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Home My WebLink AboutPD-20-98 ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:DOMITROV.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #~~4 ~=~ ~ ~~• °Ql Date: Monday, February 16, 1998 Report #: PD-20-98 File #: DEV 98-001 Res. #G ~ ~ - qS ~ ~~ ~ By-law #. Subject: REZONING APPLICATION -MUNICIPALITY OF CLARINGTON PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON 3872 COURTICE ROAD FILE NO.: DEV 98-001 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-20-98 be received; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63 initiated by the Municipality of Clarington, on behalf of Mr. Joe Domitrovic, be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Application: 1.3 Site Area: Municipality of Clarington From "Agricultural (A) Zone" to an exception zone permitting the continuation of an existing autobody repair shop including related mechanical repairs for a period of up to three (3) years from the date of passage of the zoning by-law amendment 0.53 hectares (1.31 acres) j~1 REPORT NO.: PD-20-98 PAGE 2 2. LOCATION 2.1 The subject lands are located at the southwest corner of Courtice Road and Pebblestone Road north of Courtice being Part Lot 29, Concession 3 in the former Township of Darlington. The land is 0.53 hectares (1.31 ac) in size and is owned by Mr. Joe Domitrovic. 3. BACKGROUND 3.1 On January 12, 1998, the Council of the Municipality of Clarington directed Staff to initiate the process on behalf of Mr. Joe Domitrovic to amend the former Town of Newcastle Comprehensive Zoning By-Law 84-63. The purpose of the amendment is to change the current zoning from "Agricultural (A) Zone" to permit the continuation of an existing autobody repair shop including related mechanical repairs for a period of up to three (3) years from the date of passage of the zoning by-law amendment. This application is being considered as a temporary use by-law under Sections 34 and 39 of the Planning Act. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Residential dwelling on south half with existing autobody repair shop on north half of property. 4.2 Surrounding Uses: East - former gravel pit North - rural residential and former gravel pit West - vacant lands South - rural residential, place of worship, convent, day care, and elementary school 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the subject lands are designated ~~~ REPORT NO.: PD-20-98 PAGE 3 "Major Open Space". The predominant use of such lands is for conservation, recreation, reforestation, agriculture, and farm-related uses. 5.2 The Municipality of Clarington Official Plan designates the subject lands "Green Space". Predominant uses for these lands include conservation, active and passive recreational uses, agriculture, farm-related uses, home-based occupations, and limited home industry uses. The existing uses do not conform to the land use designations of both the Durham Region Official Plan and the Clarington Official Plan. 5.3 Section 23.4.4 of the Clarington Official Plan enables Council to approve a temporary use by-law to permit uses on a temporary basis for a period of up to three (3) years provided that the following criteria are fulfilled: • the proposed use is temporary in nature; • the proposed use is compatible with adjacent uses and has no adverse impacts; • there are no adverse impacts on the transportation system in the area; • the use can be removed and the site can be restored to its original condition; • the site can be adequately serviced; and, • the use does not impact the long-term implementation of this Plan. 6. ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Agricultural (A)". In order for a temporary use by-law to be considered, this rezoning process has been initiated by the Municipality. 620 REPORT NO.: PD-20-98 PAGE 4 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to requirements of the Planning Act, the required notice was mailed to each landowner within the prescribed distance. 7.2 As of the writing of this report, two general inquiries have been received regarding this application. 7.3 A letter has been received from Frances Scanga, the abutting landowner to the west, onto whose property Mr. Domitrovic's buildings have been encroaching. Prior to approval, she is seeking that the following condition be fulfilled: • all buildings encroaching onto her property from the Domitrovic lands be removed according to the by-law; • a fence be erected between the properties; • any wastes should be disposed of according to the law; • anew survey should be prepared to recognize that the encroachments no longer exist; and, • all required building permits be obtained. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. The Clarington Fire Department has no objections to the proposal. New guidelines require the owner to provide an on-site water supply of approximately 18,000 gallons that conforms with the Ontario Fire Marshall's Guidelines. The owner should retain an engineer to confirm these calculations. 8.2 The Clarington Public Works Department -Engineering Division has no objections to the application provided that the following conditions are fulfilled: • A 5.18 m road widening along Pebblestone Road must be dedicated to 62i REPORT NO.: PD-20-98 PAGE 5 the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. • No changes or alterations can be made to the grading and drainage patterns on the site. These must be maintained in their present condition. • The applicant will be required to satisfy all requirements of the Regional Municipality of Durham regarding existing entrances onto Regional Road 34 (Courtice Road). • The applicant is responsible for any costs necessary to facilitate the construction of a commercial entrance from the subject property to Pebblestone Road. 8.3 The Clarington Public Works Department -Building Division has no objections to the proposal. The following issues must be addressed prior to issuance of a building permit: • The building must be evaluated and upgraded for early warning and evacuation systems. An architect and/or professional engineer is required. • An appropriate fire extinguishing system. must be installed throughout the building in every room or space. • The west and south exposing building faces must be constructed of non-combustible construction (steel or concrete), clad with non- combustible cladding, and have a two hour fire resistance rating. - 622 REPORT NO.: PD-20-98 PAGE 6 • All walls located on the property line must be constructed as a fire wall (concrete block or poured concrete only) with a four hour fire resistance rating and a 0.9 metre parapet above the highest roof. • Afire access route is required to the principal entrance. 8.5 The Durham Regional Planning Department has indicated that the application to amend the Durham Region Official Plan was denied by Durham Regional Council on April 23, 1997 and that the owner had subsequently appealed the decision to the Ontario Municipal Board. 8.6 The Durham Regional Health Unit has no objections to the proposal. 8.7 Comments to the revised application are still outstanding from the following agencies: • Durham Regional Public Works Department • Central Lake Ontario Conservation 9. STAFF COMMENTS 9.1 To ensure that the conditions of approval of all public agencies will be implementable and enforceable, an agreement must be entered into between the owner and the Municipality prior to passage of a temporary use by-law. 9.2 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration the outstanding comments, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. - 623 REPORT NO.: PD-20-98 Respectfully submitted, ~= •, ~ Frariklin Wu, M.C.I.P., R.P.P. Director of Planning and Development RH*FW*df 5 February 1998 Attachment #1 -Key Map Attachment #2 -Proposed Site Plan PAGE 7 Reviewed by, W.H. Stockwel Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Joe Domitrovic 3872 Courtice Road N. Courtice, Ontario Li E 2L5 Francis Scanga and Nick Groe 43 Waverly Street North Oshawa, Ontario LiJ 8H2 Irving Gleiberman Suite 208 50 McIntosh Drive Markham, Ontario L3R 9T3 Marylynn Riseborough 4193 Tooley Road Courtice, Ontario L1 E 1 Z4 Bernice and Walter Petryshyn 1671 Taunton Road East Hampton, Ontario LOB iJ0 Mr. Glen Elliott Elliot & Hughes 106 Stevenson Road South Oshawa, Ontario L1J 5M1 Florence Carnochan 1742 Pebblestone Road Courtice, Ontario Li C 3K4 Kerry Meydam 3828 Trulls Road Courtice, Ontario Li E 2L3 - 624 REPORT NO.: PD-20-98 Linda Gasser P.O. Box 399 Orono, Ontario LOB 1 MO Ivan and Tebla Perun R.R. #1 Hampton, Ontario LOB 1J0 t~~~ PAGE 8 ATTACHMENT N1 ~~'/l~ SUBJECT SITE LOT 30 LOT 29 LOT 28 LOT 27 PE LESTON OAD (Unopened R ad) ~i ~ ~ ~ ' I ~ I ~ 'I J ~ ~ ~~ 'I ', COURTICE KEY MAP DEV. 98-04~ Q O ~ ~ Q O Z ~O '____ ~ U ~ ~_ ow Q Z ~= O ~~ ~ - ~ -- % ~~ - =- _ i r_~ ~ i ~ -- i' ~_ ~ NAS H R~ --~~t 626 ATTACHMENT N2 PEBBLESTONE /GOAD BROAD ALCOISrANCE BETWEEN CONCESS/ONS J c4 4f rt[ wnxe a~ cor~x mgt . `.~P ~ W Q RD6 29^/~ ~ a9rtxr s.Jtir-~ Al1G 29Y~ p~. sHm zi'w- Q W 8 3 G~SS\pN ~pN ~o ,,r' 213 r" 2° ~~ _~~ ~• aurri o9u ~M , 0 ~ xi'. ruc° N~ 0 ~ iSIME ~~ OPEN ~. •s'~ ~ g' 0 ,~. ~ o o ~ }{Y iNEE FM1Fl !s~ PPK Z~ N O 'O '\ P? ~ 'v V Q ~' 0 V v ~' e J~ O ar ,, a 70 c 1 ` ' ~ s" 1 i ~ N DEV. 98-001 SITE PLAN 627