HomeMy WebLinkAboutPD-114-00
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UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File #Pog -OF
Res. #r:;1/} -If097J /
Date:
Monday, December 11,2000
Report #:
PD-114-00 File #: ROPA 99-013
By-law #
Subject:
ONTARIO MUNICIPAL BOARD APPEAL OF AMENDMENT TO THE
DURHAM REGION OFFICIAL PLAN - APPLICANT: JOE DOMITROVIC
PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
3872 COURTICE ROAD
FILE NO.: ROPA 99-013
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-l14-00 be received for information; and
2. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. BACKGROUND
LIOn December 7, 1999, Joe Domitrovic filed an application to amend the Durham
Regional Official Plan. The purpose of the application was to amend the "Major Open
Space" policies on a site specific basis to legally recognize the existing automotive repair
and automotive body shop.
1.2 On June 19,2000, the Planning and Development Department forwarded Report PD-059-
00 to General Purpose and Administration Committee recommending that the application
be denied. Council did not accept Staffs recommendation and adopted the following
resolution:
"THAT the Region of Durham Planning Department be advised that the Municipality of
Clarington recommends approval of the application to amend the Durham Regional
Official Plan (ROPA 99-013) as submitted by Joe Dornitrovic provided that he meets all
of the municipal requirements;
THAT the Rezoning and Clarington Official Plan Amendment process be initiated;".
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REPORT PD-114-00
PAGE 2
1.3 The Durham Region Planning Department prepared Commissioner's Report #2000-P-82
on October 10, 2000 recommending denial of the application. Durham Regional Council
approved the application of a site specific basis as Amendment #70 on October 18, 2000..
1.4 On November 2, 2000, Shan Jain appealed the October 18, 2000 decision of Durham
Regional Council to the Ontario Municipal Board on behalf of Walter and Bernice
Petryshyn. A hearing date has yet to be scheduled.
2. COMMENTS
2.1 Staff has consistently recommended unfavourably towards applications to recognize the
existing automotive repair and automotive body shop. The reasons are documented in
various reports that have been prepared for Council's consideration.
The decision to amend the Durham Regional Official Plan was made by Durham
Regional Council, and as such, they may defend their position at the Ontario Municipal
Board. As Clarington Council recommended approval of the application, Council has the
option of whether or not to participate at the hearing.
2.2 With respect to legal fees, Municipal policy is as follows:
"That the owner/applicant of all development applications shall be required to bear the
Municipality's legal costs for an Ontario Municipal Board hearing in situation where his
application either approved or recommended for approval by (Municipal) Council."
Prior to the Ontario Municipal Board hearing, the applicant has to commit to bear the
Municipality's legal costs and, if failing to do so, the Municipality has the ability to
withdraw from the hearing.
In the past, a legal agreement has been executed between the applicant and the
Municipality to ensure that the Municipality's legal expenses are covered.
2.3 With respect to planning evidence, municipal planning Staff cannot be utilized because of
our recommendations to Council. Council therefore may wish to retain a land use
planner to defend its position at the Ontario Municipal Board. It is estimated that the cost
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REPORT PD.114-00
PAGE 3
of retaining a planner would be between $10,000. and $15,000. There is presently no
policy in place that requires an applicant to pay for consultant fees incurred by Council in
defending its decision at the Ontario Municipal Board
2.4 Council should also be advised that Staff may be subpoenaed by Shan Jain, solicitor for
the Petryshyn's, to testify on their behalf.
2.5 Should Council wish to participate at the upcoming Ontario Municipal Board Hearing it
is recommended that the following recommendations be substituted:
1. THAT Report PD-114-00 be received;
2. THAT subject to Mr. Joe Domitrovic entering into a legal agreement with the
Municipality of ClaringtOll to cover all legal and planning consulting costs, that the
Solicitor be authorized to retain a professional planlling consultant and to attend
the Ontario Municipal Board hearing in support of Ameudment 70 to the Durham
Regional Official Plan; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Respectfully submitted,
Reviewed by,
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Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
Da ld. ome, M.C.I.P., RP.P.
Director of Planning & Development
RH*DJC*cc
December 5, 2000
Attachment 1 - Key Map
Interested parties to be notified of Council and Committee's decision:
Joe Domitrovic
3872 Courtice Road
Courtice, Ontario
LIE 2L5
Walter and Bernice Petryshyn
1671 Taunton Road East
Hampton, Ontario
LOB lJO
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ATTACHMENT 1
_ SUBJECT SITE
LOT 30 LOT 29 LOT 28 LOT 27
LESTON. OAD
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COURTICE
KEY MAP
ROPA 99-013
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