HomeMy WebLinkAboutPD-148-89
DN: SCANGA
UNFINISHED BUSINESS
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TOWN OF NEWCASTLE
REPORT
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SUR.ECT:
General purpose and Administration Committee
Monday, June 19, 1989
PD-148-89
FILE #: OPA 8~~98, DEV 88-3, l8T-88001
OFFICIAL PLAN AMENDMENT, REZONING AND SUBDIVISION APPLICATION
FRANCIS SCANGA
PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
OUR FILE: OPA 87-98, DEV 88-3 & 18T-8800l
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-148-89 be received;
2. THAT the application submitted by Francis Scanga to amend the Durham Region
Official Plan to permit the development of a six (6) lot Estate Residential
subdivision be DENIED;
3. THAT the accompanying rezoning and subdivision applications be DENIED;
4. THAT the applicant be so advised; and
5. THAT the Region of Durham be so advised and forwarded a copy of this
Report.
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REPORT NO.: PD-148-89
PAGE 2
1. BACKGROUND
1.1 On January 18, 1988, the Town received notice from the Region of Durham
of an application submitted by Frances Scanga to amend the Regional
Official Plan to permit the development of a six (6) lot residential
estate subdivision on 3.39 hectares (8.37 acres) in Part Lot 29,
Concession 3, former Township of Darlington. (Attachment No.1)
1.2 The Town of Newcastle planning Department received an application to
rezone the subject parcel on December 3, 1987. Region of Durham
forwarded an application for approval of a Plan of Subdivision on January
8, 1988. The applications for rezoning and Plan of Subdivision were
circulated concurrently with the Official Plan Amendment application.
1.3 On March 9, 1988, the General purpose and Administration Committee
resolved to receive Report PD-70-88 and refer rezoning application DEV
88-3 back to Staff for further processing and preparation of a
subsequent report upon receipt of all outstanding comments. Outstanding
comments from the Central Lake Ontario Conservation Authority and
Regional Works Department have since been received.
2. OFFICIAL PLAN AND ZONING BY-LAW CONFORMITY
2.1 The Durham Region Official Plan designates the subject site as "Major
Open Space" with "Environmentally Sensitive" characteristics indicated.
The site is zoned "Agricultural (A)" in the Town of Newcastle
Comprehensive Zoning By-law 84-63. A gravel pit once operated on this
site and has since been abandoned.
3 PUBLIC SUBMISSIONS
3.1 No public submissions have been received to date.
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REPORT NO.: PD-148-89
PAGE 3
4 CIRCULATION
4.1 The subject application was circulated by the Town and the Region to
various agencies and departments to obtain comments. The fOllowing
departments/agencies offered no objection to the proposal
Central Lake Ontario Conservation Authority
Ministry of Agriculture and Food
Northumberland & Newcastle Board of Education
Ministry of Natural Resources
Ontario Hydro
Town of Newcastle Fire Department
The following departments/agencies offered no objection to the principle
of this development, but have recommended conditions for draft approval:
Town of Newcastle Community Services
Region of Durham Works Department
4.2 The Town of Newcastle Public Works Department indicated that development
should not proceed until such time as a storm drainage report has been
submitted to the Director of Public Works. Public Works further note
that there is a possible sight distance problem on Pebbles tone Road at
the east limit of this development, and have outlined conditions for
draft approval.
4.3 The Town of Newcastle Building Department noted that the site, having
been an abandoned gravel pit which has been partially filled, could pose
additional costs to future purchasers.
4.4 The Region of Durham Health Department expressed concern regarding tile
bed location, fill material to be utilized, well types and well
locations.
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REPORT NO.: PD-148-89
PAGE 4
4.5 The Peterborough-victoria-Northumberland-Newcastle Roman Catholic
Separate School Board noted that they would support the application as
long as the development does not adversely affect Monsignor Leo Cleary's
water supply and weeping tile system.
4.6 The Ministry of Environment stated that the presence of waste on this
site has been identified. The Ministry have further noted that, until
they are in receipt of a detailed study addressing the waste issue, they
recommend denial of the Official plan Amendment and associated
applications. A copy of the Ministry's comments are attached
(Attachment # 2).
5 COMMENTS
5.1 A "Soil and Hydrogeological Investigation" submitted by the applicant
concludes that the site is suitable for the proposed development,
however, the report further noted that the subject site had been
infilled with waste from other construction sites. For this reason, the
report outlines a number of recommendations regarding water supply,
waste disposal and building construction. The consultant bases his
opinion on associated soil studies and well water surveys. Additional
field work and test drilling would be required before any results could
be considered conclusive.
5.2 This application represents an increase of six (6) residential units to
the concentration of estate-residential development north of Courtice,
which presently totals ninety-seven (97) residential units. As
discussed within the Rural Residential Development Information Repor\,
received by the General Purpose and Administration Committee on March
6, 1989, the continuing development of this area north of Courtice is of
concern. Section 10.3.1.3 of the Durham Region Official plan states:
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REPORT NO.: PD-148-89
PAGE 5
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"A limited number of estate-residential subdivisions on large lots may
be permitted by amendment to this Plan. The limit to the numbers of
such estate-residential subdivisions shall be established by their scale
and location, their financial implications for the Region and their
effects on the Region's transportation facilities and utilities."
Further estate residential development north of Courtice can no longer
be viewed as limited. Concentrated estate residential development such
as these will: distort municipal service priorities (i.e. parkland and
schools); likely invoke premature request for extension of municipal
services (i.e. water and/or sanitary sewer); compound environmental
impacts which are difficult to mitigate; and impede the orderly urban
growth of Courtice.
6 CONCLUSIONS AND RECOMMENDATIONS
6.1 In view of the concerns raised by the Ministry of Environment and Region
of Durham Health Department, and those issues reviewed within the Rural
Residential Development Information Report, Staff are unable to support
this application and respectfully recommend that the various applications
by Francis Scanga for a six (6) lot estate residential subdivision be
DENIED.
Respectfully submitted,
Recommended for presentation
to the Committee
/fin----------------------------
wrence E. Kotseff
Chief Administrative Officer
JDB*FW*cc
*Attach.
May 24, 1989
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION:
Francis Scanga
717 Tarn Court
OSHAWA, Ontario
LIJ 6Y8
599 17
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Ministry
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Mrs. V. Cranmer
Regional Municipality of Durham
105 Consumers Drive
Whitby, Ontario
L1N 6A3
Dear Mrs. Cranmer:
Re: Proposed Plan of Subdivision
Town of Newcastle
File: lBT-SaOOl and Official plan Amendment 87-98/0
The above noted applications propose the creation of 6
residential lots on the baeia of subsurface aeptic tank
systems. The subject site is located west of Durham Road 34
and south of Pebblestone Road. Comments on the suitability of
the site for the propoeed use oE sub$urface aewaqe disposal
systems shoul~ be obtained from the Regional Health Unit.
We are also in receipt of ., "Soil and Hydrogeologic
Investiqat10n Report", dated August 1987 and ., "Hydrofieoloqic
Assessment Report", dated December 1988, prepared by Gib.on and
A550ciates Limited. Staff have reviewed the proposal in
conjunction with these reports and we offer the follow1n9
comments.
Based on the 1987 assessment, it appeare that the site is found
on a former gravel pit that has been infilled with various
waste materials. In light of thie, _we aaviae that we will not
be in a position to comment on the acceptability of. the
application until we are in receipt of a detailed soil s~udy
which qualifies and quantifies the 5ubeurface condition of the
site. This study should address the followinq:
1. The type of waste located on-site.
2. The extent of the waste located on-site.
3. When were these wastes deposited on-site.
4. The condition of the soils, are they contaminated and if
they are, the extent of the contamination.
5. The potential for methane gas and/or leachate impacts.
6. A proposed plan for clean up.
If it is determined that this. site was once used as an illegal
landfill and that these wastes were deposited here within the
last 25 years, a Section 45 approval under the Environmental
Protection Act will be required. Section 45 states that:
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"No use shall be made of land or land covered by water
which has been used for the dispo$~l of waete within a
period of 25 years from the year in which such land ceased
to be so used unless the approval of the the Minister for
the proposed use has been given.
Further, based on well ~ecord5 and hydrogeoloqical datal the
Gibson report indicates that Conditions are favourable to
develop adequate water supplies from drilled wells. We coneur
with th1s aaae8sment, however, prior to final approval of the
plan, test dr1lling will be required to: identify the
preferred aquifer; comment on existing quality based on data
from representative wells; and, provide detailed discussions on
the potential for cross contamination and well interference.
With respect to water quality, the report indicates that while
there should be sufficient recharqe from infiltrating
precipitation to brinq the nitrate concentrations to less than
10 mg/L, the availability of flow through the shallow aquifer
would further dilute the nitrate concentrations to less than 5
mg/L. We advise that our preliminary assessment has calculated
nitrate levels to be excess of the Ontario Drinking Water
Objective of 10 mq/L where the aquifer is solely recharged by
direct infiltration. Where available, underflow may be us.d to
increase the ~ to 1 dilution requirement. However, this would
be dependent on the lateral flux, the prevailinq water quality
and the impact on existing residences. Pleaee note, the water
quality impact must be based on existing and propo.ed
upqradient and downgradient developments within the
hydrooeologic basin.
In summary, until we are in receipt of a detailed study
addressing our concernB reqarding wastee, we recommend that the
plan of sUbdivision and official plan amendment not be
approved. Once the isaue of waste has been resolved, we advise
that a further hydroqeological study will be required to
address our concerns re9ardinq water quantity and quality and
the impact of the eeptic sY8tem~ on the qroundwater resources.
Please note, the impact of the septic systems will have to be
addres~ed prior to draft approval.
Yours truly,
ORIGINAL ~!t~~.;: tY
P.R. Balaban, Planner
Approvals & Plannin9
Technical Support Section
It:PRB/CRA/J6F
cc: Mr. F. Wu
W. GibBon
Mr. D. Beach
Mr. J. D'Cruz
CR #11435
A &. P File
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