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HomeMy WebLinkAboutPD-56-86 Ch� TOWN OF NEWCASTLE REPORT File #k1ji: k Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: MARCH 3, 1986 REPORT #: PD-56-86 FILE #: DEV 85-39 SUBJECT: REZONING APPLICATION - I. PERUN AND M. KUZEMCHUK PART LOT 29, CONCESSION ,3, FORMER TWP. OF DARLINGTON OUR FILE: DEV 85-39 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-56-86 be received; and 2. THAT the application for rezoning of Part Lot 29, Concession 3, former Township of Darlington, submitted by Mr. I . Perun and Mr. M. Kuzemchuk to permit the development of one (1) additional residential lot be denied without prejudice. BACKGROUND: On November 12, 1985, the Planning Department received an application submitted by Mr. I. Perun and Mr. M. Kuzemchuk to rezone a parcel of land located in Part of Lot 29, Concession 3, former Township of Darlington (see attached) . The submission of the rezoning application was to permit the development of one (.l) additional residential lot. Within the Regional Official Plan the subject property is designated "Residential " and within an "Environmentally Sensitive Area" . Within the Courtice Urban Area Official Plan and the Courtice North Neighbourhood 3B Plan the subject, lands are designated within the "Residential " and "Residential Special Policy Area" respectively. Staff will expand upon the provisions and requirements of each respective document further within said report. i I . . .2 REPORT NO. : PD-56-86 Page 2 Staff would note for the Committee' s information that, pursuant to Council 's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. Staff would note that, as a result of the filing of the application and the posting of the public notice signs, to date, no objections to the proposal have been received from the public. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted in Staff Report PD-182-85. Staff would note that the Town of Newcastle Eire Department, Building Department and Public Works Department offered no objections to the application as filed. The Region of Durham Health Unit, in responding, noted that the application for rezoning had been investigated by the Health Department and, insofar as health matters are concerned, there are no objections to its approval . However, it was noted that their comments are not to be taken as a permit to install a private sewage disposal system at the site involved. The required permit would be issued only after the proper inspection of the land involved has been made and said inspection carried out, upon receipt of a formal application. Central Lake Ontario Conservation Authority "Authority Staff have reviewed the above-noted application and offer the following comments for your consideration. The property consists of a small , partly developed area adjacent to Courtice Road and a scrub and heavily forested portion extending to the western property boundary. A tributary to the Black Creek is located within the forested area, near the western property limit. The entire property is located on a portion of the ancestral Lake Iroquois beach. This is a groundwater discharge area, exhibiting a perched groundwater table and areas of seasonal , standing surface water. The relationship of the shallow water table to the Black Creek fisheries is of significance in contributing to water quality and maintaining the base flow during prolonged dry periods. This elevated water table acts as a source to the stream traversing the property. Both the Authority's Environmental Sensitivity Mapping Project and the Environmental Impact Analysis of the Courtice Urban Area for the Town of Newcastle, acknowledge the sensitivity and complexity of this hydrological function. . . .3 REPORT NO. : PD-56-86 Page 3 Central Lake Ontario Conservation Authority (Cont'd) The stream enters this property near its northwest corner and roughly parallels the western boundary. The floodplain limits of the stream are not delineated in the Authority' s mapping due to the limited drainage area of the tributary. The western half of the property is dominated by heavy forest cover; the Courtice Woods. In comparison to other wooded areas in the region, the Courtice Woods represents an earlier stage of succession and provides an abundant and diverse wildlife habitat. Uncommon reptiles, amphibians, birds and diverse mammal populations are supported by the Courtice Woods. White-tailed deer, American beaver, red fox and Northern flying squirrel have been documented for this area. Uncommon and threatened bird species have been observed and the Red-shouldered Hawk, which is considered threatened, has been reported as having breeding status in the general vicinity. The Authority' s Environmental Sensitivity Mapping Project classifies the Courtice Woods as both a significant forest and one of high sensitivity. It is the Authority's policy to only support the creation of lots which are relatively free of restrictions to development. This policy minimizes potential conflicts between urban uses and the natural environment of the undeveloped lot. In light of the significant and highly sensitive nature of the forest cover, wildlife, and hydrological aspects of this property, Staff cannot support the creation of a new lot that would extend beyond a depth of 250 feet west from the eastern property boundary. We ask that a residential zoning be limited to this eastern portion of the property and, further, that an Environmental Protection zoning be designated to the retained lands, commencing from a point 250 feet west of the eastern property boundary and extending to its western property limit." Staff would note that, in consideration of the Central Lake Ontario I Conservation Authority comments, Staff responded to same noting that the j subject lands were designated for urban residential development by approved Official Plans. It was furthermore noted that Staff does appreciate that the presence of sensitive features may require further consideration as urban development proceeds in this area. However, the suggested rezoning to an "Environmental Protection" zone is not realistic or reasonable, bearing in mind, that the area is designated for urban development. It would seem more practical to address methods of minimizing or mitigating any impacts rather than attempting to sterilize an area which has already been subjected to extensive planning process. Accordingly, Staff could not support the position of the Conservation Authority with respect to the zoning of lands, . . .4 REPORT NO. : PD-56-86 Page 4 west of a point 250 feet from the eastern property limits of the subject lands. Region of Durham Planning Department "In response to your request for comments, we note that the subject property is designated "Residential " in both the Durham Regional Official Plan and the Courtice Major Urban Area Plan (Amendment No. 12 to the Darlington Official Plan) . The proposed residential use is permitted within this designation. We note however, that the development is to be privately serviced and therefore, it may only proceed in accordance with the following provisions of Section 8.1.3.1 of the Durham Regional Official Plan: " . . ..as an exception, prior to the availability of sanitary sewers and/or municipal water supply, development in these (residential ) areas maya be permitted as infilling on existing lots of record or on lots created by consent in accordance with Section 16.9 provided that: a) The private wasate disposal system complies with the standards of the Ministry of the Environment as amended and as administered by the Medical Officer of Health; b) The drilled well does not detrimentally affect adjacent properties; c) The development is in accordance with any relevant provisions which may have been incorporated in the respective district plan and/or zoning by-laws; and d) Such other conditions as Council deems necessary have been met. i With respect to any lots created by consent in accordance with the above, satisfactory arrangements shall be made with the region with respect to the provision of future services including the payment of levies ." In addition, we note that there is an indication of environmentally sensitive areas in the vicinity of the subject property and you may wish to consult with the Central Lake Ontario Conservation Authority to determine the extent and exact location of such areas." COMMENTS: i As confirmed by Regional Staff, the subject lands are designated "Residential " within the Durham Regional and Courtice Urban Area Official i Plans. Additionally, it was noted that there was an indication of Environmentally Sensitive Areas in the vicinity of the subject property. . . .5 II ro REPORT NO. : PD-56-86 Page 5 The Central Lake Ontario Conservation Authority, in commenting, supported this position. Within the Region' s response, Staff would note that reference to the servicing aspects applicable to the application , were contained. Staff would note, however, that in addition Section 16.9.11, 16.9.12, 16.9. 15, and 13.4. 14 are applicable and due consideration of same, in the review of the application, are warranted. Section 16.9.11 states that, "generally, the creation of lots fronting on arterial roads shall be discouraged. However, the provisions of Section 13.2.14 shall be used as j guidelines." Section 13.2. 14 states; "the maximum number of private i accesses to Type 'A' Arterial roads shall generally be as follows and regard shall be had to the provision of Section 13.3.3; a) two access points per side per mile in rural areas; and b) 600 feet between adjacent access points in urban areas." Staff would note that Section 13.3.3 as addressed above, reaffirms the provisions of 13.2. 14 in that they shall generally apply to arterial roads shown on Map "B", but if the intent of this Plan is adhered to and following adequate study to the affect that such provisions are impractical and can not be implemented precisely, the Authority having jurisdiction on such roads may alter the provisions without amendment to the Plan. Additionally, Section 16.9.2 provides for similar consideration that where having regard for the provisions of this Plan, an access to an arterial road is considered necessary and appropriate, such access may be constructed in accordance with the requirements of the authority having jurisdiction. As highlighted within the comments of the Central Lake Ontario Conservation Authority, Section 16.9.15 states that the creation of a lot in an area susceptible to flooding, erosion or any other physical constraint, will be discouraged unless it can be clearly established that they proposed use would not thereby be detrimentally affected. Within the Courtice North Neighbourhood 3B Plan, the subject lands are designated "Residential Special Policy Area". Section 2.1.7 "Residential . . .6 1-U REPORT NO. : PD-56-86 Page 6 Special Policy Areas" states that "residential special policy areas as outlined on Schedules lA and 1B are lands which are characterized by sand or till soils and shallow water table conditions. The environmental impact of permanently lowering the water tables is unknown and as such, further study is required to provide a more complete picture of anticipated impacts. Development within the Residential Special Policy Areas must conform to the policy guidelines contained in Section 2.1 of this Development Plan and may only proceed provided that further studies including, but not limited to, hydrogeological studies as may be required by the Town, have been prepared and the Town is satisfied that the type, pattern and density of development proposed is sensitive to the environmental features of the area." Additionally, Staff would note that within Section 2.5 "Transportation", Section 2.5.1 "Arterial Roads", notes that the development of arterial roads shall proceed in accordance with the provisions of the Durham Regional Official Plan as may be amended. i It is Staff' s opinion that the approval of the application as submitted, in view of the comments received and the landuse designation and provisions of I the Regional Official Plan and the Courtice North Neighbourhood 3B Plan, in the absence of the required studies for the Residential Special Policy Areas, would be premature. Accordingly, Staff are not in a position to support the application as submitted. Respect mitted, 1 T.T. Edwards, M.C. I .P. Director of Planning LDT*TTE*jip *Attach. February 17, 1986 cc: Mr. I Perun R.R. #1 HAMPTON, Ontario LOB 1JO �I | / \ � Po lot SEEIII-KNOTE An TLEN 1) co ' w 4 L 8 � WESTMORE STREET xx x. NAS ew NOTE: THE NEED FOR THIS ROAD ALIGNMENT SHALL BE SUBJECT TO FURTHER REVIEW AND IF NECESSARY AMENDMENT To THE APPLICABLE OFFICIAL 400 tooft. JUNE 21,198 4 200 50 JUNE 5,1984 COURTICE NORTH NEIGHBOURHOOD 3B -LAND USE STRUCTURE PLAN SCHEDULE 1 FIRE HALL CONVENIENCE COMMERCIAL NEIGHBOURHOOD BOUNDARY MAJOR OPEN SPACE. RESIDENTIAL -LOW DENSITY. . . . HAZARD LANDS ... -MEDIUM DENSITY. ., ARTERIAL ROAD-TYPE 'A -HIGH DENSITY . . . ARTER IAL ROAD-TYPE 'B' RESIDENTIAL SPECIAL POLICY AREA MINOR COLLECTOR ROAD ELEMENTARY SCHOOL LOCAL ROAD.. SECONDARY SCHOOL PEDESTRIAN/BICYCLE PATHWAY COMMUNITY PARK DEFERRED NEIGHBOURHOOD PARK. DENOTES DENSITY DESIGNATION L DENOTES MAXIMUN NUMBER OF 15 [MINOR OPEN SPACE UNITS PER NET HECTARE