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HomeMy WebLinkAboutPD-148-89 Addendum .. UNFINISHED BUSINESS TOWN OF NEWCASTLE REPORT File # (.it .3.~.'I/3. Res. # By-Law # ftffTItfJ : DATE: fUffiT #: SUlll:CT: Council February 12, 1990 Addendum to PD-148-89 FILE #: OPA 87-98, DEV 88-3, 18T-88001 OFFICIAL PLAN AMENDMENT, REZONING AND SUBDIVISION APPLICATIONS: FRANCIS SCANGA PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON OUR FILE: OPA 87-98, DEV 88-3, 18T-88001 RECOMMENDATIONS: It is respectfully recommended to Council: 1. THAT Addendum to Report PD-148-89 be received; 2. THAT Report PD-148-89 be lifted from the table; 3. THAT the recommendations contained in Report PD-148-89 be approved; and 4. THAT the Region of Durham, the interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND At the July 24th, 1989, meeting of Council, Council tabled Report PD-148-89 at the request of the applicant's engineer. The applicant's engineer requested that this report be tabled in order that further negotiations could be arranged with the Ministry of the Environment to resolve the issue of waste material presently located on site. . . .2 ADDENDUM TO REPORT NO: PD-148-89 PAGE 2 2 . COMMENTS FROM THE PUBLIC No public submissions have been received to date. 3. COMMENTS FROM AGENCIES No further comments have been received from the agencies circulated to. 4. TECHNICAL REPORTS 4.1 A Draft Report was received from D.G. Biddle and Associates on February 1, 1990, and was conducted by Gibson and Associates Ltd. The consultant has attempted to address the concerns of the Ministry of the Environment but notes that they "have side stepped the test well requirement of the Ministry of the Environment pending clarification of fill issues." The consultant recommends that should these applications be approved, "that an environmental consultant be on-site during all excavations for the proposed building foundations in order to test for methane gas and to inspect for the presence of any non-mineral, biodegradable fill material." Debris was found in 3 of the 4 additional test pits addressed in this report and debris was indicated to be found in 3 of the 4 previous test pits. It should be further noted that the consultant has neither stamped nor signed the report submitted for review by the Town. 4.2 The Ministry of the Environment have not provided comments with respect to this report. 5. STAFF COMMENTS 5.1 Irrespective of whether the applicant is able to satisfy the concerns of the Ministry of the Environment, the applicant . . .3 .' ADDEUDUM TO REPORT NO.: PD-14B-B9 PAGE 3 cannot address the negative impacts that cumulative estate residential development pose for this area. These impacts were analyzed in planning Report PD-61-B9, and were summarized within attached Report PD-14B-B9. 5.2 Further estate residential development north of Court ice will pose the following problems: will distort municipal service priorities (ie. parkland and schools); will likely invoke premature requests for the extension of municipal services; will compound environmental impacts which are difficult to mitigate; will impede the orderly urban growth of Court ice 6. CONCLUSIONS The applicant cannot address the much broader planning concern of how further estate residential development will negatively impact this area, and thus Staff stand by the recommendations presented in Report PD-14B-B9. Respectfully submitted, Recommended for presentation A}f counCil, / iy . Kotseff fistrative ~ 11 / ,/ ( /,",:t~vL,-- /,-/ r.)~~, ~ Franklin Wu, M.C.I.P. Director of Planning and Development JB*DC*df *Attach 6 February 1990 Interested parties to be notified of Council and Committee's decision: D.G. Biddle & Associates Consulting Engineers, 56 King Street East, Oshawa, Ontario L1H 1B6 Francis Scanga 717 Tarn Court, Oshawa, Ontario L1J 6Y8 Gibson & Associates P.O. Box 148, Bowmanville, Ontario L1C 3K9 DN: SCANGA TOWN OF NEWCASTLE REPORT File # Res _ # By-Law # r1ITI~: DATE: ~T #: Sl.JRECT : General purpose and Administration Committee Monday, June 19, 1989 PD-148-89 FILE #: OPA 87-98, DEV 88-3, 18T-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 & l8T-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 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 " 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 Pebblestone 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 .' REPORT NO.: PD-l48-89 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 co~ents are att~ched (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 Report, 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 ~ 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 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 , J I I I I II I I I \L GIONAL RD 4 YLER ST. ---- -. --- ~ z "0 0 II ,: " (j) \l (j) " I ~ I, t<) W I: " a U " ~ Z I' 0:: I: 0 " a U I' ~ . I, 0 I' 0:: \ \ ro . z \ 0 - , (j) \ ! (j) -: W , U , , . ;" Z . J~ 0 \ () ~l Ir~jt~i;1 EXISTING ESTATE RESIDENTIAL ~4 PROPOSED ESTATE RESIDENTIAL ~'ll DRAFT APPROVED ESTATE RESIDENTIAL _ SUBJECT SITE DEV.88-3 ~ .' ~ ;J Mini3try of tt1e Environment Mtnlstere de I'E. 0nnement i I Region -..) .~ Centre ,1 ; 1989 06 06 7 Ollad9Q BOv1r ~.vrl 4th Floor Toronto, Onl~',: M(H lA8 411l '424.300C 7 t..)6ulev6td 0I/e11&S1 4' (l11l96 Toronlo (Ont8110) M4H 1A8 4164;'4-3000 Mrs. V. Cranmer Rogional Municipality of Durham 105 Consumers Drive Whitby, Ontario L1N 6A3 Dear Mrs. Cranmer: Re: Propo8ed Plan of Subdivision Town of Newcastle File: 18T-88001 and Official plan Amendment 87-98/D The above noted applications propose the cr-eation of6 residential lots on the oa6ie of subsurface eeptic tank systems. The subject site is located west of Durham Road 34 and south of Pebblestone Road. Comments ,on the suitability of the aite for the propoeed UBe oE sub$urface sewage diepo8&1 systems shoul~ be obtained from the Regional Health Unit. We are also in receipt ot a, ~Soil and Hydrogeologic InvestiCjJation Report", dated August 1987 and a, "HydrQ9coloqic Assessment Report", dated December 1988, prepared by crib.on and Associates Limited. Staff have reviewed the proposal in conjunction with ~he6e reports and we offer the followin9 comments. Based on the 1987 assessment, it appeare that the site ie ~ound on 'a former gravel pit that has been infilled with various waste materials. In light of thi~, _we advise that we will not be in a position to comment on the acceptability of. the application until we are in receipt of a detailed 80il study which qualifies and quantifies the subeurface .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. ~he 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 propoaed 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: -'.... ' f t, - 2 - "No use shall be made of land or land covered by water which has been used for the disposal of waete within a period of 2S years from the year in which such land ceased to be 50 used unless the approval of the the Mini~ter for the proposed U5e has been given. Further, based on well record~ and hydrogeological data, the Gibson report indicates that Conditions are favourable to develop adequate water supplies from drilled wells, We concur with this aaBe~~ment, however, prior to final approval of the plan, test drilling will be required to: identify the preferred aquifer; comment on existing quality based on data from representative wells; and, provide detailed discu33ions on the potential for cross contamination and well interference. With respec~ to water quality, the report ind1cate8 that while there should be sufficient recharge from infiltrating precipitation to bring the nitrate concentrations to lese than 10 mg/L, the availability of flow through the shallow aquifer would further dilute the nitrate concentrations to lesa 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 used to increase the ~ to 1 dilution requirement. However, this would be dependent on the lateral flux, the prevailing water quality and the impact on existing residences. Pleaee note, the water quality impact must be based on existing and propo.ed upgradient and downgradient developments within th~ hydrogeologic basin. In summary, until we are in ~eceipt of a detailed study addressing our concern5 regarding wastee, we recommend that the plan of subdiviai.on and official plan amendment not be approved. Once the iG~ue of waste has been resolved, we advise that a further hydrogeological study will be required to address our concerns regarding.water quantity and quality and the impact of the eeptic systeme on the groundwater resources. Please note, the impact of the septic systems will have to be addres~ed prior to draft approval. Yours truly, DRIGlNAl ~f"~.'" ''I' ._l'.;"~;. t.. P.R. Balaban, Planner Approvale & 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