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HomeMy WebLinkAboutPLN 23-13 Resolution #151/13 • Cali 00 Dated December 9, 2013 Report to Planning & Development Committee PI KERING Report Number: PLN 23-13 Date: December 2, 2013 From: Thomas Melymuk Director, City Development Subject: Zoning By-law Amendment Application A 7/12 Almont Homes Inc. Part of Lot 30, Concession 1 and Block 137, 40M-1418 1799 Rosebank Road and southerly portion of 1716 Broadoak Crescent Recommendation: 1. That Zoning By-law Amendment Application A 7/12, submitted by Almont Homes Inc., to amend the zoning of the subject lands to site specific "S1" and "S3" zones in order to facilitate the creation of four lots, a part block and the extension of Broadoak Crescent on lands being Part of Lot 30, Concession 1 and Block 137, 40M-1418, be endorsed as outlined in Appendix Ito Report PLN 23-13, and that staff be authorized to finalize and forward the implementing Zoning By-law Amendment to Council for enactment; and 2. Further, that the request made by Almont Homes Inc. to permit the division of the lands being Part of Lot 30, Concession 1 and Block 137, 40M-1418 through land severance rather than by draft plan of subdivision, be approved. Executive Summary: The subject properties are located on the east side of Rosebank Road, south of Stouds Lane and west of Broadoak Crescent, within the Amberlea Neighbourhood. Almont Homes Inc. has submitted an application for Zoning By-law Amendment to development the subject lands for low density residential. The applicant's original plan proposed for the lands municipally known as 1799 Rosebank Road was to facilitate the creation of a total of two lots for detached dwellings fronting Rosebank Road and Broadoak Crescent, and the extension of Broadoak Crescent. The applicant also proposed the creation of five part lots intended to be combined with the adjacent lands to the north and south for future residential lots fronting onto Rosebank Road and Broadoak Crescent. In response to comments by City staff, as well as comments from Council and area residents, the applicant submitted a revised plan. The applicant has redesigned their proposal to include a plan that relies solely on the applicant's land holdings. The applicant has recently acquired the abutting vacant block to the north fronting Broadoak Crescent, adjusted the proposed lots lines, and reduced the number of part lots to one. These changes have resulted in a proposal for a total of four lots for detached dwellings having frontages on Rosebank Road and Broadoak Crescent and the creation of a part lot fronting the future extension of Broadoak Crescent. Report PLN 23-13 December 2, 2013 Subject: Almont Homes (A 7/12) Page 2 The recommended zoning amendment represents appropriate density and standards for this infill development. The proposed development is appropriate and implements the Official Plan. The development demonstrates an appropriate lotting pattern that is in keeping with the established lotting pattern along each street. The recommended performance standards will ensure that the size, scale and height of the proposed dwellings will be compatible with the existing built form along Rosebank Road and Broadoak Crescent. The applicant is also requesting authorization from Council to create the lots through land division instead of through a plan of subdivision. City Development staff is satisfied that a plan of subdivision is neither appropriate nor necessary since the subject lands represent a small infill development along an existing road network and there are existing services available along both Rosebank Road and Broadoak Crescent. Therefore, the lands can proceed through land division. Accordingly, staff recommend that Zoning By-law Amendment Application A 7/12 be endorsed as outlined in Appendix I to Report PLN 23-13 and that Council permit the division of the subject lands through land severance rather than by draft plan of subdivision. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description The subject lands are located on the east side of Rosebank Road, south of Strouds Lane and west of Broadoak Crescent. The properties have a combined area of approximately 0.25 of a hectare (see Location Map, Attachment#1). Currently, the site supports.a detached dwelling fronting Rosebank Road, which is intended to be demolished. There are a number of mature trees scattered throughout the site, and dense cedar hedges and associated saplings around the perimeter of the site. Established low density residential subdivisions of • detached dwellings surround the subject lands, with the exception of the lands to the south, which is a larger residential lot containing a detached dwelling fronting Rosebank Road. Report PLN 23-13 December 2, 2013 Subject: Almont Homes (A 7/12) Page 3 1.2 Applicant's Original Proposal The applicant originally proposed the development of the lands municipally known as 1799 Rosebank Road for a total of two lots for detached dwellings fronting Rosebank Road and Broadoak Crescent, and the extension of Broadoak Crescent. The applicant also proposed the creation of five part lots intended to be combined with the adjacent lands to the north (southerly portion of 1716 Broadoak Crescent, legally described as Block 137, 40M-1418) and to the south (1793 Rosebank Road) for future residential lots fronting onto Rosebank Road and Broadoak Crescent. The overall concept plan proposed a total of nine lots for detached dwellings, five fronting Broadoak Crescent and four fronting Rosebank Road (see Applicant's Original Plan, Attachment#2). 1.3 Applicant's Revised Proposal In response to comments by City staff, and comments from Council and area residents, the applicant has submitted a revised plan. The applicant has acquired the abutting vacant block to the north fronting Broakoak Crescent (southerly portion of 1716 Broadoak Crescent), adjusted the proposed lots lines, and reduced the number of part lots to one. These changes have resulted in a proposal for a total of four lots for detached dwellings having frontages on Rosebank Road and Broadoak Crescent, and the creation of a part lot fronting the future extension of Broadoak Crescent. The lots fronting Rosebank Road will have a minimum lot frontage of 11.4 metres and the lots fronting the extension of Broadoak Crescent will have a minimum lot frontage of 13.1 metres (see Applicant's Revised Plan, Attachment#3). The redesigned plan relies solely on the applicant's land holdings. 2. Comments Received 2.1 Public comments from the February 4, 2013 Public Meeting and in written submission At the February 4, 2013 Public Meeting, approximately 25 area residents attended the meeting and voiced concerns with respect to the proposed development. The majority of their concerns related to the completion of Broadoak Crescent, loss of existing mature trees and the piecemeal nature of the development. Specifically, the concerns identified are as follows: • opposition to the extension of Broadoak Crescent • " • concerned with piecemeal nature of the development • concerned with the length of time of construction for the entire development to be completed • concerned with the increased density in the neighbourhood • opposed to the reduced side yard setbacks Report PLN 23-13 December 2, 2013 Subject: Almont Homes (A 7/12) Page 4 • compatibility of the size and scale of the proposed dwellings with the existing homes within the immediate neighbourhood • impacts of drainage on adjacent properties • increased traffic and street safety • loss of mature trees • maintenance of the part lots • further clarification regarding the difference between land division and plan of subdivision • the abutting land owner to the south (1793 Rosebank Road) raised a concern that his property would be landlocked from future development opportunities A petition signed by 15 area residents was submitted by Michael Ling (resident of 1717 Broadoak Crescent) opposing the application (a copy of the petition is available at the City Development Department). Key concerns listed by the petition included similar concerns as noted above. 2.2 City Departments & Agency Comments Region of Durham • the proposal complies with the Living Area designation policies of the Regional Official Plan • municipal water supply and sanitary sewer are available to the subject lands • as a condition of severance, the applicant will be required to enter into a development agreement registered on-title with the City of Pickering, which include provisions implementing the recommendations of the noise study • the Region has no objection to the application Durham Region Transit • no objection to the application Engineering & Public Works • generally satisfied with the development proposal • support the extension of Broadoak Crescent as proposed by the applicant • the proposed lot configurations provide sufficient frontage to allow servicing of lots • detailed lot grading and drainage plans, and stormwater management report is required • as a condition of approval for future severance application, the applicant will be required to enter into a Development Agreement with the City Report PLN 23-13 December 2, 2013 Subject: Almont Homes (A 7/12) Page 5 3. Planning Analysis 3.1 The proposal complies with the density provisions and infill policies of the Pickering Official Plan The Official Plan designates the subject lands as "Urban Residential — Low Density Areas" within the Amberlea Neighbourhood. Lands within this designation are intended primarily for housing at a net residential density of up to and including 30 units per net hectare. The proposal to create four new lots, represents a net density of approximately 16 units per net hectare. The density falls within the permitted density range and is appropriate for an infill development in this area. Section 6.5 of the Official Plan states that City Council shall encourage infill development of vacant or underutilized blocks of land and the provision of •.compact housing form, having regard to housing type, architectural design and cost-effective development standards. The proposed development will result in an appropriate land use and a lotting pattern that is in keeping with the established lotting pattern within the neighbourhood. 3.2 Proposed lot frontages, building height, yard setbacks and lot coverage will ensure the character of the established residential neighbourhood will be protected The Official Plan recognizes that neighbourhoods are the backbone of the urban system within Pickering and that these neighbourhoods range in size, shape and • character. Section 2.9 of the Official Plan states that the City shall endeavour to maintain the different identities and character of its neighbourhoods as they evolve over time. The subject lands are located within an established residential neighbourhood consisting of detached dwellings. The Official Plan Section 3.9 (c) recognizes that in establishing performance standards, restrictions and provisions for Urban Residential Areas, particular regard shall be had to protecting and enhancing the character of established neighbourhoods, considering such matters as lot frontage, building height, yard setbacks, lot coverage, access to sunlight, parking provisions and traffic implications. The Official Plan Section 9.1 states that the City shall promote development at various scales which, through their adherence to principles of good, high quality community design, will produce built environments in Pickering that offer enjoyment, comfort and safety for all users, and evoke a desirable impact and sense of place for the City. The chart in Appendix II summarizes the existing Zoning By-law requirements and the recommended performance standards for lots along Rosebank Road and Broadoak Crescent. Generally the lot frontages in the immediate vicinity range between 12.0 metres and 16.3 metres (see Existing Lot Frontages Map, Attachment#5). Report PLN 23-13 December 2, 2013 Subject: Almont Homes (A 7/12) Page 6 The applicant is proposing two lots along Rosebank Road with a minimum lot frontage of 11.4 metres, which is slightly less than the minimum lot frontages along Rosebank Road. The two proposed lots along the extension of Broadoak Crescent will have a minimum lot frontage of 13.1 metres, which is consistent with the existing lot frontages along Broadoak Crescent. The applicant will also be maintaining the same building setbacks and similar lot coverage requirements as properties currently zoned "S1" and "S3" in the immediate neighbourhood. The existing "S1" and "S3" zones currently permit a maximum building height of 12 metres. City Development staff recommends restricting the maximum building height for the subject lands to 10.0 metres. This will ensure that the proposed detached dwellings will maintain similar building heights of existing dwellings within the immediate neighbourhood. The proposed lotting pattern and development standards will ensure an appropriate built form that is compatible with the established residential development along Rosebank Road and Broadoak Crescent. 3.4 Proposed grading will ensure that drainage from the development will not impact adjacent properties A concern that was raised by area residents was regarding the current drainage issues of residents abutting the subject property. Some residents are currently experiencing problems with the uncontrolled overland flow of stormwater from the subject lands onto these properties. Detailed grading plans will be required as a condition of final approval. These plans will be reviewed by City staff to ensure compliance with City standards. The required detailed grading plan for the development will ensure that drainage from the development will not impact adjacent properties. 3.5 The proposed lot pattern, housing siting and the extension of Broadoak . Crescent will require the removal of majority of the existing trees and cedar hedges Residents expressed concerns with the loss of trees from the subject lands. The City has a Tree Protection By-law (By-law Number 6108/03) that applies to areas designated as shorelines and stream corridors, wetlands and other significant environmental areas. The subject lands are not within the area regulated by the City's Tree Protection By-law. The applicant has prepared and submitted a Tree Inventory and Assessment Report, which surveyed and evaluated 21 trees on the subject lands and 3 trees on adjacent lands located on or near the property lines. The report found that the site contains many medium to large trees throughout and dense cedar hedges and associated saplings around the perimeter. Due to the proposed lotting, house siting and the extension of Broadoak Crescent the majority of the existing • Report PLN 23-13 December 2, 2013 Subject: Almont Homes (A 7/12) Page 7 trees, a total of 18 trees, and cedar hedges will be removed (see Applicant's Revised Plan with Building Siting, Attachment#4). The applicant has agreed to preserve three trees (one tree within the front yard of Lots 1 and 2, and one tree in the side yard of Lot 4) within the proposed development and three trees on or near the property lines. The applicant has advised that this may be reassessed once detailed lot grading is undertaken. Due to the proposed loss of the existing trees, the applicant has agreed to provide a financial contribution for off-site tree planting on publicly-owned lands. 3.6 The extension of Broadoak Crescent is appropriate and supported by Staff A number of residents residing along Broadoak Crescent expressed a concern with the extension of Broadoak Crescent and the removal of the temporary turning circles. The subject lands and the lands to the south, 1793 Rosebank Road, were not included in the original (1982) subdivision plan for Broadoak Crescent development. The subdivision plan was designed to allow for the eventual completion of Broadoak Crescent. Municipal services were oversized in the area for future development on the subject lands and the lands to the south. The extension of the Broadoak Crescent is supported by staff as it provides for the completion of the neighbourhood. 3.7 Other matters identified by area residents have been addressed by the applicant Area residents also identified other concerns with respect to the maintenance of the part lots, length of time of construction, future development opportunities for the abutting land owner to the south, and increased traffic and street safety. As noted early, the number of part lots has been reduced to one block. The applicant will retain ownership of this block and will be required to undertake regular maintenance of the block. The development agreement will also include provisions to ensure the part lot is maintained in accordance with the City's Property Standards By-law. The applicant has advised that the length of construction is approximately one year. Once the Broadoak Crescent extension is constructed, and all permits have been issued, the applicant will construct the four dwellings at the same time. The applicant will be required to submit a construction management plan, which addresses details of erosion and sedimentation control during construction; parking of construction vehicles; storage of construction and building materials; location of construction trailer; type and timing of construction fencing; and mud and dust control on all roads within and adjacent to the site. The primary construction access will be from Rosebank Road. Report PLN 23-13 December 2, 2013 Subject: Almont Homes (A 7/12) Page 8 The proposed part lot fronting the extension of Broadoak Crescent will be zoned as "S1" with a holding (H) symbol. The holding symbol will be removed by the City once the part lot is combined with adjacent lands to the south in order to create complete lots fronting onto Broadoak Crescent. This will ensure that lands to the south will not be precluded from future development opportunities. The City's Engineering & Public Works Department has advised that the proposed development will not introduce any additional traffic impacts on the existing streets and intersections. In addition, a municipal sidewalk will be installed along the west and south sides of the extension of Broakoak Crescent to provide a safe and accessible path for pedestrians. 3.8 Council's approval is required to permit the new lots to be created through land severance Section 15.26 (b) of the Pickering Official Plan requires that land capable of being divided into more than three additional lots be developed by a draft plan of subdivision, except where it is demonstrated to Council's satisfaction that a plan of subdivision is neither appropriate nor necessary in which case Council may authorize the development to proceed by land severance. When Council authorizes a development to proceed by land division, the City can require the owner to enter into one or more agreements respecting matters that would normally have been covered by a subdivision agreement. City Development staff is satisfied that a plan of subdivision is neither appropriate nor necessary since the subject lands represent a small infill development along an existing road network and there are existing services available along both Broadoak Crescent and Rosebank Road. The City will have the opportunity to provide comments and recommend conditions of severance to the Region of Durham Land Division Committee addressing development matters such as, but not limited to: • the requirement for a development agreement which will include provisions for the extension of Broadoak Crescent and the removal and restoration of the two existing temporary turning circles • the installation of service connections • an architectural design statement (to ensure the proposed housing design is in keeping with the character of the established neighbourhood) • an updated tree preservation plan considering proposed grades • compensation for the removal of trees • stormwater management report • preliminary lot grading and drainage plans • proposed driveway location and entrances • cash-in-lieu of parkland dedication taken as if the property was being developed by draft plan of subdivision (5% contribution) • securities and insurance, and • the authorization to proceed to land division Report PLN 23-13 December 2, 2013 Subject: Almont Homes (A 7/12) Page 9 • 3.9 Sustainability Implications have been reviewed Staff's review of the application against the City's Draft Sustainability Development Guidelines resulted in a score below the Level 1 standard. Given the small scope of the application, there is limited opportunity to achieve Level 1. The proposed development will utilize existing services along Rosebank Road and Broadoak Crescent. Further opportunities exist for the applicant to implement additional sustainable options through future development and building permit processes. 3.10 Zoning By-law to be finalized and forwarded to Council for enactment Staff support the rezoning application and recommends that the site specific implementing by-law containing the standards outlined on Appendix I, be brought before Council for enactment at a future Council meeting. The intent of the zoning by-law is to implement specific performance standards including minimum lot frontage, lot area, yard setbacks, lot coverage and maximum building height to ensure that the proposal complements existing built pattern such as form, height and position relative to the street and to facilitate dwelling design that would maintain the character of the existing neighbourhood. 4.0 Applicant's Comments The applicant is aware of the recommendations of this report. Appendix: Appendix I Recommended Conditions of Approval for Zoning By-law Amendment A 7/12 Appendix II Summary of Existing and Recommended Performance Standards Attachments: 1. Location Map 2. Applicant's Original Plan 3. Applicant's Revised Plan 4. Applicant's Revised Plan with Building Siting 5. Existing Lot Frontage Map Report PLN 23-13 December 2, 2013 Subject: Almont Homes (A 7/12) Page 10 Pre ared By: Approved/Endorsed By: , . i_____, . Ze7/7-- -;: , - Cristina Celebre, MCIP, RPP Catherine Rose, MCIP, RPP Senior Planner- Development Review Chief Planner & Heritage idA ' -.-...--77-2/1----74:e ,.........s. Nilesh Surti, MCIP, RPP Tom Melymuk, MCIP, RPP Manager, Development Review & Director, City Development Urban Design CC:Id Recommended for the consideration of Pickering City Council d,. is, zo13 Tony Prevedel, P.Eng. Chief Administrative Officer ilj Appendix Ito Report PLN 23-13 Recommended Conditions of Approval for Zoning By-law Amendment Application A 7/12 Recommended Conditions of Approval for Zoning By-law Amendment Application A 7/12 1. That the implementing zoning by-law permits the establishment of detached dwelling lots only in accordance with the following provisions: A. Lots fronting the extension of Broadoak Crescent— "S1" site specific zone a. minimum lot frontage of 13.0 metres b. minimum lot area of 400 square metres c. maximum building height of 10.0 metres d. minimum front yard depth of 4.5 metres to the house and 6.0 metres to the garage e. minimum rear yard depth of 7.5 metres f. minimum interior side yard width of 1.2 metres g. maximum lot coverage of 40 percent h. maximum projection of the garage from the front wall main containing the entrance to the dwelling shall not exceed 2.0 metres in length i. minimum one private garage per lot attached to the main building B. Part lot fronting the extension of Broadoak Crescent a. "S1" site specific zone, as above, subject to an (H) holding symbol to be removed once the lands are combined with land to the south to create complete lots C. Lots fronting Rosebank Road — "S3" site specific zone a. minimum lot frontage of 11.0 metres b. minimum lot area of 400 square metres c. maximum building height of 10.0 metres d. minimum front yard depth of 4.5 metres to the house and 6.0 metres to the garage e. minimum rear yard depth of 7.5 metres f. minimum interior side yard width of 1.2 metres g. maximum lot coverage of 40 percent h. maximum projection of the garage from the front wall containing the main entrance to the dwelling shall not exceed 2.0 metres in length i. minimum one private garage per lot attached to the main building Appendix II to Report PLN 23-13 Summary of Existing and Recommended Performance Standards U) a-') N U)) U) U) c 0 a) • N ° I 22 Co C E o c (E E E M a 0 O M 0 0 N 10 O Cl)•Q — +-' c- ti O Co 'C LO U) N ( al .c co ° 4 N C) o o Q U) Nom' a) .+- . -arc -a -a-) EE > a) O• -0 p N 4 ° aU o_ o a_ o a) ....al O NO 2 M C 16 -► U) U) U) U) o —O O 2 E ` ° =U O j en o a a +a a -a L a E 2 Co E E E Q- ° a 5 C C O O o N LO O O C N O U a d - O ca (B ii■ CD Co +0 2 *= a) Q) a) E 'a o 0 co ^ .5 � a) o acoo NC EE > a o -o C O N °• Q.O cu v O CL t13 o - OLD O (1) CO Co C W a) `/ o E L U) U) 8 a) a) L U) U) "5 O o 2 E 2 o70 t L) 2 ao o C a) O N 6- N N C O N N cr) a)33 _ E � E AU) ° E E Q- a a) ° ° o E ° � cn o C) a c N -0 0 �t N 0 E ti N 'Fo- al a) 2i N U) C O E O E a)r M ' E a) ° E �c cn a) O CZ -0 O C C a) E C •O C CO -a >Q U _ O B 0 13 p O o (l C J t co C N N 2 '2 0\° "- C j E 0 CT N 4) N a cn a) w o c) °co E o E E E E �� � � o N in o a) C o OC . 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' «rl M x4111 PROPERTY DESCRIPTION: Part of Lot 30, Concession 1 and Block 137, City Development Plan 40M-1418 DATE:Nov.5,2013 Data Sources: lig Teranet Enterprises Inc. and Its supplier.. All rights Reserved. Not a plan of survey. SCALE NTS PN-11 2013 MPAC and Its suppliers. All rights Reserved. Not o plan of Survey.