a higher traffic area, then we would have
selected homes on those busy streets in other parts of Bowmanvillel
We have seen what a plaza location can do to a neighbourhood. It brings people together as a mooing
place, which' increases the amount of garbage and broken glass around the building and parking lot,
the noise level increases and sometimes violence occurs. People hide behind buildings to participate in
'other activities', which leads to an entire new set of problems. We are proud homeowners who want to
keep our great statistical record as such. We do not want SSE's to occur along with damage to our
property. But most of all, our precious children do not need to be lured into this environment,
Another concem is the location of the building for the garbage disposaL The homes at the end of our
townhouses on Chance court face the proposed plaza. It is difficult enough to face two buildings, plus
the garbage disposal building! We realized that it is necessary to have one, but not outside a person's
front door. It will be noisy from the weekly pick-ups plus the stench that will remain from all the garbage
that is left behind. We've all el<p8fienced this from our p.mp/oyment situations. Please reconsider this
from a humane perspective rather than solely the appearance of a plaza. The people of this community
would truly appreciate this.
Please take our concerns into serious consideration, even stop by and visit us. We want. to keep our
community safe and appealing and look forward to your support.
Sincerely,
f{O~cuAL KdJ~
Rosemarie Ratchford
Chance Court Spokesperson
Cc: Town Clerk
Mayor Mutton
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PEnnON
Re: Chance Court Bowrnanville Ontario
Strip Mall Site - Corner of Mearns & Concession
Julv 21 2003
The following residence listed below are opposed
to any kind of Path, Walkway. or any other kind of opening
that would provide access to the Sbip Mall from Chance Court.
We would like Chance Court to remain the same as it is
and not become a throughway for pedestrians and traffic.
Address
Phone #
C( 05
Signature
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pJi;nTION
Re: Chance Court Bowmanvl1le. Ontario
Stria Mall Site - Comer of Mearns & Concession
Julv 21. 2003
The followin9 residence listed below are opposed
to any kind of Path, Walkway. or any other kind of opening
that would provide access to the Strip Mall from Chance Court
We would like Chance Court to remain the same as it is
and not become a throughway for pedestrians and traffic,
Name
Address
Phone #
Signature
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PEnnON
Re: Chance Court BowmanviRe Ontario
StriP Mall Site - Comer of Mearns & Concession
JulY 21 2003
The following residence listed below are opposed
to any kind of Path, Walkway, or any other kind of opening
that would provide access to the Strip Mall from Chance Court.
We would like Chance Court to remain the same as it is
and not become a throughway for pedestrians and traffic.
Name
Address
Phone #
Signature
/OhlvL'7~" 1S',-lLaA,c/11CU1 JIh't'
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pennON
Re: Chance Court Bowmanville Ontario
Stria Mall Site - Comer of Mearns & Concession
Julv 21. 2003
The followingJesidence listed below are opposed
to any kind of Path, Wallw;ay, or any other kind of opening
that would provide access to the Strip Mall from Chance Court.
We would like Chance Court to remain the same as it is
and not become a throughway for pedestrians and traffic.
Name
Address
Phone #
Signature
(,q7-"11 c,-"
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Name
PEnnON
Re: Chance Court. BowmanviRe. Ontario
Strip Mall Site - Comer of Mearns & Concession
Julv 21.2003
The following residence listed below are opposed
to any kind of Path, WalkWay, or any other kind of opening
that would provide access to lh.e Strip Mall from Chance CQurt,
We would like Chance Court to remain the same as it is
and not become a throughway for pedestrians and traffic.
Address
Phone II
Signature
(pQ I t c Df~i)l,( S
lir..le,t"] Wes-fley
Da.\J,d wes-fle"
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PKl1uON
Re: Chance Court Bowmanville. Ontario
StriP Mall Site - Comer of Mearns & Concession
Julv 21. 2003
The following residence listed below are opposed
to any kind of Path, Walkway, or any other kind of opening
that would provide access to the Strip Mall from Chance Court.
We would like Chance Court to remain the same as ~ is
and not become a throughway for pedestrians and traffic,
Name Address Phone # Signature _ A ~e
q OJ;
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ATTACHMENT 4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-_
being a By-Law to amend By-Law 84-63, the Comprehensive Zonin9 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 former Town of
Newcastle in accordance with applications ZBA 2003-027 to permit a convenience store in
addition to other permitted non-residential uses;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16,5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is
hereby amended by introducing a new subsection 16,5.29 as follows:
"16,5,29
GENERAL COMMERCIAL EXCEPTION (C1-29) ZONE
Notwithstanding Section 16.1, those lands zoned C1-29 on the Schedules to this
By-law may also be used for a convenience store."
2. Schedule "3" to By-Law 84-63, as amended. is hereby further amended by
changing the zone designation from:
"General Commercial (C1) Zone" to "General Commercial Exception (C1-29) Zone"
as shown on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-Law.
4, 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. R.S.O, 1990.
By-Law read a first time this day of
2003
By-Law read a second time this day of
2003
By-Law read a third time and finally passed this day of
2003
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
66J
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This is Schedule "A" to By-law 2003-
passed this day of .2003 A.D.
LOT 9 , CONCESSION 2
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Patti l. Barrie, Municipal Cerk
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