Loading...
HomeMy WebLinkAboutPD-148-89 DN: SCANGA UNFINISHED BUSINESS "\ TOWN OF NEWCASTLE REPORT / .:1 . . !r?{) ....,b 19Jf. File #'0 .3 fJ-, t..f/3 Res. # By-Law # rffT It{]: DATE: ~T #: 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. . . .2 599 13 . , 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. ...3 599 14 " , 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. ...4 599 15 .' , 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: . . .5 599 16 . . . . REPORT NO.: PD-148-89 PAGE 5 ------------------------------------------------------------------------------- "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 34- LOT 33 LOT 32 LOT 3' LOT 30 LOT 29 I I I I II I I I IIII I \L GIONAL RD. 4 , YLER ST. " , I, V II I I, 'I !. F1RNER ST. Z ", 0 II ,: " (f) Il (f) " I "t ., l'I') W " .' Q U , I' ~ Z I' I: 0::: 0 " c U I' ~ , .0 I, " 0::: i{ : ~, r ~ Z o - en en w u z o u ~ .!~j;'Wi!!' EXISTING ESTATE RESIDENTIAL ~ PROPOSED ESTATE RESIDENTIAL ~~ DRAFT APPROVED ESTATE RESIDENTIAL _ SUBJECT SITE DEV.88-3 599 18 ,\ J Ministry of the Environment Mlnistere de l'Environnement I, ,. , I Central Region Region du Centre II I I . I L\': 1989 06 06 7 O_erleQ BO"lcv~.rl 41hFIOor Toronto, OntA.io M4H lAB 416'424-3000 7 OO"I.."atd O_&llea 4' nll1ge Toronlo (OnI81101 M4H ,1\& 41e 4;?4.3000 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$urface aewaqe disposal systems shoul~ be obtained from the Regional Health Unit. We are also in receipt of ., "Soil and Hydrogeologic Investiqat10n Report", dated August 1987 and ., "Hydrofieoloqic Assessment Report", dated December 1988, prepared by Gib.on and A550ciates Limited. Staff have reviewed the proposal in conjunction with these reports and we offer the follow1n9 comments. Based on the 1987 assessment, it appeare that the site is found on a former gravel pit that has been infilled with various waste materials. In light of thie, _we aaviae that we will not be in a position to comment on the acceptability of. the application until we are in receipt of a detailed soil s~udy which qualifies and quantifies the 5ubeurface condition of the site. This study should address the followinq: 1. The type of waste located on-site. 2. The extent of the waste located on-site. 3. When were these wastes deposited on-site. 4. The condition of the soils, are they contaminated and if they are, the extent of the contamination. 5. The potential for methane gas and/or leachate impacts. 6. A proposed plan for clean up. If it is determined that this. site was once used as an illegal landfill and that these wastes were deposited here within the last 25 years, a Section 45 approval under the Environmental Protection Act will be required. Section 45 states that: 599 19 ..... -.1......__ ..................' ~___.........-- -e..:.; '.1'-'''-'' ~ - 2 - "No use shall be made of land or land covered by water which has been used for the dispo$~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 599 20