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HomeMy WebLinkAboutPD-059-00 , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # IJ;2-S Res. # GIft -;} 7'(( -Do Date: Monday, June 19,2000 Report #: PD-059-00 File #: ROPA 99-013 By-law # Subject: AMENDMENT TO THE DURHAM REGION OFFICIAL PLAN APPLICANT: JOE DOMITROVIC PART LOT 29, CONe. 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-059-00 be received; 2. THAT the Region of Durham Planning Department be advised that the Municipality of Clarington recommends DENIAL of the application to amend the Durham Regional Official Plan (ROPA 99-013) as submitted by Joe Domitrovic; 3. Thit the Region of Durham Planning Department be forwarded a copy ofthis report; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Joe Domitrovic 1.2 Durham Regional 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. 1.3 Site Area: 0.53 hectares (1.31 acres) 2. LOCATION 2.1 The subject lands are located at the southwest comer of Courtice Road and Pebblestone Road, north of the Courtice Urban Area (See Attachment No.1) The applicant's land holdings totals 0.53 hectares (1.31 acres). The property is located within Part Lot 29, Concession 3, in the former Township of Darlington. 601 REPORT PD-059-00 PAGE 2 3. BACKGROUND 3.1 The Durham Regional Official Plan does not permit the existing automotive repair and automotive body shop within the "Major Open Space" land use designation. As a result, Mr. Domitrovic filed an application with the Durham Region Planning Department on December 7,1999 to amend the Official Plan. The purpose of the application is to amend the "Major Open Space" policies on a site specific basis to legally recognize the existing automotive repair and automotive body shop. 3.2 Staff have dealt with two previous applications on the subject property. These are summarized below. Durham Regional Official Plan Amendment Application (ROP A 96-016) This application to amend the Durham Regional Official Plan was filed on September 27, 1996. Its purpose was to legally recognize the existing automotive repair and automotive body shop. The applicant also requested that the "Green Space" land use designation is the proposed Clarington Official Plan land use be deferred, which became Deferral # 35. The application was denied by Clarington and Durham Region Councils on February 10, 1997 and April 23, 1997, respectively. Both Councils also approved the Clarington Official Plan land use designations as it pertained to the applicant's lands Mr. Domitrovic appealed the Durham Region Council decision to the Ontario Municipal Board but withdrew the appeal prior to the hearing. Reports relating to this application are contained in Attachment No.3. Municipality of Clarington Rezoning Application (DEV 98-001) Staff was directed by Council on January 12, 1998 to initiate the process of consideration of a temporary use by-law for Mr. Domitrovic's property. A report was fOlwarded to Committee and Council outlining three options of consideration: . withdraw the application; . approve the rezoning application for a temporary use by-law, without conditions; or . approve the rezoning application for a temporary use by-law subject to conditions. 602 REPORT PD-059-00 PAGE 3 On June 15, 1998, Council granted Mr. Domitrovic a one year time frame, to June 15, 1999, in which to relocate his business. Reports relating to this application are contained in Attachment No.4. 3.3 The By-law Enforcement Division sent a letter to Mr. Domitrovic on May 3, 1999, prior to the expiry of the one year period, advising that legal action would be taken if the existing use continued beyond June 15, 1999. This application was submitted by Mr. Domitrovic, effectively forestalling continuation of the prosecution. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site currently contains a single detached residential dwelling on the south half of the property and an automotive repair and automotive body shop on the north half of the property. 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 & elementary school 5. OFFICIAL PLAN POLICIES 5.1 The property is designated "Major Open Space" within the Durham Regional Official Plan. Permitted uses include conservation, recreation, reforestation, agriculture and fann- related uses. The existing use does not conform to the Official Plan. 5.2 Within the Clarington Official Plan, the property is designated "Green Space", which permits conservation, active and passive recreational uses, agriculture, fann-related uses, home-based occupations and limited home industries. The existing use does not conform to the Official Plan. 603 REPORT PD-oS9-00 PAGE 4 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A) Zone" which only permits agricultural uses on the property. The existing use is not permitted by the zoning by-law. 7. AGENCY COMMENTS 7.1 The Clarington Fire Department has no objections provided that an on-site water supply is required. The amount of water required must be calculated by the applicant's engineer in accordance with the Ontario Building Code's Appendix Section 3.2.5.7. The connections must comply with the Municipality of Clarington Fire Department's requirement. 7.2 The Clarington Public Works Department has no objections provided that the following conditions are fulfilled. Engineering Division . A 5.18 metre road widening along Pebblestone Road must be dedicated to the Municipality free and clear of all encumbrances. . All existing drainage patterns must be maintained in their present condition. . The applicant must satisfy all requirements of the Regional Municipality of Durham regarding Courtice Road. . The applicant will be responsible for the construction of a commercial access from Pebblestone Road to the Municipality's entrance standards. Parks Division . The applicant will be required to provide an appropriate cash-in-lieu of parkland contribution. Building Division . The Building Division had no comments at this time. 7.3 The Clarington By-law Enforcement Division provided the following comments: . The outdoor storage of vehicles and parts must be limited for appearance purposes. . The current temporary signs must be removed and proper signage installed with required sign permits in accordance with Sign By-law 97-157. 684 REPORT PD-059-o0 PAGE 5 8. COMMENTS 8.1 Although the circulated departments do not have any objections to the proposal, Planning staff do not support the application for the following reasons: . The existing use is urban in nature and is not appropriate for lands identified as Green Space in the Official Plan. . The site is located in the Lake Iroquois Beach Area, characterized by high water table and functioning as a groundwater recharge/discharge area. The nature of the use involves the storage and use of chemicals, paints, solvents and oil/gas products. It therefore represents a higher risk industrial use for contamination of the groundwater supplies. . The use does not qualify as a home industry use. . The Municipality has a variety of industrial lands appropriately designated and zoned to permit an automotive repair and automotive body shop. The applicant has not provided any information with the application to suggest that the subject lands constitute an appropriate alternative to an industrial location. . Approving illegal uses on an individual basis could set a precedent for similar small scale industrial operations operating illegally. . The use is not considered desirable or compatible with the nearby residential uses, elementary school and church. . There is no significant changes from previous applications that warrant a change in staffs position. 9. CONCLUSIONS The application previously submitted to amend the Durham Regional Official Plan was subject to a detailed review. The proposal was denied by the Clarington and Durham Regional Councils. The current application is considered to be a maneuver only to forestall prosecution by the Municipality. Although the applicant previously appealed the decisions of the Clarington and Durham Regional Councils, the appeal was withdrawn and the current land use designations never contested at the Ontario Municipal Board. Based on the comments contained in this report, it is respectfully recommended that this application be DENIED. 605 REPORT PD-059-00 PAGE 6 Respectfully submitted, Reviewed by, dfl~~~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer D v' . Crome, M.C.I.P., R.P.P. Direc or of Planning & Development RH*DJC*cc June 12, 2000 Attachment No.1 Attachment No.2 Key Map Site Plan Interested parties to be notified of Council and Committee's decision: Joe Domitrovic 3872 Courtice Road Courtice, Ontario LIE 21.5 Bernice Petryshyn 1671 Taunton Road East Hampton, Ontario LOB lJO 6f16 \ '\ PROP1)~ED -l '~.\-~/I TERCRKNGE I \ \ I \ I \ \ I I I \ \ I \ ~I \90 II Iii I \ \~ \ \ I \~ II I \ \~ji \ \ \I~ '\ I \7- Z \ 0 \ \ - \\ (j) \ . 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