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Home My WebLink AboutPSD-068-03 , - Cl~-!lJglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16,2003 1)/4- GPA-d..70-0.3 PSD-068-03 File #: ZBA 2003-005 By-law #: aOO3-0?sb (X-ref: SPA 2003-008) Report #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: JOE DOMITROVIC ~ RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-068-D3 be received; 2. THAT the application submitted by Joe Domitrovic to remove the Holding (H) symbol be APPROVED; 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. vid Crome, M.C.I.P. R.P.P. Director, Planning Services RH/CP/DC/df 10 June 2003 RevieWedbY:U~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer Submitted by: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 607 '- REPORT NO.: PSD-068-03 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Applicant: Joe Domitrovic 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Agricultural Exception ((H)A-66) Zone" to "Agricultural Exception (A-66) Zone" to permit the existing automotive body shop. 1.3 Location: Part Lot 29, Concession 3, former Township of Darlington, 3872 Courtice Road. 2.0 BACKGROUND 2.1 On February 27, 2003, Staff received a request from Joe Domitrovic for the removal of the "Holding (H)" symbol from a property at the southwest corner Pebblestone Road and Courtice Road in Courtice. Attachment 1 shows the location of the property currently zoned "Holding-Agricultural Exception ((H)A-66) Zone". 2.2 Official Plan amendment and rezoning applications to permit the existing automotive body shop were approved by the Regional Municipality of Durham and Municipality of Clarington. These approvals created exception policies and zoning to permit continuance of the existing use, Although the approvals were all appealed to the Ontario Municipal Board in May 2001 for a consolidated hearing, the appeals were subsequently withdrawn by the appellant in May 2002. 2.3 In order to finalize the process, the applicant has submitted a rezoning application to remove the "Holding (H)" symbol. The applicant also submitted a site plan approval application (SPA 2003-008) on February 27, 2003 to finalize site plan matters. 608 ~. REPORT NO.: PSD-068-03 PAGE 3 3.0 STAFF COMMENTS 3.1 The subject property is presently zoned "Holding-Agricultural Exception ((H)A- 66) Zone", The provisions of the Official Plan allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the development will be adequately serviced, appropriate measures have been taken to protect the natural environment, appropriate measures will mitigate negative impacts, appropriate agreements have been executed and that the implementation of the Official Plan policies is satisfactory. 3.2 Site plan approval for the project was issued on June 1 0, 2003 subject to conditions including the conveyance of a road widening and the applicant entering into a site plan agreement with the Municipality. Since the site plan agreement will be finalized shortly, removal of the Holding symbol would permit the applicant to proceed with the existing use. 4.0 RECOMMENDATIONS 4.1 I n consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding (H) Symbol Interested parties to be notified of Council's decision: Joe Domitrovic 3872 Courtice Road Courtice, ON L 1 E 2L5 609 PEBBLESTONE ROAD (ROAO ALLOWANCe BeTWeeN CONCeSSIONS J d:- 4) ", "- ~ ~ ~ ~ "- \.-0'\ '< " it' '" ~ 'OS \i! "- >, 'l: ~ S\o'0- CSS CO~ Courtice Key Map PEBBLESTONE o C3 " ~ => I!' , 0' , . ,0,'" CElJAR ~63,14' 1.<f>" ,0,0,'" , ~ ~ > ~ ;0,"'- ..' or "cf' ~ oS'-q;:JPi- "ct... ,,~'\. 0\ ~ NE ~N(;;for ,0'''9. "'01' J r(~ o , /" . '],9 >------ .' -------------- " ~ - " o .' ; N ~ ~ ~~.; ~v ,0, FRAME 8UILDING GJf>..~ . ..' ~ . ~ ,0,-,"- ~ . , , ~ """,mKE . , ~ <,,1. ,"'.... 'e ,,' Wffi; ,d~ rg ,'~ ~~~ ti ~~i " .' 15S ~ ,......'" cC<<c,.. ~" - 163,17' w o " " => o 0,,>' twlllC . iJO';" 2....TRE(~~ '> .' :5--.TFtEE@' GP[::V ,. ,'-" ~ o .' l<...TFtEE~ ~.m o :.,," -,~ "~- ,; ! O@ , I ;@ ./( : '@ [: J,"" ~ @ Ig .- i 0 ) ~,,,,.,,,, <t~--, Ii ',r I , I;~ i .'<, -\o,"'-r I ""ICNENT . .." I ....j ~ I j, .' ~ ~ Ii " 0 . , 0 ~ " ..' @ II... , I~ ,0,'" ~ ,.' .'- <:1~\'" I~ I " , I~ I' I I r'" I~, j ,~~ I " I" <~;; ,C;."'I~ I ," " ,0,--," I /,,0 I ATTACHMENT 1 ;;; " t::::l '" ~ ~ ~ ~ ~ ~ ~ t3 ~ ~ ~ ~ ~ (5 ~ Cl ~ J ZBA 2003-005 Zoning By-law Amendment Owner: Joseph Domitrovic 610 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 2003-005 to permit the existing motor vehicle body shop; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-Agricultural Exception ((H)A-66) Zone" to "Agricultural Exception (A-66) Zone". 2. Schedule "N attached hereto shall form part of this By-law. 3, This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L, Barrie, Municipal Clerk 611 ATTACHMENT 2 - This is Schedule "An to By-law 2003- , passed this day of .2003 A.D. PEBBLESTONE ROAD 49.72 ,.-... ~ 0 I"') <( n 0 0 ()) a::: <( Z 0 N " '" w a::: 0 N ~ N N U ..J (f) Ol Ol I- (f) 0 <( -.J a::: z w :J 0 U 0 (.:l z u w 0 a::: U '-" 49.73 ~ ZONING CHANGE FROM "(H)A-66" TO "A-66" 0 10 20 30 'Om ~- , John Mutton, Mayor 20m15 10 5 0 Patti L Barrie, t.tunicipal Clerk LOT 31 LOT 30 LOT 29 LOT 28 ., PEBBLESTONE ROAD r<) Z 0 0 ~ ~ i/i (/) Q: W Q: () w Z U 0 ~ ~ () ::> ::> go u Courtice J 612