HomeMy WebLinkAboutPD-033-01
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'THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting:
General Purpose and Administration Committee
File # 7)/f,Z/JI1")t/::?/--aJ3
Res. #0/;l-;Jw-{) I
Date:
Monday, April 9, 2001
Report #:
PD-033-0l
FILE#: COPA200l-001
and ZBA 2001-003
By-law #
Subject
CLARlNGTON OFFICIAL PLAN AMENDMENT AND REZONING
APPLICATIONS
APPLICANT: JOE DOMITROVIC
PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF
DARLINGTON, 3872 COURTICE ROAD
FILES: COPA 2001-001 & ZBA 2001-003
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-033-01 be received;
2. THAT in accordance with Council's direction and resolution #GPA-278-00:
a) Amendment #23 to the Clarington Official Plan as submitted by Joe Domitrovic
to permit the existing automotive body shop as shown on Attachment 3 be
APPROVED;
b) the necessary by-law to adopt Amendment #23 be passed and that Amendment
#23 to the Clarington Official Plan be forwarded to the Regional Municipality of
Durham and Ontario Municipal Board for APPROVAL; and
c) the rezoning application as submitted by Joe Domitrovic to amend Zoning By-
law 84-63, to permit the existing automotive body shop be APPROVED and that
the appropriate by-law be passed as shown on Attachment 4.
2. THAT the Ontario Municipal Board and Region of Durham Planning Department be
forwarded a copy ofthis report; and,
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
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REPORT NO.: PD-033-01
PAGE 2
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 body shop.
1.3
Rezoning:
To rezone the subject lands from "Agricultural (A) Zone" to permit the
existing automotive body shop.
1.4
Site Area:
0.53 hectares (1.31 acres)
2. LOCATION
2.1 The subject lands are located on the southeast corner of Courtice Road and Pebblestone
Road north of Courtice (See Attachment 1). The applicant's 0.53 hectare (1.31 ac) land
holdings are located within Part Lot 29, Concession 3, in the former Township of
Darlington at 3872 Courtice Road.
3. BACKGROUND
3.1 This property has been the subject of several development applications dating back to
1996. Staff provided comments on an application to amend to the Durham Regional
Official Plan (ROPA 99-013) submitted by Joe Domitrovic. In the June 19,2000 report
to the General Purpose and Administration Committee, Staff recommended that Council
forward a recommendation of denial to the Durham Regional Planning Department. The
reasons for the recommendation have been documented in previous planning reports
prepared by this Department.
3.2 On June 27,2000, Council, endorsed the following recommendations:
"THAT the Region of Durham Planning Department be advised that the Municipality of
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REPORT NO.: PD-033-01
PAGE 3
Clarington recommends approval of the application to amend the Durham Regional
Official plan (ROPA 99-013) as submitted by Joe Domitrovic provided he meets all of
the municipal requirements;"
"THAT the Rezoning and Clarington Official Plan amendment process be initiated".
3.3 On October 18, 2000, Durham Regional Council adopted Amendment #70 to the Durham
Regional Official Plan, which permits the applicant's existing 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 related Clarington Official Plan
Amendment and rezoning applications in order that these may be referred to the Board
for a consolidated hearing. A hearing date has not been set for this matter.
3.4 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 body shop (See
Attachment 2),
3.5 Gibson & Associates prepared a Phase I and Partial Phase II Enviromnental Site
Assessment on behalf of the applicant as a requirement for the application to amend the
Durham Regional Official Plan (ROPA 99-013). The report made the following
conclusions.
.
Given the past agricultural and residential land use prior to 1990, available historical
site information indicates no on- or off-site enviromnental concerns.
.
There are no on-site discharges generated that would cause an enviromnental concern.
.
There may be an enviromnental concern with respect to solid waste handing and
storage, mainly within the open exterior and fenced area for auto parts storage.
.
The native on-site soils consist of free-draining and permeable silty sand to a
minimum depth of 10 metres. The shallow groundwater table occurs below a depth
of2.7 m to 3.0 m. Shallow groundwater has been demonstrated to flow from east to
west.
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REPORT NO.: PD-033-01
PAGE 4
.
A former gravel pit (Petryshyn #2) to the immediately to the west was abandoned in
the late 1960's. This site is situated down-gradient of shallow groundwater flow from
the subject lands. Available information indicates that the fill is relatively inert.
Therefore, these lands are interpreted to be of no significant environmental concern.
.
Three probes were excavated to determine the level of on-site contamination. The
samples were sent to a laboratory for testing and analysis of the 40 most common
volatile organic compounds (VOC). The test results revealed that all VOC levels
were below method detection limits. The results also indicated that on-site soil tests
were substantially below the required soil remediation criteria established by the
Ministry of Environment in Ontario.
.
The probability of soil contamination below the concrete floor slab is interpreted to be
insignificant, considering the concrete apron at the front of the body shop, the free-
draining sandy soils and the depth ofthe groundwater table.
The report appears to indicate that the operation has not caused any significant
environmental impacts. The concern raised about the outside storage should be
addressed. The Durham Regional Planning Department has requested that a Record of
Site Condition (RSC) be provided by the applicant certifYing that the site is clean.
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The site currently contains an existing 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: 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
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REPORT NO.: PD-033-01
PAGE 5
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 #70, as approved by Durham Regional Council, is an exception
that permits the existing automotive body shop. This Amendment is before the Ontario
Municipal Board.
5.2 The Clarington Official Plan, designates the property as "Green Space". Agriculture,
farm-related uses, conservation, active and passive recreational uses, home-based
occupations and limited home industries are permitted in this designation. As the
existing use does not conform to the Official Plan, an application to amend the Plan has
been submitted for consideration.
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 body shop. As a result, a rezoning application
was submitted for consideration.
7. PUBLIC SUBMISSIONS
7.1 A Public Meeting was held on March 5, 2001 for these applications at which no one
spoke in favour of or in opposition to the proposal. The applicant answered Committee's
questions.
7.2 A petition in opposition to these applications was submitted by Bernice Petryshyn on
March 5, 2001 containing the following wording:
"I am writing to express my concern over amending the Durham Regional Official Plan
and Zoning By-law Amendment to allow this autobody shop to continue in this
residential/agricultural area.
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REPORT NO.: PD-033-01
PAGE 6
This is a small local community and we do not want an autobody shop located in our
backyard. "
This petition was signed by 14 residents.
. 7.3 Mr. Domitrovic has also submitted several large petitions in the past indicating public
support for the application.
a) On May 8, 1996 a petition was submitted by Mr. Domitrovic for the original
application (ROPA 96-016) with the following wording:
"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."
This petition was signed by 37 area residents.
b) A further petition, with similar wording as above, was circulated in support of this
application that received 2,019 signatures.
7.4 A variety of area residents have supported or opposed the application on an individual
basis in the past.
8. AGENCY COMMENTS
8.1 The Fire Department and Durham Region Health Department have no objections to the
application.
8.2 The Clarington Building Division noted if the applicant can prove that the building has
been used as an automotive body shop or an automotive repair shop prior to July I, 1993,
no upgrades will be required. If the building had been converted to the automotive body
shop or an automotive repair shop on or after July 1, 1993, a "Change of Use" Permit and
compliance with Part 10 of the Ontario Building Code will be required.
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REPORT NO.: PD-033-01
PAGE 7
8.3 The Clarington Public Works Department offered no objections to the proposal provided
that following conditions are fulfilled:
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.
8.4 Durham Region Public Works Department offered no objections to the proposal provided
that following conditions are fulfilled:
.
A 5.18 metre road widening on Pebblestone Road must be dedicated to the
Municipality free and clear of all encumbrances.
.
Access from Courtice Road only be permitted to the residential use on the subject
lands.
8.5 Central Lake Ontario Conservation has no objections to the approval of these
applications. Authority staff do not anticipate the legalization of the existing use to result
in any additional enviromnental impacts.
8.6 Comments have not been received from Hydro One Networks Inc.
9. COMMENTS
9.1 Council is aware that Plauning Staff continue to oppose the recognition of the existing
autobody repair use. Staff's rational is reviewed in Sections 9.2 to 9.6 below.
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REPORT NO.: PD-033-01
PAGE 8
9.2 The lands are located in a rural area and designated Green Space. Uses generally
permitted within an open space desiguation 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.
9.3 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 care, and school
have developed south of the lands. Lands to the east and west are currently vacant. The
nature of the proposed use is not considered compatible with the uses in the surrounding
areas and not desirable in the rural area. The Clarington Official Plan only permits
automotive body shops within urban locations where they can also benefit from existing
or future urban services.
9.4 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.
Approving an illegal use would be unfair to other operations which have established
themselves in accordance with the relevant planning, building, and fire requirements.
9.5 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 desiguated lands
throughout the Municipality. This could limit the effectiveness of the Official Plan
policies in prohibiting these uses from major open space areas.
9.6 Pebblestone Road forms the northern boundary of the subject lands. This road has been
desiguated a Type 'B" arterial in the Durham and Clarington Official Plans and will be
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REPORT NO.: PD-033-01
PAGE 9
extended to the Connecting Link between Highway 401 and the future Highway 407, at
which junction a full interchange is planned (see Attachment I). The body shop
operation would not represent a desirable" gateway" for this location.
9.7 The attached documents implement Council's direction to recognIze the existing
autobody shop. It is recommended that the zoning have a holding symbol that would be
lifted at such time as the applicant enters into a site plan agreement to the satisfaction of
the Municipality. The total floor area of the autobody shop is limited to 120 sq. m. and
outside storage is limited to 200 sq. m.
10. CONCLUSIONS
10.1 In accordance with Council's direction and Resolution #GP A-278-00, the proposed
Amendment #23 to the Clarington Official Plan and Zoning By-law Amendment are
attached for Council's consideration.
Respectfully submitted,
Reviewed by,
O~-1~
Franklin Wu, M.C.LP., RP.P.
Chief Administrative Officer
David. rome, M.C.I.P., RP.P.
Director of Planning & Development
RH*DJC*df
3 April 2001
Attachment I - Key Map
Attachment 2 - Site Plan
Attachment 3 - Proposed Amendment #23 to the Clarington Official Plan
Attachment 4 " Zoning By-law Amendment
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REPORT NO.: PD-033-01
PAGE 10
Interested parties to be notified of Council and Committee's decision:
Joe Domitrovic
3872 Courtice Road
Courtice, Ontario
LIE 2L5
John Warrington
20 Lyndale Crescent
Courtice, Ontario
LIE lW2
Walter and Bernice Petryshyn
1671 Taunton Road East
Hampton, Ontario
LOB IJO
Susan Simmons and Greg Bone
5 Stuart Road
Courtice, Ontario
LIE lZI
Shan Jain
Barrister, Solicitor, and Notary Public
215 Simcoe Street North
Suite 2
Oshawa, Ontario
LlG 4T1
John Loeffen
1625 Taunton Road East
Hampton, Ontario
LOB IJO
Henry Nass
4780 Old Scugog Road
RR #1
Bowrrianville, Ontario
LlC 3K2
Robert Hachey and Florence Camochan
1742 Pebblestone Road
Courtice, Ontario
LlC 3K4
Tom Langmaid
1696 Pebblestone Road
Courtice, Ontario
LIE 2L4
Robin Reddick
8 Mallory Street
Courtice, Ontario
LlE2B4
John Thornton
1703 Pebblestone Road
Courtice, Ontario
LlC 3K4
Michael Petryshyn
1704 Pebblestone Road
Courtice, Ontario
LlC 3K4
Marylynn Riseborough
4193 Tooley Road
Courtice, Ontario
LIE lZ4
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_ RESIDENTIAL DWELLING
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PURPOSE:
BASIS:
ATTACHMEINT 3
AMENDMENT NO. 23
TO THE CLARINGTON OFFICIAL PLAN
The purpose of the Amendment is to legally recognize an existing
automotive body shop on a 0.5 hectare parcel ofland at 3872
Courtice Road in Courtice.
The Amendment is based on an application submitted by Joe
Domitrovic.
ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows:
IMPLEMENTATION:
INTERPRETATION:
i) By adding the following section:
"14.5.3 Notwithstanding Section 14.5.1, a 0.5 hectare parcel
ofland located within Part of Lot 29, Concession 3;
former Township of Darlington as identified by
Assessment Roll Number 18-17-0 I 0-090-
139000000, may also be used for the purposes of
an existing automotive body shop."
The provisions set forth in the Claringtou 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.
635
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THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
BY.LAW NUMBER 2001.
ATTACHMENT 4
being a By~Law to amend By-Law 84-63, the Comprehensive By-Law for the Corporation of the
Municipality of CIa ring ton.
WHEREAS the COlmcil 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 in accordance with
application ZBA 2001-003 to legalize the existing motor vehic1ebody shop.
NOW THEREFORE BE IT RESOLVED iliA T the Council of the Corporation of the Mlll1icipality of
Clarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTIONS ~ AGRICULTURAL (A) ZONE" is hereby amended by
introducing a new Subsection 6.4.66 as follows:
"6.4.66 AGRICULTURAL EXCEPTION (A-66) ZONE
Notwithstanding Sections 6.1 and 6.3, those lands zoned (A-66) on the Schedules to this By~law
may, in addition to other uses permitted in the Agricultural (A) Zone, be used for the purposes of a
motor vehicle body shop subject to the following zone regulations:
a) Interior Side Yard (minimum) 1.1 metres
b) Lot Area (minimum) 0.5 hectares
cj Total Floor Area for
Non - Residential Uses (maximum) 120sq.m.
d) Outside Storage Area (maximum) 200 sq.m.
e) Setback for Outside Storage Area
to a Lot Line (minimum) 1.1 metres
f) The outside storage area must be enclosed by a ~olid barrier privacy fence 1.8 metre in
height.
g) All garbage or waste materials generated by the permitted non-residential use and garbage
containers must be contained within the outside storage area.
2. Schedule "4" to By-Law 84-63. as amended, is hereby further amended by changing the zone
designation from:
"Agricultural (A) Zone" to "Holding-Agricultural Exception ((H) A-66) Zone" as sho'W11 on the
attached Schedule" A" hereto.
3. Schedule "A" attached hereto shall form part of this By-Law.
4. TIris By-Law shall corne into effect on the date of the passing hereof, subject to the provisions of
Section 34 of the Planning Act, RS.O. 1990.
By-Law read a first time this
day of
2001
By-Law read a second time this
day of
2001
By-Law read a third time and finally passed this
day of
2001
MAYOR
CLERK
636
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This is Schedule nAn to By-law 2001- ,
passed this day of . 2001 A.D.
PEBBLESTONE ROAD
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ISSSI ZONING CHANGE FROM "A" TO "(H)A-66"
John Mutton, Mayor
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