HomeMy WebLinkAboutPD-152-97DN: PD- 152.97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #`1 ,�t'>
Date: Monday, October 20, 1997 Res. # 1
Report #: PD- 152 -97 File #: ROPA 96 -016 & PLN 32.12.8 By -law #
Subject: INFORMATION REPORT REGARDING DURHAM REGION OFFICIAL PLAN
AMENDMENT APPLICATION BY JOE DOMITROVIC
PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
3872 COURTICE ROAD
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 152 -97 be received for information;
G N 0 0 E= T =TO7 : (rT :Z X I i 1111 1
1.1 Council at their September 29, 1997 meeting endorsed the following resolution:
"THAT the Planning Department review the entire Rezoning Application submitted
by Joe Domitrovic and submit an information report to the General Purpose and
Administration Committee."
This report summarizes the application and provides a chronology of events for
Council's information.
2. APPLICATION HISTORY
2.1 On September 27, 1996, Mr. Domitrovic submitted an application with the Durham
Region Planning Department to amend the Major Open Space policies of the
Durham Region Official Plan to legalize an existing automotive repair and
automotive body shop. The amendment to the Plan would be a site specific
exception for lands are located at 3872 Courtice Road, north of Courtice (See
Attachment #1).
REPORT PD-152-97 PAGE 5
2.2 During the Clarington Official Plan approval process, Mr. Domitrovic requested an
exemption from the land use restrictions of Section 14.5.1 which do not permit the
existing uses on the property. In approving the Clarington Official Plan, Durham
Regional Council deferred the land uses policies under Section 14.5.1 as they
relate to the subject lands (Deferral #35).
2.3 At the January 20, 1997 meeting, Committee considered Staff Report PD -12 -97
prepared by the Planning Department (See Attachment #2). Mr. Domitrovic
provided Committee with a petition indicating the support of surrounding
residents. Committee referred the report back to Staff to allow the petition to be
reviewed by Staff.
2.4 An addendum to PD -12 -97 was prepared for the Council meeting on February 10,
1997 indicating that the recommendations in PD -12 -97 be approved (See
Attachment #3). Council approved the following recommendations that:
• The Region of Durham Planning Department deny the Durham Region
Official Plan Amendment application; and
• The Region of Durham be requested to approve Section 14.5.1 of the
Clarington Official Plan as it applies to Deferral #35 (subject site).
2.5 The Durham Region Planning Department prepared a report recommending
denial of the application on March 18, 1997. An agent appeared on behalf of Mr.
Domitrovic to provide information supporting the application. On April 23, 1997,
Regional Council denied the Regional Official Plan amendment application
submitted by Mr. Domitrovic and approved Section 14.5.1 of the Clarington
Official Plan as it applies to the Deferral #35 (subject site).
2.6 On June 3, 1997, Mr. Domitrovic requested that the matter be referred to the
Ontario Municipal Board on the following basis:
l
REPORT PD-152-97 PAGE Ej
• There were a number of inaccuracies in the description of surrounding land
uses; and
• The range of uses permitted within the Green Space designation should
have been expanded during the Clarington Official Plan Review.
This request by Mr. Domitrovic constitutes Referral #8 to the Clarington Official
am
3. STAFF COMMENTS
3.1 It is Staff's impression that Council, in arriving at a recent decision to allow Mr.
Gudelj a temporary use zoning for a concrete ornament manufacturing business,
is concerned that such a decision is inconsistent with the decision for Mr.
Domitrovic and therefore directed Staff to review the Domitrovic application.
Although there are certain similarities between the applications, they are not
identical as there are distinct features to each application.
3.2 When planning issues are reviewed for reconsideration, there should be a
significant change in circumstances to prompt such an action. A review of the
Domitrovic application has not revealed any noticeable changes to warrant a
reversal to Staff's position. Nevertheless, the following information is presented
for Council's consideration:
• Mr. Domitrovic suggested that his property is surrounded by three waste
disposal sites and on that basis his application should be allowed to
proceed. Staff do not agree with this argument advanced by Mr.
Domitrovic for the following reason. These waste disposal sites are
designated as "Green Space" in the Clarington Official Plan which requires
them to be maintained, protected, restored, and used for recreational
activities that are compatible with the natural environment. The presence
PAGE 4
of abutting waste disposal sites does not justify any further degradation of
the lands and /or the environment.
• A petition signed by 16 residents opposing Mr. Domitrovic's application
was received from the Clerk's Department on October 7, 1997. They
oppose Mr. Domitrovic "operating a business in a residential area ", oppose
the property being "rezoned as a business" and also oppose "him being
granted a temporary rezoning ". They feel strongly that "the decision
Council made in the beginning of not allowing this property to be rezoned
was the right decision. This is a local residential area and will continue
to be residential community ". Staff understand that this petition was
included in the October 14, 1997 Council agenda.
3.3 The Durham Region Official Plan amendment application submitted by Mr.
Domitrovic has been dealt with by both the local and regional Councils. On each
occasion, the respective Councils have denied the application. As a result, Mr.
Domitrovic has appealed the decision to the Ontario Municipal Board. Once the
matter is before the OMB, Council should take no further action.
3.4 Should Council wish to reconsider its previous decision on the application, the
Clerk advised that the following steps must be undertaken.
• A motion to suspend the normal rules of procedure must be adopted by
a 3/4 majority vote.
• If this motion is carried, a motion to reconsider the decision to deny the
application must be adopted by a 2/3 majority vote.
• If this motion is carried, a new motion can be made to carry out whatever
action Council wishes to undertake. This will only require a majority vote..
It should be noted that the reconsideration may only be undertaken at Council as
Committee does not have the authority to overturn a Council decision.
REPORT NO.: PD-152-97 PAGE 5
3.5 If Committee and Council deem it appropriate to reconsider the decision and
recommend approval of Mr. Domitrovic's application, the applicant must then
request the Durham Region Council to reconsider its position as well. Should
Durham Region Council reconsider to approve the application, the applicant
would have to submit the appropriate applications to amend the Clarington
Official Plan and Zoning By -law 84 -63 to recognize the existing use of the
property. An application for site plan approval must also be submitted for
consideration.
Respectfully submitted,
Franklin Wu, R.P.P., M.C.I.P.
Director of Planning
and Development
RH *FW *jip
Reviewed by,
William Stockwell,
Chief Administrative
Officer
Attachment #1 - Key Map
Attachment #2 - Planning Report PD -12 -97
Attachment #3 - Addendum to Report PD -12 -97
ATTACHMENT #1
NASH R�OAb
COURTICE ROPA. 96-016
KEY MAP
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ATTACHMENT #2
DN:PD -12-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administrative Committee File #
Date: Monday, January 20, 1997
Res. #
Report #: PD -12 -97 File #: ROPA 96 -016 By -law #
Subject: AMENDMENT TO THE DURHAM REGION OFFICIAL PLAN
APPLICANT: JOE DOMITROVIC
PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON, 3872
COURTICE ROAD
FILE: ROPA 96 -016
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PDA 2 -97 be received;
2. THAT the Region of Durham Planning Department be advised that the Municipality
of Clarington recommends DENIAL of the Official Plan Amendment application to
the Durham Regional Official Plan (ROPA 96 -016) as submitted by Joe Domitrovic;
3. THAT the Region of Durham be requested to approve Section 14.5.1 of the
Clarington Official Plan as it applies to this subject site (Deferral #35);
4. THAT the Region of Durham Planning Department be forwarded a copy of this
report; and,
5. THAT the interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Joe Domitrovic
1.2 Agent: Same as above
1.3 Durham Region Official Plan Amendment:
To amend the Major Open Space policies on a site specific basis to legally
recognize an existing automotive repair and automotive body shop
1.4 Site Area:
0.53 hectares (1.31 acres)
`6
REPORT NO. PD -12 -97 PAGE 2
2. LOCATION
2.1 The subject lands together comprise a 0.53 hectare parcel at 3872 Courtice Road,
situated at the southwest corner of Courtice Road and Pebblestone Road (See
Attachment #1). The property in legal terms is known as Part Lot 29, Concession
3 in the former Township of Darlington.
3. BACKGROUND
3.1 As the existing uses are not permitted in the Durham Region Official Plan, Mr.
Domitrovic filed an application on September 27, 1996 with the Region of Durham
to amend the Official Plan. The purpose of the application is to amend the Major
Open Space policies to legally recognize the existing automotive repair and
automotive body shop. The amendment to the plan would be a site specific
exception.
3.2 According to the application, the current owner has operated this business for
approximately 8 years; however, the business has been operating illegally.
Neither the existing official plan policies nor the zoning by -law permit a
commercial use on the property. According to the site plan, the shop building is
approximately 1,000 sq. ft. in size and is located on the north half of the property
(Attachment #2). The shop building appears to encroach on the neighbouring
property to the west. A site inspection revealed a compound area attached to the
shop for the storage of automobiles. This area is enclosed by a 6 foot high
wooden fence. The applicant's residential dwelling is located on the south half
of the property.
3.3 During the official plan approval process, Mr. Domitrovic appeared in front of
Council requesting that his property be exempted from the land use restrictions
of Section 14.5.1 which do not permit the existing uses on the property. In
approving the Clarington Official Plan, Durham Regional Council deferred Section
14.5.1 which relates to permitted land uses within the Green Space designation.
T �i%
REPORT NO. PD -12 -97
As a result, this application was submitted for consideration.
PAGE 3
3.4 Originally, Mr. Domitrovic had submitted an application to amend the zoning by-
law. As the use did not conform with the Regional Official Plan or the Council-
adopted Clarington Official Plan policies, the application was closed.
3.5 A Public Meeting was held for the application at the Regional Planning Committee
on December 10, 1996. One letter of objection was received from an area
resident at the Public Meeting (See Attachment #3) which is summarized as
follows:
• The area surrounding subject lands is essentially agricultural and rural
residential. There are sufficient lands in the South Courtice Industrial Area
or Bowmanville zoned to accommodate these uses;
• Approving this application could set a precedent for approving other similar
uses along the north side of Pebblestone Road; and,
• Approving this application could have an adverse impact on surrounding
property values.
These concerns are addressed in the Staff Comments section of this report.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Residential dwelling on south half and automotive
repair and automotive body shop on north half
4.2 Surrounding Uses:
East: Vacant lands formerly used as a gravel pit
North: Rural residential and former gravel pit
West: Vacant lands formerly used for excavation
South: Rural residential, Mother Theresa Roman Catholic
Church, convent /day care, and Monsignor Leo Clary
separate elementary school
REPORT NO. PD -12 -97 PAGE 4
5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are
designated "Major Open Space ". The predominant use of such lands are for
conservation, recreation, reforestation, agriculture, and farm - related uses. Golf
courses may be permitted by amendment to the plan. As the existing uses are
not permitted, the applicant has applied to amend the Durham Region Official
Plan to legalize the existing operation.
5.2 Under the Municipality of Clarington Official Plan, the subject lands are
designated "Green Space These areas shall be used primarily for conservation
and active or passive recreational uses. Agriculture, farm - related` uses, home -
based occupations, and limited home industry uses are also permitted. Golf
courses may be permitted by amendment to the plan. The existing uses are not
currently permitted and would require a modification to the deferred policy
(Section 14.5.1) of the Clarington Official Plan.
5.3 The Clarington Official Plan also shows a "Waste Disposal Assessment Area"
symbols to the west, north and east of the subject lands. These sites have been
used previously for the disposal of various types of waste. The extent of the
waste area and the area of influence are unknown. However, the area of
influence, as defined by the Ministry of Environment and Energy shall be 500
metres from the waste disposal areas or unless otherwise determined by the
Ministry of Environment and Energy.
In order to protect public health and safety and ensure land use compatibility,
new development within a Waste Disposal Assessment Area or within the area of
influence will not be permitted unless the following conditions are fulfilled:
• written approval is received from the Ministry of Environment and Energy
indicating that the relevant legislation is satisfied;
b 9
REPORT NO. PD -12 -97 PAGE 5
• studies of gas, leachate, hydrogeology, and structural stability and safety
are completed which show that development can safely be constructed;
and,
• any problems identified in the study can be controlled to the satisfaction
of the Ministry of Environment and Energy.
No studies have been submitted by the applicant indicating that the subject lands
are not within the area of influence of these waste disposal sites.
5.4 Pebblestone Road forms the northern boundary of the subject lands. This road
has been designated a Type B arterial in the Durham and Clarington Official Plans
and will be extended to the Connecting Link between Highway 401 and the future
Highway 407, at which junction a full interchange is planned (see Attachment #1).
The body shop operation would not represent a desirable "gateway" for this
location.
6. ZONING BY -LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural (A) ". Uses permitted in the
zone include single detached dwellings, home occupations, cemeteries and
places of worship which existed prior to the date the zoning by -law was passed,
conservation and forestry, agriculture, wayside pits and quarries, private and
commercial kennels, fur farms, riding and boarding stables, public fairgrounds,
and seasonal farm produce sales outlets. As a result, the existing use does not
comply with the zoning by -law.
7. AGENCY COMMENTS
7.1 On a November 13` ", 1996 site inspection, the Clarington Fire have identified the
following concerns with the existing body shop operation:
• The amount of flammable and combustible liquids in the spraying area
shall not exceed one day's supply;
699001
REPORT NO. PD -12 -97 PAGE 6
Thinners and solvents shall only be dispensed from listed and labelled
safety cans;
• A minimum rated 2013C fire extinguisher must be installed; and,
• A fixed protection system must be installed in the spray - booth in
accordance with NFPA standards.
The applicant had 30 days from the inspection date to comply with these
requirements. Although the applicant intends to fulfil the requirements, the Fire
Department has indicated that these have not been fulfilled as of the writing of this
report.
7.2 The Clarington Public Works Department - Engineering Division has no objections
provided that the following conditions are satisfied:
• No additional changes or alterations must be made to the existing site. All
existing drainage patterns must be maintained in their present condition;
• The applicant must dedicate a 5.18 metre road widening along
Pebblestone Road, free and clear of all encumbrances, to the Municipality;
• The applicant must submit an application for property access in
conjunction with this proposal;
• The applicant is responsible for any costs necessary to facilitate the
construction of a commercial entrance from the subject property to
Pebblestone Road;
• The entrance to the subject property must be constructed to specified .
standard.
• A performance guarantee estimate for the commercial entrance
construction which forms a connection to the development is required.
The applicant's engineer is responsible for providing this estimate;
• All works and services must be designated to the requirements of the
Director of Public Works; and,
• The applicant must meet all the requirements of the Public Works
Department, financial and otherwise.
699UU2
REPORT NO. PD -12 -97 PACE 7
7.3 The Clarington Public Works Department - Parks Division has no objections
provided that the following conditions are satisfied:
• The applicant is required to provide a 2% cash -in -lieu of parkland
dedication, if not previously received, through the site plan approval
process. This dedication is based on a property appraisal, prepared by a
qualified appraiser at the applicant's expense, to be submitted to
Municipality for review; and,
• The applicant must submit a landscape plan prepared by a landscape
architect in conjunction with any future site plan approval.
7.4 The Municipality of Clarington Public Works Department - Building Division has
provided comments for this application. As the existing repair shop building
encroaches on the neighbouring property to the west, the spatial separation
under the Ontario Building Code between the building and the property line
cannot be met without demolishing part of the building or purchase of additional
lands. This would require the applicant to purchase additional property from the
landowner to the west.
7.5 The Durham Region Public Works Department indicated no objection to the
proposal subject to the following conditions:
• The development is being serviced by a private well and septic system.
Municipal services are not proposed to be extended to this area at this
time;
• Courtice Road has been designated as a Type A arterial in the Durham
Official Plan. The Courtice Road access to the repair shop building must
be closed. Adequate access, with some improvements, can be provided
from Pebblestone Road. The residential access from Courtice Road can
remain with no modifications; and,
• Pebblestone Road has been designated as a Type B arterial in the Durham
Official Plan. Clarington should request a 5.18 metre road widening along
Pebblestone Road.
6 99UU3
REPORT NO. PD -12 -97 PAGE 8
7.6 The Central Lake Ontario Conservation Authority has reviewed the application with
respect to environmental concerns and Environmental Impact Study requirements
for the proposal. Given the existing developed nature of the property, CLOCA
Staff do not foresee additional environmental impacts resulting from the
legalization of the existing use. Nevertheless, spills and leaks from on -site storage
of paints and thinners must be achieved within the material storage areas.
7.7 The Ministry of Municipal Affairs objects to the proposal on the following basis:
• The Ministry is concerned that approval of an urban use within a Major
Open Space area could set a precedent;
• Given the environmental sensitivity of the subject lands (groundwater
discharge /recharge), the nature of the existing use (storage of chemicals,
paints, solvents, oil /gas products), the lack of full municipal services, and
the illegal establishment of the use, approval of the application should not
proceed until a watershed study for the Farewell and Black Creeks have
been completed; and,
• The subject lands are within 500 metres of three landfill sites. Approval of
this application should assess the possible implications of the landfill sites.
8. STAFF COMMENTS
8.1 The lands are located in a rural area and designated Major Open Space. The
major open space system is a designation which maintains the natural, scenic,
and environmental functions of open space areas. Uses generally permitted
within an open space designation include conservation, recreation, reforestation,
agriculture, and farm - related uses. Only very limited uses are permitted. In
particular, residential uses are limited to those permitted by the Plan: country
residential, rural cluster, and existing lots of record. The current use of the land
is more suitable in an urban industrial area.
8.2 The surrounding area has developed primarily as a rural setting. Rural residential
uses exist to the north and south of the subject lands. A church, convent, day
6 99
REPORT NO. PD -12 -97 PAGE 9
care, and school have developed south of the lands. Lands to the east and west
are currently vacant. As the proposed uses generate customer traffic in the area,
noise, fumes, outside storage, it is considered not compatible with the uses in the
surrounding areas and not desirable in the rural area. The Clarington Official Plan
only permits automotive body shops and automotive repair shops within urban
location where they can also benefit from existing or future urban services.
8.3 The Clarington Official Plan permits processing, storage, repair, and service
stations within the General Industrial land use designation. A "motor vehicle
repair garage" and a "motor vehicle body shop" are permitted uses within areas
zoned "General Industrial (M2) ". Therefore, the existing uses should be relocated
within lands designated and zoned General Industrial.
There are sufficient lands available in South Courtice and Bowmanville industrial
areas to accommodate the relocation of this operation. By locating in these
areas, the site plan approval process would ensure that services are adequate to
handle waste materials and that building design incorporates proper building and
fire regulations for these uses. In addition, the municipality has consistently
directed inquiries for new businesses to industrial lands. Approving an illegal use
would be unfair to other operations which have established themselves in
accordance with the relevant planning, building, and fire requirements.
8.4 The existing uses are not considered a home industry within the Clarington
Official Plan for the following reasons:
• Home industry uses may be conducted in whole or in part in an accessory
building or farm building. The scale of automotive repair or automotive
body shop uses is much larger in scale compared to the permitted uses.
There may be noise and exhaust fumes emitted from the repair of engines
which could be problematic where residences are in close proximity. As
a result, these uses are not compatible with surrounding land uses;
699Uil`a5-
REPORT NO. PD -12 -97 PAGE 10
Processes and materials involved with automotive repair and automotive
body shop require sophisticated handling, storage, and ventilation
systems; and,
• Automotive repair and automotive body shop operations generally require
outdoor storage which can be controlled in commercial or industrial areas
through the zoning and site plan approval process. For this reason, open
storage is not permitted as part of a home industry.
8.5 The subject lands are located within the Farewell Creek watershed. Two referrals
to the Durham Region Official Plan, R1 and R39, were located immediately west
of the subject lands. In resolving these referrals, a policy was placed into the
Clarington Official Plan indicating that no development could proceed on these
lands until a Farewell /Black Creek watershed study was prepared. This would
form the basis for future development decisions and amendments to the Durham
and Clarington Official Plans.
At the time when these referrals were being resolved, there were no development
applications in the Major Open Space Areas. Although this policy does not
specifically apply to the subject lands, the Ministry of Municipal Affairs feels that
the watershed study requirement should apply to the subject lands because an
urban use is being requested within the major open space area. Staff concur with
this position.
8.6 Approving illegal uses on an individual basis could set a precedent throughout
the Municipality. Should this application be approved, there may be pressure to
approve similar piece -meal developments within other Major Open Space
designated lands throughout the Municipality. This could limit the effectiveness
of the official plan policies in prohibiting these uses from major open space areas.
8.7 The subject lands are within 500 metres of three former landfill areas. Any land
use approvals should examine possible impacts emanating from these landfill
699UU6
REPORT NO. PD -12 -97 PAGE 11
sites. No studies examining this issue have been submitted in support of this
application.
8.8 According to the survey attached to the application, the auto body shop
encroaches onto the neighbouring property. The applicant would be required to
meet Ontario Building Code fire separation requirements as well as the zoning by-
law requirements for accessory buildings. The applicant would have to purchase
additional lands from the abutting owner to legalize the building location or
demolish that portion of the building encroaching onto the adjacent property.
Alternatively, the applicant could be required to move the building to a suitable-
on-site location that would satisfy these requirements.
8.9 A number of additional applications would be required to legalize this operation.
These include an amendment to the Clarington Official Plan, a zoning by -law
amendment, site plan approval, and a boundary realignment through Land
Division Committee for the portion of the building encroaching on the
neighbouring property.
9. CONCLUSIONS
9.1 The previous discussion has highlighted numerous concerns which include the
following:
• approval of this application would set a precedent;
• the existing use is urban in nature and therefore not compatible with
surrounding uses;
• the existing uses could be accommodated on lands designated and zoned
for these purposes;
• as an alternative to redesignation, the use cannot be considered a home
industry;
6 99UUI
REPORT NO. PD -12 -97 PAGE 12
future reconstruction of Pebblestone Road could limit the effectiveness of
the commercial access to the site;
• the lands should be subject to the Farewell /Black Creek watershed study
to determine future uses; and,
• any approvals should examine possible impacts emanating from the
surrounding landfill sites.
Given the number of concerns with this application, Staff would respectfully
recommend that the application be DENIED.
9.2 In conjunction with the denial of the application, it is requested that Durham
Regional Council dispense with Deferral #35 and approve Section 14.5.1 of the
Clarington Official Plan as it relates to this application.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
RH *FW *km
6 JANUARY 1997
Reviewed by,
W.H. Stockwell,
Chief Administrative
Officer
Attachment #1 - Key Map
Attachment #2 - Site Plan
Attachment #3 - Correspondence from Marylynn Riseborough
Interested parties to be notified of Council and Committee's decision:
Joe Domitrovic Marylynn Riseborough
3872 Courtice Road 4193 Tooley Road
Courtice, Ontario Courtice, Ontario
L1E 21-5 L1E 1Z4
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ROPA. 96 -016 SITE PLAN
699010
Commissioner of Planning;
Box 623
Whitby, ON L1N 6A3
1996 02 12
4103 Tooley Rd.
Courtice, ON LIE l24
Attn. Richard azaxek, Planner
Re: File # OPA 96 -016
ATTACHMENT 3
DEC U 9 1996
MUK,IPALI;Y OFGU, i1PaGT0N
PLANNING DEPA111 r,4 1-Wr
In regards to the proposed amendment of this property also known as "Joe's Auto Body" I do
oppose this amendment. This area is basically agricultural and residential with two clusters of
housing within 1 km of this property. In Courtice there is an Industrial Park area just off of
Courtice road and Baseline both east and west only five minutes from present location so
relocation should not have any effect on present clieniele. Bowmanville also has a commercial
area zoned for this kind of business use. This is why we have commercial areas and are suppose
to be promoting the concept of business areas in the region,
I have been told by one councilor that this particular person has only been operating here for
eight years even though through the last 3 or 4 decades it has been operating. I would suggest
that the zoning should have been checked before he proceeded to operate,
I am also afraid that if rezoning is granted it will set a precedence for this particular area, and
those persons operating in the north side of Pebblestone Road will also be eventually granted
operating permits. Having commercial zoning or gxceptions could have a detrimental effect on
property values within it 2 ktn radius,
I would like to be notified if this amendment is adopted.
Regards,
Mary ynn Risebrough
CC Richard Holy, Pliumur
1111,3 TOvl< y
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699011
ATTACHMENT #3
DN:AD -PD -12.97 THE CORPORATION OF THEE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Council File #
Date:
Report #:
Monday, February 10, 1997
Addendum to
PD -12 -97 File #: ROPA 96 -016
Res. #
By -law #
Subject: AMENDMENT TO THE DURHAM REGION OFFICIAL PLAN
APPLICANT: JOE DOMITROVIC
PART LOT 29, CONCESSION 3, FORMER TWP. OF DARLINGTON
3872 COURTICE ROAD - FILE: ROPA 96 -016
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Addendum to Report PD -12 -97 be received for information;
2. THAT the recommendations contained in Report PD -12 -97 be approved;
3. THAT the Region of Durham Planning Department be forwarded a copy of this
report; and,
4. THAT the interested parties listed in this report and any delegation be advised of
Council's decision.
1. BACKGROUND
At its meeting held on Monday, January 27, 1997, Council resolved to refer Report
PD -12 -97 back to Staff to address the following issues:
• explanation regarding non - conforming uses;
• survey other municipalities within Durham Region to examine how they
deal with the issue of non- conforming uses; and,
• examine the petition from the applicant.
2. NON - CONFORMING USES
2.1 Non - conforming uses are defined by Lehman & Associates in The Zoninq
Dictionary as follows:
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ADDENDUM TO REPORT PD -12 -97 PAGE 2
"A lawful specific use made of land or a building or intended to be made of a
building lawfully under construction at the date of passage of a development
control resolution or the date of first publication of an official notice of a proposal
to pass a zoning by -law affecting such land or building."
2.2 In addition to the above definition, the Courts in dealing with the issue of legal
non - conforming, have held that in order for a property to enjoy a legal non-
conforming status, the use must be generally of a continuous nature.
2.3 With respect to the Domitrovic's property, the Municipality's current zoning by -law
(By -law 84 -63) was approved on September 10, 1984 while the previous zoning
by -law (By -law 2111 for the former Township of Darlington) was approved on
December 4, 1958. Both zoning by -laws placed the Domitrovic's property in an
"Agricultural Zone" which does not permit a motor vehicle repair garage or a
motor vehicle body shop. Therefore, these uses can only be considered legal
non - conforming if they predate both zoning by -laws and have generally
continued to operate since its establishment. To prove that this operation legally
existed and qualifies as a legal non - conforming use, the applicant must be able
to prove through sworn affidavits that these auto repair and auto body shop uses
existed prior to December 4, 1958 and generally continues throughout..
2.4 On January 30, 1997, Staff received the following information from Mr. Domitrovic:
0 A letter, from the applicant's real estate agent who had helped Mr.
Domitrovic to relocate in 1988, stated that the agent observed and
understood that the garage on the property was being used for automotive
repair. At that time, the yard contained several vehicles in various states
of repair.
• The applicant provided a series of 15 letters signed by 15 area residents
indicating that the business was in existence prior to 1984 and that
automotive repairs have been conducted since that time. The buildings
6990 3
ADDENDUM TO REPORT PD -12 -97 PAGE 3
have also been expanded since that time. Although this information may
indicate that the use existed prior to 1984, there is no proof that the current
uses existed prior to the passage of the former Township of Darlington
Zoning By -law on December 8, 1958.
3. NON - CONFORMING USE POLICIES IN ADJACENT MUNICIPALITIES
3.1 Legal Non - Conforming Uses
In Oshawa and Whitby, their official plans allow Council to zone for the
continuation, expansion, or enlargement of existing uses, or permit minor
variations to existing uses which do not conform with the Regional or local official
plans provided that such uses:
• create no adverse impacts to surrounding uses;
• comply with the Agricultural Code of Practice;
• have frontage on an open and maintained public highway; and,
• do not detrimentally impact the implementation of the official plan.
Ajax does not permit the continuation, expansion, or enlargement of uses which
do not conform with the Regional or local official plans. Should non - conforming
uses wish to expand, enlarge, or diversify, Council has decided that these uses
should relocate to appropriately designated areas.
Pickering permits non - conforming uses to continue, expand, or enlarge subject
to Committee of Adjustment approval. Should a change of use be proposed, a
rezoning application is required to be approved by Council.
3.2 Illegal Non - Conforming Uses
Area municipal official plans do not allow Council to permit illegal uses through
zoning by -law amendments. In all municipalities surveyed, illegal uses are only
identified through complaints with the by -law enforcement department. When an
illegal use is established, a property owner is required to cease operation.
Alternatively the owner may wish to submit appropriate regional /local official plan
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ADDENDUM TO REPORT PD -12 -97 PAGE 4
amendment, zoning by -law amendment, and site plan approval applications.
Each application is assessed on its own merits.
4. PETITION
4.1 The applicant provided a petition signed by residents within a one kilometre
radius of the subject lands who support the application. The petition was
circulated on or about May 8, 1996. The preamble to the petition reads as
follows:
"I/We, the general public and neighbours of Joe Domitrovic Autobody
(3872 Courtice Road) do not have a problem with his business operating
as it does. We are disappointed that a small business is being Forced to
Close due to the Government's inflexibility to change By- laws."
Staff have reviewed the petition and offer the following information:
• Number of properties within a one kilometre
radius of the subject lands 92
• Total number of properties within a one
kilometre radius where at least one person
signed petition 29 or 31.5%
• Total number of signatures in petition 40
• Total number of properties with one signature 19
• Total number of properties with two signatures 9
• Total number of properties with three signatures 1
• Total number of signatures generated outside
the one kilometre radius 2
A letter has been received by Staff from one individual who signed the petition
who now wishes to have her name removed because she does not wish to have
the subject lands rezoned for these commercial uses.
6 9' 1) i 5
ADDENDUM TO REPORT PD -12 -97 PAGE 5
5.1 The information contained in this addendum is as per the direction of Council.
The recommendations contained in Report PD -12 -97 remain unchanged.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
RH *FW *jip
Attachment #1 - Copy of Report PD -12 -97
February 4, 1997
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Joe Domitrovic
3872 Courtice Road
Courtice, Ontario
L1 E 21-5
Marylynn R'iseborough
4193 Tooley Road
Courtice, Ontario
L1 E 1Z4
699016