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Home My WebLink AboutPD-130-971/ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: GUDELJ.GPA REPORT General Purpose and Administration Committee File # �� c _U Meeting: Monday, September 22, 1997 Res. k _ S Date: C-)- Report #: PD- 130 -97 File #: DEV 97 -030 By -law # Subject: REZONING APPLICATION - APPLICANT: LOUIE (LUKA) GUDELJ PART LOT 23, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON 2020 HIGHWAY 2, BOWMANVILLE FILE,: DEV 97 -030 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 130 -97 be received; 2. THAT the application for amendment to Zoning By -law 84 -63, to permit the establishment of a home industry with outdoor storage be DENIED; 3. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: Louie (Luka) Gudelj 1.2 Applicant /Agent: (same as owner) 1.3 Rezoning: from "Agricultural (A)" to an appropriate zone to permit a home industry - the manufacture and sale of concrete lawn ornaments 1.4 Site Area: 1.00 hectares (2.47 acres) parcel of land (approximately), within a 9.96 hectare (24.61 acres) subject property. . >b REPORT NO. PD- 130 -97 PAGE ,2 1.5 Location: • by informal description - west of the intersection of Highway 2 and Rundle Road; • by municipal address - 2020 Highway 2, Bowmanville; • by legal description - Part Lot 23, Concession 2, former Township of Darlington. 2. BACKGROUND 2.1 On April 30, 1997, the Planning and Development Department received an application to amend Zoning By -law 84 -63 in order to permit a home industry - the manufacture and sale of concrete lawn ornaments. This application was submitted after the business was established and after a potential zoning by -law infraction was reported for investigation. The submission of this application is an attempt to rectify the illegality of the use. 2.2 A public meeting for the rezoning application was held on June 16, 1997. One (1) person spoke objecting to the application if it included home industry traffic accessing the subject property from Nash Road. One (1) person spoke on behalf of the application. He was a nearby neighbour who for a long time was not even aware of Mr. Gudelj's business and therefore, could not see it disturbing the neighbourhood. The applicant /property owner - Mr. Louie (Luka) Gudelj spoke in favour of the application noting the manufacturing of concrete lawn ornaments is nothing more than a hobby that is already in existence on the site. He stated his plan to retire from this hobby soon. He also said he applied for this rezoning because of a complaint from a competitor, not because of a complaint from a neighbour. When questioned about access from Nash Road, Mr. Gudelj advised the UJI REPORT NO. PD- 130 -97 PAGE 3 Committee that there would be no access from Nash Road, only from Highway Q There were two written submissions. One submission was from abutting landowners who said "we strongly oppose the zoning by -law amendment .... ". These landowners stated: "We feel that our property will be adversely affected by the proximity of the operation, due to the inherently concomitant creation of dust and other air pollutants, and the noise,.... ". The writers concluded saying: "It is our hope that, in your wisdom, you will take these serious matters into earnest consideration, before you decide to set a dangerous precedent." The other submission was made asking the Planning and Development Department to identify the writer's property (in relation to the applicant's property). This has been done and the writer has been placed on the interested parties list. The applicant has confirmed that the outside storage of materials and a commercial motor vehicle is essential for his operation to continue. 3. EXISTING AND SURROUNDING USES 3.1 The existing concrete lawn ornament business is located east of the principal building - Mr. Gudelj's residence. This area is accessed by a driveway from Highway 2. It is partially fenced -in and occupies approximately 12,240 sq. ft. or 20% of the area that is subject to the rezoning application. Staff notes there is also limited parking for customers away from this area near Mr. Gudelj's residence, just off the driveway from Highway 2 that leads to Mr. Gudelj's residence. There are two driveways on the property (see Attachment # 3). The business is fenced except on the east side where it abuts an existing residential dwelling. The southerly fence has a gate which is open during business hours 6A REPORT NO. PD- 130 -97 PAGE 4 and this allows a fairly wide view of the outside storage areas. Within the fenced - in area are the following outdoor storage uses: • products from the business on display • two areas for wooden molds /skids • area for scrap metal • parking area for one ton truck (used primarily for the business) • parking area for a small tractor • a peastone and sand pit The above storage uses are generally found next to the wooden fence (on the inside) thereby leaving the central portion of the fenced -in area open. A workshop accessory building is located at the westerly wooden fence. It primarily houses the concrete mixer and the wooden molds. 3.2 The surrounding land uses are as follows: North - Nash Road and beyond, vacant land; South - Highway 2 and beyond, rural residential; East - rural residential; and West - rural residential and vacant land. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is designated as Major Open Space. The proposal would conform if the business, in all its aspects (eg. size and scale of use, buildings, equipment and signage) maintains the principal use of the site as residential and is compatible with the surrounding land uses. Otherwise, the proposal does not conform. 4.2 Within the Clarington Official Plan, the subject property is designated as Green Space. According to this plan, limited home industries are allowed in all rural REPORT NO. PD- 130 -97 PAGE 5 areas, including the Green Space designation, subject to meeting certain conditions such as the prohibition of outside storage. The proposal does not conform as it includes the outside storage of both materials and commercial motor vehicles. 5. ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, the proposal area within the subject property is zoned "Agricultural (A) ". Home industries are not allowed in the "Agricultural (A)" zone and hence, the rezoning application. 6. AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. The Fire Department, the Regional Health Department and Ontario Hydro have no objection to the home industry proposal. Other comments received to date are as follows. 6.2 The Clarington Public Works Department - Engineering Division has no objection to the home industry proposal subject to the condition that no alterations are to be made on the existing site. 6.3 The Building Division of the above department has noted the applicant must comply with the Ontario Building Code. 6.4 The Regional Planning Department stated the proposal may be considered as an ancillary use to the existing residential use as long as the zoning by -law is structured to ensure: o/40 REPORT NO. PD- 130 -97 PAGE 6 • that the principal use of the site remains residential by limiting the size and scale of the proposed ancillary use, buildings, signage and machinery/ equipment used in the operation; and • that the proposed home industry is compatible with the surrounding land uses. Furthermore, the Region advised that the by -law amendment must not allow any opportunity for the proposed home industry to exist as a freestanding operation. No provincial interests appeared to be affected by this proposal and subject to the foregoing and the following paragraph related to Regional Works comments, the Region of Durham has no concern with the continued processing of this application. The subject lands abut Highway No. 2 which is now under Regional jurisdiction. The Works Department advises that at such time as site plan approval is required on the subject site, a road widening of approximately 1.0 metre will be required. As part of site plan approval the applicant must also identify which access will be used for commercial purposes. This access must then be constructed to provide for an inbound and outbound lane (min. 6.0 metre throat width and 7.5 metre turning curb radii). On the basis of the foregoing, the Regional Works Department had no objection to the further processing of the application. 7. STAFF COMMENTS 7.1 As noted within Section 4 of this report- "Official Plan Conformity ", a key element in evaluating the rezoning application to recognize the existing home industry use is found within the context of the Clarington Official Plan's definition of a "home industry ". A home industry is defined as.... "... a small scale industrial use such as furniture restoration, small engine repair, welding, crafts or producing value -added agricultural products such as cider, honey or wine, which is b4 REPORT NO. PD- 130 -97 PAGE 7 accessory to a single detached dwelling. It shall not include outside storage of materials or the storage of commercial motor vehicles. A home industry may be conducted in whole or in part in an accessory or farm building." The prohibition of outside storage of materials or commercial motor vehicles within the context of a home industry is intended to protect the integrity and aesthetics of the rural environment. 7.2 Similarly, the policies contained within the Regional Official Plan substantiate this principle by stipulating that any home industry must be compatible with surrounding land uses, by requiring that the principal use of the site remain residential through limiting the size and scale of the ancillary use, buildings, signage and machinery /equipment used in the operation. 7.3 The existing concrete ornament manufacture and sales business does not fall within the definition of "home industry" since it contains a significant amount of outside storage of materials and the outside storage of commercial motor vehicles (the one ton truck and the tractor). Despite fencing on three sides (or even all sides), it does not make the outdoor storage areas into indoor storage areas. The current operation has to some extent, an industrial character which is evident in its requirement for outdoor storage. 7.4 There is prominent signage on Highway 2 inviting the car driving public to the business and products can be ordered, sold and picked -up on the site. The current operation borders on being a retail operation. 42 REPORT NO. PD- 130 -97 PAGE 8 8. CONCLUSION 8.1 In consideration of the fact that the proposed rezoning does not conform to the Clarington Official Plan, it is respectfully recommended that the rezoning application be DENIED. Respectfully submitted, BR *LDT *FW *cc Reviewed by, W. H. tockwe I Chief Administrative Officer Attachment No. 1 - Subject Property Key Map Attachment No. 2 - Detailed led S�e LoecationpKey Map Attachment No. 3 - September 15, 1997 Interested parties to be notified of Council and Committee's decision: Mr. Louie (Luka) Gudelj 2020 Highway 2 Bowmanville, Ontario Li C 3K7 Dr. Iwan & Mrs. Anna Haluk 108 Durie Street Toronto, Ontario M6S 3G1 Mr. Ersio Amendola 36 Elizabeth Street Oshawa, Ontario L1 J 8H3 Mr. Maurice Verdun Collier Southbank, British Columbia VOJ 2P0 ATTACHMENT #1 SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 24 LOT 23 NA H ROAD N D Q Q 0 Z � � O N Ld Z J W U N Z O U y� �V #2 s DARLINGTON KEY MAP DEV. 97 -030 !1 ATTACHMENT M2 a 2•7 er;�e pk° "��N: ✓aY Ar4j les rHwY Np �,, , DEV. 97 -030 6 /15 I I � a � IW1I. •Y�•1.111• /1111 M1 {It1 11 n' 00'c aN-Od Yl 2^ i ^ h• i ' }}.K�• 1 NO • 1� O T GIY L O / wk2 L�✓ ' iNJr N! � 1 J71J7 �1 M 1•01 PART I 6 i 1� Y, .1•YII p x n•�y e n 7T7 1, yy I /NJf NI ¢ a 2•7 er;�e pk° "��N: ✓aY Ar4j les rHwY Np �,, , DEV. 97 -030 6 /15 I I � ATTACHMENT 03 �u�a delj Z02O ,�w �iZ oLo� 23� �3�1drNRsrvi i�et- r cz��ir� -r. �ro�orf� aata7`� ®EV. 97 -030 46