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HomeMy WebLinkAboutPSD-108-03 ~ ..' . . . Cl~-!lJgtOn 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 " 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) 645 " 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 ,>' REPORT NO.: PSD-108-03 PAGE 4 . 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. 647 .' 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. 648 .' REPORT NO.: PSD-108-03 PAGE 6 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. 649 ~Y' .,' :f 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 650 .' 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. 652 <' 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. 653 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 .' ATTA H NT 1 .,...,-.... LOT 9 . CONCESSION 2 I E 03 RES!J NTI,AL , o RESIOE,T ~L P3 ------- --'--'--.: t 0 .....,...1" .~1It ~" J~- \~'?"'" ---~i ____ ,,~ -- / ~ 0 * ~I I , , ~ESIDUjT!.AL R3 r: '1-,' l!J ,..,,,,,_. ! . ,'^ i ". ! ~~ CHANCE CO<JfIT ",..,: @ G ~ -~~--- , , ;; "",.~j- @:. .~t,;' }" " i-:-! .,' .... ,,'. ,/ ~ CONCESSION STREET EAST TUCKER RD :LANVI LE :RES., HERRIMAN ST ~ TR U DEAU] 00 CRES) DRIVE 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 ~IEccm~ . 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 656 Name /-Y1 7YI;J..,' 0 j, f ~IZ iL(v<!.A..'~ '~.()'11 /lVF~~ Iv\nij (';j C-,,,,n\~ -.J~.t l -( l~ '-,{ !5?h~ J) p,~ k /?&- iA -""J. ..JLl Stc,,,-, 0> ...o:,,-.,.,,~ q( !efJf' _ ;-Ia (..)'ef 8cjA /Ialc lev S. '~ / HvC t \.lCbL~;I C2lLbk< B0,\'{:,,~ Q~\'<<~lt r.,< CJ'Ld.' vt,:,1; CUrv,JILL .~f\,,;h G('~{..__ C h \1 ";>_ "bi!:.C'Je--J Sf_ -:srf"r- ~0Uy.~,,) ~~'-? =))" -L-C~A';:" ::r: l 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 .24 K"-. r '5 h<<-.J .9<) I2A<.:,t~,----, W__ GCJ7-/931 Porl,')7o'198 I' , , '- < ,,:7-z./"\.L l. ;;:z( ~oJIJ:~"-' ~0+. 4:fH- gS- 2'1 d.;}.. (Ce<"sha..;S{. <0<11 UO'o' ~~~~'-j Sf <9)/$5) c2 . ~:r. ,,",-,-,.';{ (7)/9J) _.1/ kClshu.:;,f- (/iL. ;)/:i'<; .J/ );..15I1Q(.J. s+- b'h-d/:JS ~. ~;v'.sT b"l.3--'?bSO ~k0SI.-a~ c:t. QOS;-bJ3-ZWO \ \<8-st"A\i-> Y\ qO(-{fi7.q,))~< ---.1I ~rSl.c.v.,; 4.. C;cr) 6Ci'/ ?j~g S!2-r:SHFJi-J3T 90S 6971768 <<.:-~ 657 .' pJi;nTION Re: Chance Court Bowmanvl1le. Ontario Stria Mall Site - Comer of Mearns & Concession Julv 21. 2003 The followin9 residence listed below are opposed to any kind of Path, Walkway. or any other kind of opening that would provide access to the Strip Mall from Chance Court We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic, Name Address Phone # Signature ~;;?B/lvN# dfJ ~ tuc17- 2,q14~JvMt/ ~ _" ~c K..--.z~~ (.'17-<'/'19 ~ - (jI; -. _ .3?.....r-a.si~.v 67?/!:t73 q. . , W ~(r ~"h'\N5f 097. ~1'1'? ']1 ((; . ./ s- b C;) ~~ U !2 ~~1x,~ ". 2Y..L LJ, 4-e f'Y-A/.)..uwfL Cji.<,{,<n-uy.<;,>_~,,^ 1,0<.,.~<'h "1/.f.~ tit: /(Z/(f"/VJ.--Y yo;--a;J-5'77(. ~~ / _-:' 7<' /7# '/y./ul<t~ L/~l.?..ftL:'5i;cd~ %/).en--7.9L(Z '''/~/./::!1'' / . 0, ubi S _$ 0>r\WiilJ CWS 1f{1J14J L/.34tS~ 705(P7112!3 ~ I' '\{ : i , '3 ..1 Ie' ~ '''' ,v ~ N--" Y 7(' Jr<:::,W--' (CS ILf,l f,.) /J ..f://~ /%~ ./ (-II/(r-r;JCNo Yo<;ti-77//05 / ~ . --r:::: -, I I M"".......\ \- !~ ' S(Z'J~'" Pr1('-I'@C _--31 l4>y(~C. _2'0'\ r ]/?;; __ ~~, 'It' cJ1tl\XJvv'4- b97--/~ ~~ _~ ~_ I'tilvvJ Of r J(.{! ).fIlA<! le.92' !~1-Lb .4-4'1 4"-i<."- o{'l~ '1 U:~n-l "\.......,1. .-117' ) 1'( , !6:-4h-dJ;, sPk.ytr":Uffc,/?\k' 6'l~~-;-1f ,_()l)ie.~'11iJ'f1l 1\ r:'/r)Iif'Nil1tGue luq7.JiXS9 ~6e{1 1\ 1\ II \1 '- I ( 658 qd::; (y 1736 -57 lLQb14/.w / r ~ r D.obe ' '?65f: - (,/{ 7 ~ 3'7/1 tiu/1;/)( I " 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' 7 . , , ~ 'f / / . c~ 7 pj r". 'f,M';V-'-- ~q -rJh ~/11C(4 , :,1 (-;f . 3<; PIc"itx/J1]17 q-1097-~3L' ~) \=\u..'f.-'<Y<>..YI (o2.~' c.<;'{'\ 11 (2 ~) H..MlttiiLO (06"<,-t(jf1 t'X j /1. /1i</ft!fZ /Gf{j(~.Iv Au~ '7cl'('J!?fLl ;;[~ 2 ~'/ 1~-7 Bj3J)v/JIJ/i /1 A--tlP. YDo{"L,/},"1-/J/i/;) i - <<,v(J,.~ 96J!. I 0 ~~ 1V,s (Pf7- i ' . i=rg~~~() ,. f1 Pr A Y/41 ~1idJ-l/r~613~t;Ob l' .~ Ii:~~f J.o IU f1kd 9}1 " ?'i !fv,H...J ?If /:er~{{! i < ( r- q .J)ld Ii 659 f\'\,.' \JJ 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,-" 6'i7-~/5 '? ~?>-0l~4-3 6c.t.1-IQ'51 ""11- 1'1{"-r i-liJ - i 1 (-/ (87 - .55(" f:?<n - 3So( &;7 - '" ,~c;:- 1{,Wl P<rhM<" /.Mrntf /P..I1. ddfi4<7< IVII t<E. LOGA.~ -:::~(Gl l'i\V--I'r~__ \A./o. '1 ,,", ~ r'\" u 0. 'f "\-&\,~i' \~L {"j_ S.rAN ,""f t,cy jPNe-\ H ( Euo,--\ ,c-:>/l=-CS-'/,j3 !~~bU-KE doe he< nc<? c.f-j OlCfJ C~N{'E ~~ '3 ChanL~ c+ 1-".2.- 0-~cA 2.1.. C~a.,,'-"- <::..-\- -,..., .. \ ( I ~i... r '...>.f'\(-fo t. ! <J CHi! NC<~ Cfr, 1'1.. C.#ANCE:CK-T 9 {!1-If7JV(~E C-rZ, 5reve. /1//"'4.dc (' lor) .4I/dv-uJ ---2 Ch ~Tle e_ c..: rl. {'17 - tr<'r IIp - ~'foO;;: : i Z' (t~~ 1'ir 7~~ -~~;;;Z J~ ..J!l...lj"o-.11(t Cttf ..Jd3.:1Jl1JtJ _P;kI. Jr,,! J'/m/___ 11 t /..'17 (1' (lft_fj3=tJ 44 LOI'\-~...fuk\illL _Q..CJ'ClJ'lC'e (l,t Jaa)-'1gtoS SM,.fON /1&V~so// t, fr-1/3N'CE ;71'7 (",-93-c94/7" . 14;2---__ Blenda Pnl'krc, _JJ (not')(f' r(t~ {Qq1- ~11':l --Lf'~ J;~jrvmrr\;;/ ci1/;/:~ {/f .,23 -Lft2.:: "-'iR- ______ ~c% l).~vJP ~\ \ _-4-----.Ch em, p_ C-+- (oq~ - /rB5 JIe-~eV\ ~(..;eJ: 7 C~f'\.ce CrL (,q7~17?;S ~ -==r=eo-1\ 'f ~J 0 F f'./ .r (/.,,,., '( (.,.r G':;, ff,,~ I .J C', C hccY"i'. C r-f. 660 9.a ~P.l.-<_n ~ 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" I (' f) (),; L i0/t '';./1''-1 C-+' R-o {-A.j t160.., i Ot.mJC t (Af[ /{ CHANCE CiLr. if elt ArJCE elL! L~ C /-14 N r r (' f.-l --- I \ C! ~ A,,<.t.' Cjd;J, 661 t 'j}-Ja, i ~' . ~?1~/5'-f . \ ~~, (lio/7-;)J5Lf ~~L~ (o~i7- 01', ~1- {/, , -c &17 - vIII . }(-;f.. Ktdis I tt d- 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; M:tchdl i:l,(}..1.l1'\ :z.'-/r:....;<;J,"'~ 0<i1 .j9J] ';)10 A qUs J "cflQ.~1 1?J/'''"..rlf.2 4 J<:e f, j, ,~......., 697 - /q 77 ); f3 /7-/"~ not; ~ ''/f'S K':JD."--' fJ1o.<-C,.nlhr 2'~ )(...../<;),<<'0<) 6<1'7-/3D6. R.(j.'~" ./1.."yltJ"lI} )!,c~ ie. j fh~ f[h) ~ L /~ 8/ d~ :9q~~;~:~~~IJI'~~~-" ~~Y~r: J4c:'...~h<,{" ,",'-<lee''''',! "\() /1 ef"'Jk",,,/ -'_111 J1thec-----.JQ.{ c~ ., 0<0,,'3 S'-V~"1I1oL>j---- l,~ j/,c(,-',h<<~j (,q7.1(;,O?:" DOq 9!f: ~b:t'/ q : V,YfSkl\ s,;,vcc,,~,/?'() Y,t"(<.;i1"'~' iJ'\7,lbQ3 J\,~yr) ( - . 0~~~ l o'~" _ {\qc~.-,'J \J- _~""--~ ~t r~-~~35(); h cX:~-<.~;-- 1(,,- &'? lC; Cho-"'rJer 1'1((::-\)0'-1 12. C '1"\~1 101'1- l d... Eve. I /S V A, L-, f ~ \ t: R t\1-r(~e:ec\roi?.o 6if,3C4-I',j Vli 1.- :: Q ( ~ l ;" N\C"n los qo.tc~~,rd-l.J.l- (Y\o...i'l( { Cfr hJ-~ - CY1-1~ it A\exClndrC' :Rc',",ch['c~d --.If\- U1<II'Yt. <Y1-;-. bij.3-0JtJl:j OJ..~)",c.P('dihtC'ulI5yet<<: 0CV'\<":e. \:>:\~\\E. Q, U'Af'\ce CrL (;2'Z, Ma&' ~r\;,e. \3i\en<kk 13 [j'~N"S 1I1'!\\y r:,tr:uQ .;(q I,khI-,<<iA ) JdU' Jq ') 7 H (] /(7 )!(J(( ~ 5 YO JkICL Hcu')"'j II KdS\'-''''';:'mSI:-,-_ b'1l- :lti~ _1~.A \-\aLJJe.'y~ j''''' 13'02!:-<.'. HOL~I~-'1- . UJ<e(s\lC;~_':'+: (,,57-;)\8<;_ ~O(e. licilw)e1 '0"'5 JsLiJe. :5 +h,d1-e-'-1~'3~f<t11"*1<'Y0~ 0:)) sl:.Y3r;_K'fl~ H,/k,k !2 yrs 7' y I) C~~ ~n " \4--.--(~,~) 6C1lA'-, 11 ~," ~:cn.JI~d3~ ~~~~ 23 j1e1h~ bl1- I q \ Y A IV\ "/ J-v\ ~ l? Y;/'b'{r'V K CA lLe:,{~S)JuG~ ..3iaJs'=-~.,: ~+- 611'6'"19'i?- k(H.LL~i't Ie) 7y. J<:( 'Y\ P - 5 KQ Ih, ?I. t;'e.-.sh'"'''~ (,<rnn~, p k Q i l' h I ---Offi0.0e \"\)()\~e.o. l..\o \"{>'C')DC\li\ 0Cn().\-55' ..... ... -~ };) I' 662 ~ t~'> fdtb6h ~e: ekAmu. ~) .*If? /-.Wl ~ ()0fJ J- I V'l\SUh.A-ho1-v_~~~_~_Lb.~~ ~. .'._yt.. ~ ~~JU<.--- Y <:ha(\(~ aL 1'1~".__)4ts ~~~fJ'i-{j(jlj:'Fn JkJiO"<;C r-<+J. {YSN)~~~ ~--1.--._-._-_..._--~-~--- - t en vc.nj~e.~< Zo clY1/~.--.e .cr-J.K_ial (] '-10; l~.k\j)o.M_er .---. ----- _A....o....f..tw- () c.. e- c I ~ n_ _ ~ 0-= _ .M_ O~~~ - ----T--: . -. ~ y-fS M.:u...~L-----L~{j" Ii \<u ~l.,..." :,}. . 3 'JJLJ~ SitJ'J/lA/ LfJn{JfL~~---11 te-rShCWl sf: .;gll/4~J D-yllJD-.Cn \,,1 i ~ _ __f:d2.k\ ""OF C'vLJJjlJ4n_ C o..wLp~ ~ <2J~;~r:&l1\:.. b.i:'p~.("cL ~n-~~1e1)': tMf'Q __ 1"3 Uo",~Cr+ ~e. 5 - q)e.'>c (YJu.N'~ 22 ('J"OV7f.(7 c\ b<1.7-(Q/77 C{fi; l~ - --_._-,--~_.--~--'-'- --,,------,---.--- --- -----------..----------- ----------------------- .. --~" 663 , '\: , , ,<(;.. ' 58.48 REEN - -"l1~ '1'" 21',33 ~ffi~ ~e~ 80 E~ 25.50 21.03" ," lED WAlK ____ ............._--~ t- .", I I" I ~~~ I "'lC:Q I 3 . L____ -" (PLAN ~OM-1878 4c MEAS.) Nl8'23'50"W 18:80 -..,..,... - SCAPING_ 'OfS r 8 11.00 \1 e a>g N'" "'t;' rtf ATTACHMENT 3 1 l!1 rt-----. 'u. "'l~ u r;j r- )> Z u_o> _ _~~_ _ __ _ ~__ ''C> ..p..' o =s: I -->. - STAFF'S PREFERRED LOCATION FOR THE GARBAGE BUILDING AND LOADING AREAS ".. ~ - (> t- ~ ~<t; l'1 \ .--...----.....--""'"--- :;q fT1 I (j) '~k!:J 6 ..,'J.K - -.- - --f'Tl- - - .~ [2j~ ~ 8 I I ~~ ~~~~~ :11-\ -1 ~ ~ ~ ~14 II ~'!5 I ~ 11~5 fT1 ~' I I"'~ 'I 1"'2 X 130 I 1\ I ~ 11/ \, !>>! II ,I ~---j r,---/1Se / / I' I I""lii! I I ' I 1~tl5. , 'f/. I I I %, I ~ , II/'II~ /..v I' '''v I ~___'/ , 1/ i) "v 664 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 .' This is Schedule "A" to By-law 2003- passed this day of .2003 A.D. LOT 9 , CONCESSION 2 <<co, ,,(c:,::',N'I/-l i,- II: .1- , r~; ,I ,I I " ;' I , I '1,. ) .'J \ '7 I / .Ii I , / "[SIDD,TIAL " Cl1A>>:l:' 'I i COl.I'IT ,1 , ~ , , /0""C, ;' .,0. ! I" /5 , " I > ! I , I I I I I -'I I ~. I , _.q. :'-'.~:-:::'''''''_--~.~'. - " --~ ---I --~-c_=o=-='1 . ~ (',~ CONCESSO~ STnEET o~ST &/ _ ZONING CHANGE FROM "C1" TO "C1-29" :f /? John Muttor>, Mayor Patti l. Barrie, Municipal Cerk DRIVE r- (f) ~ <t :r: (f) o <t cr: m ~ <t :r: (f) cr: w '" TUCKER RD ;LANVI LE :RES,] HERRIMAN ST ~ TRUDEAU] JD CRESj ORR CRT, z Z <t ~ ST, EAST McFEE1ERS UI. '?-( R K-+- CI IN t /CH~ I DOWNHAM I -------- ...pi' " SOI/"","" '/! ;/ r/J; Bowmanville