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Home My WebLink AboutPD-020-01 ~"... ...~ . , .,. -r . . _'}..DN'~l THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT PUBLIC MEETING Date: Monday, March 5,2001 File #))/126/tZoo;-eX:f5 Res. #!v'l11-/t-/5 -6 I Meeting: General Purpose and Administration Committee Report #: PD-020-0l FILE #: COPA 2001-001; ZBA200l-003 By-law # Subject: CLARlNGTON OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION APPLICANT: JOE DOMITROVIC PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON 3872 COURTICE ROAD FILE NO.'S: COPA 2000-001; ZBA 2001-003 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD-020-0l be received; 2. THAT the Clarington Official Plan amendment and rezoning application as submitted by Joe Domitrovic be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; 3 . THAT all 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 Official Plan Amendment: To amend the "Green Space" land use designation to permit the existing automotive repair and automotive body shop. 1.3 Rezoning: To rezone the subject lands from "Agricultural (A) Zone" to permit the existing automotive repair and automotive body shop. 1.4 Site Area: 0.5 3 hectares (1. 31 acres) 601 , c ~"'~' t7 . REPORT NO.: PD-020-01 PAGE 2 2. LOCATION 2.1 The subject lands are located on the southwest comer of Courtice Road and Pebblestone Road north of Court ice (see Attachment 1). The applicant's 0.53 hectare (1.31 acres) land holdings are located within Part Lot 29, Concession 3, in the former Township of Darlington at 3872 Courtice Road. 3. BACKGROUND 3.1 On January 23,2001, Joe Domitrovic submitted an application to amend the Clarington Official Plan (COPA 2001-001) and a rezoning application (ZBA 2001-003). The purpose of these applications is to permit the existing automotive repair and automotive body shop (see Attachment 2). 3.2 On October 18,2000, Durham Regional Council adopted Amendment #68 to the Durham Regional Official Plan which permits the applicant's existing automotive repair and automotive body shop. On November 2, 2000, this amendment was appealed to the Ontario Municipal Board. The Board has directed the applicant to submit the Clarington Official Plan Amendment and rezoning application in order that these may be referred to the Board for a consolidated hearing. A hearing date has not been set for this matter. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site currently contains an existing automotive repair and automotive body shop as well as the applicant's dwelling. The majority of the property is currently grass. The property slopes gently upwards near Pebblestone Road. 4.2 Surrounding Uses: East North - West - South - former gravel pit rural residential and former gravel pit vacant lands rural residential, place of worship, convent, day care, and elementary school 602 --;. '-_ !b- t REPORT NO.: PD-02o-Ol PAGE 3 5. OFFICIAL PLAN POLICIES 5.1 The lands are designated "Major Open Space" within the Durham Region Official Plan. Permitted uses include conservation, recreation, reforestation, agriculture, and farm- related uses. Amendment #68 as considered by Durham Regional Council would permit the existing automotive repair and automotive body shop. The Ontario Municipal Board will determine the merits of Amendment #68. 5.2 Within the Clarington Official Plan, the property is designated "Green Space", which permits conservation, active and passive recreational uses, agriculture, farm-related uses, home-based occupations and limited home industries. As the existing use does not conform to the Official Plan, an application to amend the Plan has been submitted for consideration. A copy of the proposed official plan amendment is contained in Attachment 3. 6. ZONING BY-LAW CONFORMITY 6.1 The lands subject to the application are currently zoned "Agricultural (A) Zone", which does not permit the existing automotive repair and automotive body shop. As a result, a rezoning application was submitted for consideration. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the lands. 7.2 No general inquiries have been received on the applications to date. 8. AGENCY COMMENTS 8.1 The Durham Region Health Department has no objections to the application. 8.2 The Clarington Public Works Department has no objections to the proposal provided that following conditions are fulfilled:W 603 " ~-........': {!r' REPORT NO.: PD-020-01 PAGE 4 . A 5.18 metre road widening on Pebblestone Road must be dedicated to the Municipality free and clear of all encumbrances. . No changes to the existing site drainage patterns are permitted. . The applicant shall fulfil all Regional entrance requirements. . The applicant shall construct the entrance on Pebblestone Road to a commercial standard and provide appropriate securities for the works. . An appropriate cash-in-lieu of parkland contribution is required. 8.3 Comments have not been received from the following agencies. . Clarington Fire Department . Clarington Building Division . Durham Region Planning Department . Durham Region Public Works Department . Central Lake Ontario Conservation . Hydro One Networks Inc. 9. CONCLUSIONS 9.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. 604 ;"--''''': ',' ~, REPORT NO.: PD-020-01 PAGE 5 Respectfully submitted, Reviewed by, cJ~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. Davi J rome, M.C.I.P., R.P.P. Director of Planning & Development RH*L T*DC*df Attachment 1 - Key Map Attachment 2 - Site Plan Attachment 3 - Proposed Amendment to the Clarington Official Plan Interested parties to be notified of Council and Committee's decision: Joe Domitrovic 3872 Courtice Road COURTICE, Ontario Ll E 2L5 Walter and Bernice Petryshyn 1671 Taunton Road East HAMPTON, Ontario LOB UO Shan Jain Barrister, Solicitor and Notary Public 215 Simcoe Street North, Suite 2 OSHA W A, Ontario LlG4Tl 605 \, '"". ~'- ,~ ATTACHMENT 1 _ SUBJECT SITE --I LOT 30 LOT 29 PEBBLESTONE ROAD 0 I"') ~ Z 0 0:: 0 <( - 0 <( en 0:: z en ~ w " () ...J W Z ::> 0:: 0 0:: '-' I- () 0 ~ 0:: ~ COURTICE KEY MAP COPA 2001-001 ZBA 2001-003 I 606 '. ~_~. '.J. PEBBLESTONF (ROAD ALLOWANCE BEIWEEN CONCESSIONS J &- 4) ROAD " 0' , ,0' " .. " , ~ , , ~ ! ~ ,.' ~ ~ ~ ~ '<' " .... \,0\ ~ '<: 2l:: ~ ~ ~ .... '-. Cl:: ~ S\o~ co~c'Ss J,lf o ,." . N o ~ :, ~ . . , ~ , 'l .~",.... 2~ ~. ~ ,..'\.~ (OHe .... "'u. - o 0' , . OJ''' CEllAii' ~l6314 ," ,', " ...:'1 .,::i':)":' Iv...q , F"RAME BUllOIr.G . ,.' ~ ,0,.,'" .........ma ..- ~2~ ~ "'l: -::;- or ,\<.>0 <p V,.oolJ6 ,\~~,.Y o,~'" 0 \<1' H(lJCE N, 4~r tY ,0f?9- CO'>' J ,.' of'S'" '19 ------------- "-'''> ,Go.,' ~ ~ . .0 ].'.r~H~ " .' ";-'I'l((fi:;' ,- , " .' OPEN o' ..' " .' ~ 24"TlI((~"'''O """" o ',,,," 16317' .' ROPA 99-013 ATTACHMENT 1/2 P,l/I<4/l"NT ~ ~ ,,,,~ ~ ,.' . . , o!'.,. ., ,"> ,,,," , .." ~ I ~ " /~ , " j~ ~ /,," , . ~ ,o,~ ~ 9;'0 ~ '" ~ (' 'ol:! ~ ~ , ~ " . 'V ~ '" , I " ,\~ I S3~ 'a I' I " ., ~~ .' '" " @ ( ~ ~ t! -@ " ~ .It ~ l'@ ~ ~ '" , . " '@ ,,' " " ~ g ~ @ 9::~ '" ;S~ . ~...",,, ~ ". {q" , ..' 0 ,.' I MIl.(" . ,~ ""'''' ...4.Pl(11r(( . ,of 607 . .,,-,...::' PURPOSE: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: ATTACHMENT 3 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN The purpose of the Amendment is to legally recognize an existing automotive repair and automotive body shop on a 0.5 hectare parcel of land at 3872 Courtice Road in Courtice, The Amendment is based on an application submitted by Joe Domitrovic. The Clarington Official Plan is hereby amended as follows: i) By adding the following section: "14.5.3 Notwithstanding Section 14.5.1, a 0.5 hectare parcel of land located within Part of Lot 29, Concession 3, former Township of Darlington, shall only be used for the purposes of an automotive repair and automotive body shop and personal residence." The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. 6"'8