TOWN OF GRIMSBY PLANNING & DEVELOPMENT COMMITTEE AGENDA APRIL 12, 2011 7:00 P.M. ELIZABETH STREET PUMPHOUSE Page A. OPEN HOUSES 3-6 7-9 i) Zoning Amendment Application - 381 Murray Street ii) Zoning Amendment Application 5 Doran Avenue B. CALL TO ORDER C. DISCLOSURE OF INTEREST D. REPORTS 11-12 13-16 17-22 23-28 29-37 39-45 i) DBE 11-04 - Building Department Inspection Vehicle ii) iii) iv) DBE 11-05 Report - Nuisance By-law DBE 11-06 - Report - Revised Noise By-law Report P.A. 11-13 Application for Draft Plan of Condominium - Flair, Westbrook Subdivision, Losani Homes v) Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates vi) Report P.A. 11-15 - Site Plan Ageement - Blessed Trinity E. MINUTES 47 i) Minutes of a Public Meeting - 239 Main Street East Page 1 of 57
AGENDA PLANNING & DEVELOPMENT COMMITTEE 7:00 P.M. Page ELIZABETH STREET PUMPHOUSE E. MINUTES 49-50 51-52 53-54 55-57 ii) Minutes of a Public Meeting 241 South Service Road iii) Minutes of a Public Meeting for Block 29, Flair Townhouses - Westbrook Subdivision Phase II iv) Minutes of the GEDAC Meeting Held on March 24, 2011 v) Minutes of the GHAC Meeting Held on March 22, 2011 F. ADJOURNMENT Page 2 of 57
OPEN HOUSE INFORMATION SHEET DRAFT PLAN OF SUBDIVISION APPROVAL AND RE-ZONING APPLICATION 381 MURRAY STREET, GRIMSBY, ON A. PROPOSAL: The subject site, which is located at 381 Murray Street, Grimsby, is currently vacant. Its location can be seen in Figure 1 below. The applicant has applied for a Draft Plan of Subdivision Approval which would subdivide the land to accommodate 28 lots supporting single detached dwellings and to extend portions of the surrounding existing roadways to provide access into the site. Diana Avenue would extend into the lot from the North and Lorne Avenue would run through the lot from East to West to connect with Murray Street. Refer to the final page of this report for a sketch of the proposed development. The lands surrounding the subject site are predominantly used for residential purposes with older larger lot (R2) development to the north and newer smaller lot (R4) development to the west. Lakeview Public School is located to the east and the subject site abuts the QEW to the south. The current zoning of the site is Residential R2 and Holding Residential H-R2 Zone. The existing zoning does not permit the proposed development. Therefore the application has been made to change the zoning on the subject site to a Residential R4 Zone with site specific regulations. An application for draft plan of subdivision has also been made to create the proposed 28 single detached lots (Plan on Page 4). B. ZONING Existing Zoning Figure 1. A map depicting the subject site located at 381 Murray Street, Grimsby ON- indicated by the red arrow. (Source: Mitown 1.4, April 2011). The subject lands are currently zoned Residential R2 and Holding Residential H-R2 (the northwest corner of the site). The portion of the site with a Holding prefix is a remnant block from the abutting subdivision to the west. The R2 zoning permits the development of single detached dwellings but it does not allow for the proposed lot frontages and setbacks. The Holding prefix does not permit any development until the prefix is removed. Proposed Zoning The proposed zoning for the site is Residential R4. Single detached dwellings are a permitted use in R4 zone. Site specific regulations are proposed as outlined in the following table: Item Minimum Lot Frontage Minimum Lot Area Maximum Lot Coverage Minimum Front Yard Maximum Garage Protrusion Site Specific Regulation 10m (corner 11.8m) 275 sq. m. (corner 325 sq. m.) no requirement 4.5m (to garage 5.75m) 2m beyond front face 1 Zoning Amendment Application - 381 Murray Street Page 3 of 57
Item Minimum Side Yard Minimum Rear Yard Minimum Between Buildings Minimum Flankage Side Yard Minimum Rear Yard Minimum Floor Area One Storey or Split Level Minimum Floor Area 1½ storey Minimum Floor Area 2 storey Maximum Height Maximum Number of Display Homes Site Specific Regulation 1.2m on one side and 0.6 m on the other 7.5 m 1.8 metres 3.0m (to garage 5.75m) 7.5 metres 75sq.m. 90sq.m. 100sq.m. 2 storeys 10 at any time C. OFFICIAL PLAN: Town of Grimsby Official Plan - 1987 The subject site is located within an Urban Residential Area, as outlined in Schedule A of the 1987 Town of Grimsby Official Plan. This designation permits the development of single-detached dwellings with an emphasis on low density residential development that has a density of 13 units per net hectare or less. In established Residential areas which are relatively stable and where potential for new development or redevelopment is limited, any changes in the area will generally conform to the established pattern in terms of unit type, lot area and building size and design. In newer developing areas or significant redevelopment areas, proposals which provide a mix of housing forms and densities in each Neighbourhood in the Urban Area shall generally be encouraged. Priority shall be given to applications for residential plans of subdivision and other developments which: i) assist in the completion of the existing pattern of development in a neighbourhood in order to limit servicing costs and maximize the use of existing community services and land resources; ii) represent redevelopment or infill developments; and/or, iii) result in the relocation of existing incompatible uses. Town of Grimsby Draft Official Plan - 2009 Although the new Official Plan was approved by Town Council in November 2009, the Town is still awaiting final approval by the Region of Niagara. The following are some of the relevant objectives and policies. The subject site is located within a Low Density Residential Area which permits single-detached dwellings. The Low Density Residential Area Designation applies to existing low density stable residential neighbourhoods throughout the Grimsby Urban Settlement Area. It is the intent of this Plan that these stable residential neighbourhoods be protected from significant redevelopment while, at the same time permitting ongoing evolution and rejuvenation. General Policies 1. Low density residential building forms shall not exceed a height of 2.5 storeys. 2. All Low Density Residential development shall be compatible with adjacent properties and shall respect the character and image of the neighbourhood. 3. Low density residential uses shall have a density of not more than 25 units per net residential hectare. 4. Within stable residential neighbourhoods, the maximum permitted height and density may be lower than that permitted in clause 3 in order to conform to the urban design criteria below Design Policies for Residential Neighbourhoods Objectives: The Town s objectives for urban design within Residential Neighbourhood designations are: 1. To enhance the liveability and physical appeal of the Town through the quality, layout and attractiveness of the public streetscape and private spaces and buildings. 2 Zoning Amendment Application - 381 Murray Street Page 4 of 57
2. To ensure that development within stable residential neighbourhoods reflects and fits in with the established character. Compatibility Criteria for Stable Residential Neighbourhoods a) It is a fundamental principle to avoid and/or mitigate any inappropriate interface between buildings and/or uses. As such, the concept of compatible development is of paramount importance throughout Residential Neighbourhood areas. All development applications shall be reviewed with respect to their compatibility with existing and/or approved developments. b) New dwellings within stable residential neighbourhoods shall provide a consistent relationship with existing adjacent housing forms and the arrangement of these existing houses on their lot. As such, new dwellings shall: i) Provide a building height which reflects the pattern of heights of adjacent housing; ii) Provide for a similar lot coverage to adjacent housing to ensure that the massing or volume of the new dwelling reflects the scale and appearance of adjacent housing; iii) Maintain the predominant or average front yard setback for adjacent housing to preserve the streetscape edge, and character; iv) Provide for similar side yard setbacks to preserve the spaciousness on the street; v) Provide a built form that reflects the variety of façade details and materials of adjacent housing, such as porches, windows, cornices and other details; and vi) Provide a limitation on the width of a garage so that the dwelling reflects the façade character of adjacent housing. c) Site specific zoning may be required for new dwellings to ensure that the criteria set out in subsection b) are met. d) Notwithstanding subsection b), on larger infill properties where new streets and blocks are created, greater variation from the existing conditions may be considered, provided a transition is created between existing housing and the new dwellings wherein the dwelling meet the requirements of subsection b). e) New lots within stable residential neighbourhoods shall provide a consistent relationship with existing adjacent housing lots. As such applications for consents and plans of subdivision shall: i) On smaller infill properties, provide lots, which maintain the established rhythm of lot sizes and frontages on adjacent housing lots; ii) On larger infill properties, incorporate a transition area so that lots of similar size and character are located adjacent to existing lots; and iii) Create a street and block pattern, which serves as a seamless extension of the surrounding neighbourhoods by providing an interconnected block structure and the extension of the existing local road network. f) Townhouses and other multiple unit dwellings should only be considered in stable residential neighbourhoods when the following policies are met: i) Development proceeds by way of an official plan amendment to change the lands to a medium density residential designation; ii) The development conforms to the development criteria for townhouses; and iii) The development incorporates a transition area of single detached lots which meet the requirements of subsection d) and e). 3 Zoning Amendment Application - 381 Murray Street Page 5 of 57
D. REDUCED COPY OF SUBMITTED DRAFT PLAN 4 Zoning Amendment Application - 381 Murray Street Page 6 of 57
Zoning Amendment Application 5 Doran Avenue Page 7 of 57
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Zoning Amendment Application 5 Doran Avenue Page 9 of 57
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DBE 11-04 - Building Department Inspection Vehicle Page 11 of 57
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DBE 11-05 Report - Nuisance By-law Page 13 of 57
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Report P.A. 11-13 Application for Draft Plan of Condominium - Flair, Westbrook Subdivision, Losani Homes Page 23 of 57
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P.A. 11-12 26CD-16-1101 REPORT TO: RE: Alderman N. DiFlavio, Chair and Members of the Planning & Development Committee Application Draft Plan of Condominium Approval, 19 Lake Street, Mariner Estates DATE: April 12, 2011 1.0 RECOMMENDATION: That Report P.A. 11-12, regarding an application for draft plan of standard condominium approval to Mariner Estates, 19 Lake Street (26CD-16-1101) be received, and that Draft Plan of Condominium be approved subject to the conditions attached to this report as Appendix "A". 2.0 BACKGROUND/PROPOSAL In March of 2007, Grimsby Council approved the site plan for the Mariner Estates development to permit a 23 unit residential development. The approval was subject to a number of conditions required for the development of the site. Since conditional approval was granted, the proponent has been working towards final site plan approval. This has involved finalizing all servicing, grading, landscape plans, etc. In December of 2009, revised landscape plans were brought to Planning & Development Committee for approval. The site plans have now been finalized and a site plan agreement has been registered. In March of 2010 the builder, Gatta Homes, had requested a revision to the approved site plan proposal to reduce the number of units on the island block by one in order to increase the size of the remaining units. Approval for this type of amendment has been delegated to the Planning Director. A report was brought forward to the Committee for information purposes. Construction on the site has commenced and some of the units are nearing completion. Figure 1 depicts the current state of construction. Application has now been made for draft plan approval of a plan of standard condominium. The plan consists of exclusive use areas (the 22 units, balconies, etc.) and common areas (visitor parking areas, driveways, landscaped areas, etc.). Figures 2A and 2B illustrate the proposed draft plan. Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates Page 29 of 57
Report P.A. 11-12 Application for Standard Condominium April 12, 2011 19 Lake Street, Mariner Estates Figure 1 ISLAND UNITS (nearly complete) MAPLE SEMIS (under construction) LAKE ST. UNITS (pending) Figure 2A SECOND FLOOR CONFIGURATION (island units) Page 2 of 9 Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates Page 30 of 57
Report P.A. 11-12 Application for Standard Condominium April 12, 2011 19 Lake Street, Mariner Estates Figure 2B FIGURE 1 PHOTOS Page 3 of 9 Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates Page 31 of 57
Report P.A. 11-12 Application for Standard Condominium April 12, 2011 19 Lake Street, Mariner Estates Application has also been made to the Land Division Committee for easements for the abutting water lot which would assign long term lease arrangements for features like boat slips, walkways, and parking spaces to either the Marina, the Condominium Corporation or shared. Figure 3 illustrates the Land Division sketch that has been modified to show the proposed lease arrangements and the boundary of the condominium application. Figure 3 Page 4 of 9 Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates Page 32 of 57
Report P.A. 11-12 Application for Standard Condominium April 12, 2011 19 Lake Street, Mariner Estates 3.0 AGENCY COMMENTS Based on a review of the condominium plan, the Region of Niagara concludes that the site layout will not enable waste management vehicles to provide curbside waste collection for units 13 to 22, inclusive. In order for the Region to provide collection, the condominium agreement between the Town of Grimsby and the developer should include a clause requiring the submission of detailed drawings, showing the path the waste collection vehicle will travel through the site to collect waste and the locations of waste collection pad areas along the internal road, to the Regional Public Works staff for review and approval. Furthermore, the agreement should require the developer and/or subsequent owner to agree to comply with the Region of Niagara s Collection of Waste by Way of Entry on Private Property Policy (PW2-W07) and to enter into an Indemnity Agreement. Alternatively, if waste collection is not to be provided by the Region, the condominium agreement should contain a clause stating that waste collection will be the responsibility of the condominium corporation. A warning clause should therefore be included in the Condominium Agreement making a statement to that effect. The NPCA has no objection to the approval of the proposed Draft Plan of Condominium approval. However they request that a condition be included to ensure that the Condominium Corporation is bound by the provisions of the site plan agreement (including its implementation and any maintenance requirements). Also, they note that required monitoring information under a Department of Fisheries and Oceans (DFO) Letter of Authorization that was a requirement through the previous approvals for the development has not been submitted by the owner. They therefore require a condition of draft plan of condominium approval that requires the provision of this information to the satisfaction of the Department of Fisheries and Oceans, and that an additional clause is included in the condominium agreement to ensure that the condominium corporation is bound by the requirements of the DFO Authorization and the required monitoring works. Bell Canada has requested draft plan conditions that will ensure the accommodation of adequate telecommunication infrastructure and service. Other comments from Hydro One, MTO, the District School Board of Niagara, Canada Post, and the Grimsby Public Works Department offered no objections. The Public Works Department also requested a condition that the applicant enters into a condominium agreement that adopts the site plan agreement. 4.0 REVIEW The 1986 Official Plan states that only those development proposals, submitted under the Condominium Act, which conform to the general policies and designations of this Plan and which can be provided with adequate services shall be recommended for approval. It designates the property as Marine Commercial Area which permits the proposed use. The proposed Page 5 of 9 Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates Page 33 of 57
Report P.A. 11-12 Application for Standard Condominium April 12, 2011 19 Lake Street, Mariner Estates development was scrutinized with respect to the objectives and policies of the Official Plan through the zoning amendment and site plan approval processes. The New Official Plan although not approved by the Region, has been approved by the Town and represents Council s intent or direction. It states that only those development proposals submitted under the Condominium Act that conform to the general policies and designations of this Plan and which can be provided with adequate services shall be recommended for approval. It designates the subject lands Marine Commercial Area which permits the proposed use. The policies of the new Official Plan are similar to those of the 1986 Official Plan for the Marine Commercial Area. The Town approved a zoning amendment to establish Residential Multiple RM2 zoning with site specific regulations to permit the proposed development. Development Agreement The NPCA and the Grimsby Public Works Department both request a condition that the applicant enters into a condominium agreement that adopts the site plan agreement. This will explicitly obligate the Condominium Corporation and its members, as the new owners, of the terms and conditions of the site plan agreement. Waste Collection Municipal waste collection was previously reviewed by the Region through the site plan approval process. Unfortunately the conclusions of that review have not been documented. They have therefore requested the inclusion of draft plan conditions that would address either scenario. The inclusion of these conditions is appropriate in order to enable the applicant and the Region to resolve the issue. Outstanding and Future Monitoring Information The NPCA has requested a condition that requires the provision of monitoring information to the satisfaction of the Department of Fisheries and Oceans (DFO), and that an additional clause is included in the condominium agreement to ensure that the condominium corporation is bound by the requirements of the DFO Authorization and the required monitoring works. This stems from a habitat compensation plan for an area of fill that was authorized by the DFO. As it is an outstanding item from the DFO authorization, it is reasonable to require the provision of this outstanding information as a condition of approval and to bind the Condominium Corporation to this ongoing monitoring requirement as the new owner of the lands. Lease Consents for Water Lot The water lot that is illustrated by Figure 3 will be jointly owned by the marina and the condominium corporation. The Land Division Committee application for this site would assign 99 year leases for features like boat slips, and parking spaces to either the Marina or the Page 6 of 9 Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates Page 34 of 57
Report P.A. 11-12 Application for Standard Condominium April 12, 2011 19 Lake Street, Mariner Estates Condominium Corporation. The individual slips would in turn be assigned to either unit owners or other individuals within the condominium or by the marina respectively. Other features required for access such as the waterway and walkways would be shared. Concerns were raised when the water lot was originally created about potential conflicts between boaters and residents. To address this, the assignment of slips is proposed to be arranged in a manner that would minimize this risk and appropriate provisions were introduced into an agreement that ensures that if any conflicts do arise that a mechanism is in place to resolved the matter internally amongst the stakeholders. Conclusion The Official Plan requires that approval of a condominium application should be contingent upon the site conformity to the objectives and policies of the Official Plan and zoning regulations. These issues have been determined through previous zoning amendment, minor variance and site plan applications. The proposed draft plan conditions detailed by Appendix A will ensure the proper transition of stewardship of the site and all of the obligations associated with it to the new owners. In general terms, these conditions include the following: That draft approval expires three years from the date of draft approval; Meeting the Regions condition regarding public or private garbage collection; The applicant providing outstanding monitoring information to the satisfaction of DFO; The owner entering into a condominium agreement with the Town that adopts the development agreement and is registered; That the agreement include a clause to ensure that the condominium corporation is bound by the requirements of the DFO Authorization and the required monitoring works; and That the agreement requires the adequate accommodation of public utilities Accordingly, staff recommends approval of the draft plan of standard condominium subject to the conditions outlined in Appendix A of this report. Prepared by: Respectfully Submitted by: ORIGINAL SIGNED BY: Walter Basic Planner ORIGINAL SIGNED BY: Michael J. Seaman, MCIP, RPP Planning Director Page 7 of 9 Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates Page 35 of 57
Report P.A. 11-12 Application for Standard Condominium April 12, 2011 19 Lake Street, Mariner Estates APPENDIX A Conditions of Approval for Mariner Estates Draft Plan of Standard Condominium Certified by Allan J. Heywood, Revision 1 dated January 19, 2011 1. That the Town s draft approval of this Condominium Plan will expire three years from the date of draft approval unless the Town grants extension of the approval. If an extension is requested, an updated review and revisions to the conditions of approval may be necessary at that time. 2. That the Developer enter into a Condominium Agreement with the Town of Grimsby and satisfy all requirements, financial and otherwise, concerning the provisions and installations of all municipal services both within and external to the Plan and including, but not limited to securing the works to be done by a Letter of Credit, municipal fees, development charges, road works, under-ground sewers and watermains, storm drainage, sidewalks, walkways, fencing, noise attenuation and any other matters as may be required and specified by the Town. 3. The Condominium Agreement shall include a provision that requires the Developer to make arrangements satisfactory to Grimsby Power Inc., Bell Canada, Consumers Gas, and other Public Utilities and the Town of Grimsby for the provision of underground utility services including Town street lighting, both internal and external to the Condominium. 4. That the Condominium Agreement between the Developer and the Town of Grimsby is registered by the Municipality against the lands to which it applies as provided under The Planning Act, R.S.O, 1990, as amended. 5. That, if curb-side waste collection is to be provided by the Region the draft plan shall conform to Regional Niagara Policy Collection of Waste by Way of Entry of Private Property to the satisfaction of the Regional Public Works Department. That the condominium agreement between the Town of Grimsby and the developer include the following clauses: (a) To be eligible for the provision of collection service by way of entry on private property, the private roadways must be designed to meet the requirements of the Regional Niagara Policy Collection of Waste by Way of Entry of Private Property (i.e. providing through passage, minimum roadway width, throat width/curb radius, etc.) so that collection vehicles can access collection locations without the need to reverse. A cul-de-sac designed in accordance with the Region s specifications will be required for developments that do not permit through passage. The Region will consider the use of a T turnaround area(s), designed in accordance with the minimum dimensions as outlined in the Regional policy, as an alternative turn around method where the above requirements cannot be met. Developments unable to meet these requirements will not be eligible for Regional collection service by way of entry on private property and will, therefore, be required to obtain private waste collection services. Page 8 of 9 Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates Page 36 of 57
Report P.A. 11-12 Application for Standard Condominium April 12, 2011 19 Lake Street, Mariner Estates (b) That detailed drawings showing the path the waste collection vehicle will travel through the site to collect waste be submitted to the Regional Public Works Department for review and approval. (c) That the developer and/or subsequent owner to agree to comply with the Region of Niagara s Collection of Waste by Way of Entry on Private Property Policy (PW2.W07) and to enter into an Indemnity Agreement with the Region. 6. That if waste collection is not to be provided by the Region, the condominium agreement contain a clause stating that waste collection will be the responsibility of the condominium corporation and the following warning shall be included in the condominium agreement and inserted in all offers and agreements of purchase and sale or lease for each dwelling unit to survive closing: Purchasers /Tenants are advised that due to the site layout, garbage pick-up for the development will be provided by the condominium corporation through a private contractor and not the Region. 7. That outstanding monitoring information required under a Department of Fisheries and Oceans (DFO) Letter of Authorization BU-04-3769 (a requirement through the previous OPA/ZBA approvals for the development) be provided to the satisfaction of the Department of Fisheries and Oceans. 8. That a clause be included in the condominium agreement to ensure that the condominium corporation is bound by the requirements of the DFO Authorization and the required monitoring works to December 31, 2011. Clearance of Conditions Prior to granting final plan approval, the Town of Grimsby must be in receipt of written confirmation from the following agencies that their respective requirements have been met satisfactorily: Regional Municipality of Niagara for Conditions 5 and 6 Niagara Peninsula Conservation Authority for Conditions 7 and 8 Condominium Agreement Prior to final approval for registration, a copy of the executed condominium agreement for the proposed development should be submitted to the Regional Development Services Division for verification that the appropriate clauses have been included. Note: The Regional Development Services Division recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revisions prior to execution. Page 9 of 9 Report P.A. 11-12 Application for Draft Plan of Condominium - Mariner Estates Page 37 of 57
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Minutes of a Public Meeting - 239 Main Street East Page 47 of 57
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Minutes of a Public Meeting 241 South Service Road Page 49 of 57
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Minutes of a Public Meeting for Block 29, Flair Townhouses - Westbrook Subdivision Phase II Page 51 of 57
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Minutes of the GEDAC Meeting Held on March 24, 2011 Page 53 of 57
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