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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.
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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.
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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
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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,
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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.
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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:
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As confirmed by Regional Staff, the subject lands are designated
"Residential " within the Durham Regional and Courtice Urban Area Official
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Plans. Additionally, it was noted that there was an indication of
Environmentally Sensitive Areas in the vicinity of the subject property.
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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
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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
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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.
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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
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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
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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