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Home My WebLink AboutPD-190-86 TOWN OF NEWCASTLE Ns.4' REPORT File # Res. # - - By-Law # i MEETING: General Purpose and Administration Committee DATE: Monday, July 21, 1986 REPORT #: PD-190=86 FILE #: DEV 86-38 SUB.ECT: REZONING APPLICATION - ERNEST COLLISS PART LOT 18, CONCESSION 2, FORMER TWP . OF DARLI NGTON OUR FILE: DEV 86-38 I RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-190-86 be received; and 2. THAT the application submitted by Mr. J. Victor, Q.C. , on behalf of Mr. Colliss, to rezone a parcel of land located in Part of Lot 18, Concession 2, former Township of Darlington to permit the development of an additional lot be tabled to afford the applicant the opportunity for further dialogue with the Central Lake Ontario Conservation Authority Staff in consideration of the policies within the Durham Regional Official Plan pertaining to "environmentally sensitive lands". 1 BACKGROUND AND COMMENT: On May 29, 1986, the Planning Department received an application for rezoning from Mr. J. Victor, Q.C., on behalf of Mr. E. Colliss to permit the development of an additional residential lot. . . .2 I REPORT NO. : PD-190-86 Page 2 Within the Region of Durham Official Plan the subject property is located within the "Major Open Space" designation. Staff would note in accordance with the provisions of Section 10.2.1.2 of the Durham Region Official Plan the development of new non-farm residential uses shall be generally discouraged. However, limited non-farm residential dwellings may be allowed in the form of infilling within the "General Agricultural " areas and "(Major Open Space System" as designated on Map "A" if it is deemed desirable by the Council of the respective area municipality is is recognized in the Zoning By-law. Infilling is defined in Section 10.2.1.4 of the Durham Plan as situations where one or more non-farm residential dwellings are to be located between two buildings located on the same side of a public road and within a distinct Node or Cluster of non-farm residential dwellings in such a manner as not to contribute to strip or ribbon development and subject to such a Node or Cluster being identified in the respective Zoning By-law. In addition, Staff would note that there is an indication of "Hazard Lands" and "Environmentally Sensitive Areas" in the vicinity of the subject property. Accordingly the proposal would be given consideration within the context of Sections 1.2.2, 1.2.4, and 1.3.9 of the Durham Regional Official Plan. Staff would note that the previously noted Sections will be addressed within the text of this Report. 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 no objections to the proposal were received at the writing of this Report with respect to the amendment requested. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted within Staff Report PD-167-86. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: . . .3 REPORT NO.: PD-190-86 Page 3 I. Town of Newcastle Building Department 2. Ontario Hydro 3. Town of Newcastle Fire Department j 4. Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board 5. Town of Newcastle Community Services Department 6. Region of Durham Health Unit 7. Town of Newcastle Public Works Department The Durham Region Planning Department, in responding, confirmed the designation of the property as previously noted being within the "Major Open Space" designation. In consideration of the policies within the Durham Plan it was noted that the proposed residential use did not appear to be located between two buildings and therefore did not qualify as an infill situation. However, Staff did note that the Durham Planning Committee was considering an amendment to the Durham Plan (File: 86-20/D) to modify the criteria under which residential clusters may be identified. It was suggested to Staff that a review of the proposal in light of the proposed amendment would be appropriate. Additionally, Regional Staff noted that there was an indication of "Hazard Lands" and "Environmentally Sensitive Areas" in the vicinity of the subject property. The proposal should therefore be considered within the context of Sections 1.2.2, 1.2.4 and 1.3.9 of the Durham Plan. The Central Lake Ontario Conservation, in responding, noted as follows: The site of the proposed rezoning is wholly situated within the Maple Grove woods forest area. This large forest block overlies wetlands and the inter-relationship between the forest cover and the groundwater discharge area is environmentally significant in the regulation of the temperature of spring discharge to the Bowmanville Creek. The large size of this forest block and its direct physical link with the Bowmanville Creek wildlife corridor have contributed to its significance as a wildlife area. The forest cover, physical terrain and wildlife habitat are all regarded to be of environmental significance and the authority 's environmental sensitivity mapping project clarifies the Maple Grove woods as being highly sensitive. . . .4 l l REPORT NO.: PD-190-86 Page 4 The significance of this forest block is also acknowledged in the Durham Regional Official Plan by the environmentally sensitive classification given to this site. It is the Authority' s policy to discourage the creation of new lots where the entire lots cannot support the intended use without conflict with the natural environment. Authority Staff are concerned that the proposed rezoning and subsequent residential development of this lot may result in negative impacts on this highly sensitive area. Although the impacts resulting from a single lot development may not be viewed as significant in relationship to the size of total forest block, the precedent set for residential development within a highly sensitive area, could ultimately lead to the total degradation of this environmentally sensitive forest. With regard to the potential impacts within and adjacent to the immediate site of the rezoning and the precedent, this application could set for future residential development in highly sensitive areas, Authority Staff are opposed to the approval of this application. It is Staff's position that the Authority would also oppose any Regional Official Plan amendments or Land Division applications for this site." STAFF COMMENTS: As noted above, the Central Lake Ontario Conservation Authority, in reviewing the application, provided a negative response and further substantiated their comments to the effect that any application for a Regional Official Plan Amendment or a Land Division application would be similarly opposed in consideration of the environmental sensitivity of the subject lands. Map "A" within the Durham Regional Official Plan provides a general indication of the environmentally sensitive areas which have been identified within the Central Lake Ontario Conservation Authority. The extent and exact location of such environmentally sensitive areas are to be determined at the time of any development application(s). Section 1.2.2 states that "Council shall endeavour to retain in a natural state, wherever possible, the areas identified as "Environmentally Sensitive". However, in accordance with the other provisions of this Plan, development within these "Environmentally Sensitive Areas" may be permitted to the extent that the type or magnitude of development is compatible with the environmental . . .5 REPORT NO.: PD-190-86 Page 5 conditions or that measures have been undertaken to mitigate any resulting negative environmental impact. In addition, development within these areas shall proceed in accordance with Section 1.3.9". In summarizing the contents of Section 1.3.9 Staff would note for the Committee's information that the Durham Plan does provide an avenue whereby the submission of a Study thereby implementing the objectives of Section 1.2.2 can be obtained, could be submitted for consideration of the Development application. Accordingly, Staff would recommend tabling of the application to provide the applicant with an opportunity to discuss, with the Central Lake Ontario Conservation Authority, their concerns as well as the requirements of the Durham Regional Official Plan in respect of an environmental analysis. Upon receipt of confirmation as to the applicant' s intentions, a further Staff Report will be submitted for the Committee's consideration. Respectful itted, T.T. Edwards, M.C. I .P. G� Director of Planning LDT*TTE*j i p *Attach. July 11, 1986 cc: Mr. J. Victor, Q.C. barrister & Solicitor 235 King Street East P.O. Box 201 OSHAWA, Ontario L1H 7L1 NASH ROAD LOT 18 C ® PROPOSED LOT V ® ® MAPLE b GROVE 00 ® FOREST BLOCK ® o ® W X ® U CL W z 0 � U LOT 19 I LOT 18 LOT 17 , • MAPLE GROVE FOREST BLOCK r r ■ N Z f 0 W U Z 0 U TOWN of NEWCASTLE Formerly TOWNSHIP of DARLINGTON