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HomeMy WebLinkAboutPD-120-87 i C II LQ TOWN OF NEWCASTLE ° e f } <� REPORT File #6c) Res. # By-Law # METING: General Purpose and Administration Committee DATE: Tuesday, April 21, 1987 REPORT #: PD-120-87 FILE # 18T-86020 and OPA 86-22/D SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - '86-22/D PROPOSED PLAN OF SUBDIVISION - 18T-86020 APPLICANT: STEVE` DEVESCERI CONSTRUCTION LIMITED PART LOT 26, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-120-87 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application 86-22/D and 'proposed Plan of Subdivision 18T-86020 submitted by Steve Devesceri Construction Limited to permit the development of a 12 lot estate residential 'subdivision in Part Lot 26, Concession 2, former Township of 'Darlington, be denied without prejudice; and 3. THAT a ;copy of Staff Report PD-120-87 and Council ' s decision be forwarded to the Region of Durham the applicant and the interested parties indicated. BACKGROUND: On September 2, 1986, the General Purpose and Administration Committee considered Staff Report PD:-202-86 (Attachment No. 1) in respect of Official Plan Amendment application 86-22/D and proposed Plan of Subdivision 18T-86020 submitted by Steve Devesceri Construction Limited to permit the development of an 18 lot residential subdivision in . . .2 REPORT NO.: PD-120-87 Page 2 Part Lot L6, Concession 2, former Township of Darlington. Staff noted in the Report that the site was subject to highwater table and that the Health Unit had indicated a number of concerns with respect to the suit ability of the site for ;sanitary .sewage disposal. As well, the Central Lake Ontario Conservation. Authority identified the entire site as being highly sensitive and requested deferral of the applications pending submission of an Environmental Impact Statement. Stafif recommended that the Official P an Amendment 'application and Subdivision application be tabled pending the submission and approval of an Environmental Impact Analysis and an Engineering Study with respect to the. proposed development. Committee and Council resolved o adopt the recommendations in the_Staff Report. * A revised plan of subdivision proposing the creation of 12 lots ;(Attachment No. 2) was received by the Town on November 5, 1986. As well, a Hydrogeologic:Investigation and Environmental Analysis were submitted in support of the app icaton. The Hydrogeologic Report confirms that groundwater levels are very high over most of the site., from 0.2m to about 1.Om below existing grade, and that these high levels would be sustained for much of the year. The Report notes that the gradient of flow within the shallow aquifer system is sluggish through the site which, together with the relatively impervious underlying till, contributes to the highwater levels. The Report notes that 78% of the domestic wells in the immediate area consist of bored wells which top the shallower water-bearing zones and recommends the proposed development be serviced by drilled wells that penetrate the deeper aquifer. The Report further recommends raised leaching beds for waste disposal and a system of ditches and sub-surface drains to mitigate the effects of the highwater table. The Report also Includes that the influence of sewage loading on the shallow and deep aquifers as well as Black Creek, should be negligible. vv C~ ...3 ~>> REPORT NO.: PD-120-87 Page 3 The Environmental Analysis notes that the subject site is heavily forested and not .environmentally significant in terms. of vegetation or wildlife. The site lies within the drainage :basin of Black Creek and contributes to the base flow of the creek through surfac e run-.off..andgroundwater seepage. The Report notes that construction activities could potentially result in sediment being washed. into the Black Creek Valley. resultpg in the degradation of water quality, stream and valley structure and aquatic life, and recommends that major earth grading and road construction take .place during the drier part of theyear•. Further mitigative measures would include straw bale check dams and temporary ediment control ponds during construction, and the direction of storm water run-ofif away from unprotected and erosion prone valley slopes. The Report recommends the retention of vegetation located in the Black Creek Val ley. and on the valley slopes. because of its function in stabilizing the valley slopes, French drains are recommended to increase soil infiltration, thus maintaining groundwater levels in drier-months. The Report proposes. a building siting p an involving the grouping of homes and the construction of only two storey homes to maximize the retention of vegetation. 'The Report also proposes the transplanting of disp laced cedars and restrictive covenants to prohibit individual property owners from removing trees. on their lots.. The revised subdivision plan was circulated to various agencies by k~oth the Region of Durham and the Town. As well, the Regional Health Unit and the Conservation Authority received copies of the supporting Hydrogeologic and Environmental Reports. The following is a summary of the comments received: Region of Durham Health Unit "In so far as health matters are concerned, approval is not granted due to high water table and poor surface drainage." Central Lake Ontario Conservation Authority "We have now completed reviews of the Soils Investigation, Hydrogeologic Investigation and Environment a1 Analysis, and the revised plan of subdivision and offer the following comments: ...4 ~~~ REPORT NO.: PD-120-87 Page 4 Soils Investigation The sandy soils below the 1 foot thick organic ayes are indicated as having a moisture content as high as 25 percent. The Report indicates the ;presence of a perched water table at the l metre depth, and the true water table at a depl:h of about 2 metres. This is much less `of a separation than,t hat which is normally observed. The Report indicates that sections of soil strata above the shallow, permanent water table fail to meet the uggested minimum percolation rates - of 50 minutes a centimetre (or les ). :The keport`further specifies that organic soil removal, soil importation (for raised t he beds) and a system of svdales and ditches (for dewatering);will be required. Impacts on 'Black Creek have, apparently, not been investigated. Hydrogeological Investigation Throughout the study, very poor subsurface drainage is documented. Bacterial migration in the upper aquifer is confirmed by noting that a few of the shallow bored wells in the area 'have periodically experienced elevated levels of coliform bacteria. The submitted soils and hydr,ogeological studies do not fully evaluate the hydrologic significance of the site in relation to the 'Black Creek. Evidence, of base flow augmentation and on-site recharge is provided however. The.. ditchi ng and subsurface drains recommended in the reports to ::make development possible wel] lower the water table and, therefore, alter the established baseflow regime.' Both reports document very wet site conditions and considerable organic mat er accumulation. Environmental Analysis Works such as French drains could improve the transmissability of the aquifer during the-storage period of the year, and reduce what would be available to Black Creek during drier months. Any subsurface improvements to drainage will likely shorten the time between rainfall and recharge to the creek. The moisture normally stored would be conducted away by the French .drain network, and thus not be available during summer. The Report states he site is not signffciant in terms of wildlife, based on Canada Land Inventory rates and the 'lack of reported occurances of uncomrn,n or significant animals or birds. Authority Staff disagree, noting that the Inventory is based on wildlife production potential, not habitat. Due to the scale of mapping, the Inventory should not be used for site specific planning. As well, Authority Staff question the statement that there were no reported observations of uncommon bird species, and disagree with the Report's assertion that the greater length of edge vegetation resulting from dewatering would encourage wildlife to remain. ...5 ~~~ 1 REPORT NO.: PD-120-87 Page 5 Environmental Analysis (Cont'd) Dared on a review of site conditions and submitted reports, we eriously - question the `suitability of :the site for residential ':development. The site is very wet-and in need of extensive dewatering, possibly on a continuous basis. The location of black Creek so close to a site developed in this manner causes us concern. The dewaterng needed to accommodate dwellings and the fields is significant on its own. When future ancillary uses ouch as swimming pools, decks, sheds and gardens are also taken into account., the desirability of development on the site seems somewhat margin al. In view of the foregoing, we are ,unable to support the proposed amendment." ~ The following. agencies indicated that comments on the original plan were still applicable: - Town of Newcastle Public Works Department - Town of Newcastle Buil ding. Department - Town ;of .Newcastle Community Services Department - Town of Newcast e Fire Department - Nli ni stry. of the Environment CONihIENT: based on a review of the various reports submitted in support of the Official Plan Amendment and the related plan of :subdivision, and he comments received from the Health Unit and the Conservation Authority, Staff are not satisfied that the subject site is suitable for the proposed development. Of particular concern is the presence of the high water table on-site. Staff do not feel that it has been satisfactorily demonstrated that the site is suitable for the absorption of sewage effluent. With respect to the proposed building siting plan, the transplanting of displaced cedar and the use of restrictive covenants to prevent individual property owners from removing vegetation, Staff note that a Vegetation Preservation Plan could be incorporated into the Subdivision Agreement with the developer, and that the Town could control the location of new homes. However, the terms of any Subdivision Agreement for tree preservation within the development would not be released by the Town. This would allow the Town to be in a position to continue to enforce the Tree Preservation Plan ...6 REPURT NO.: PD-120-87 Page 6 on subsequent ,owners. As noted by the Environmental Analysis however, the site contributes o the baseflow of Black Creek and the large scale removal of vegetation could affect this function as well as increased sedimentation into the creek. The Ministry of_Hgriculture and Food has indicated no objection to the proposed development. However, as noted in Staff Report PD-202-86, an area resident has advised that the property directly to the west is used for pasture land and is spread with manure.. The resident has expressed a concern that future residents of the proposed development may object to agricultural odours. In that regard, Staff note he proximity of the subject site to the Courtice Urban Area and ,reference'Committee's resolution of `M arch l6, 1987 (Resolution #GPA-251-87) directing Staff to bring forward a report on the implications of changing the landuse designation of he area east of Courtice Road within the Courtice Urban Area. Based on the above considerations, Staff cannot upport the development of the subject site for estate residential purposes. Accordingly, it is respectfully-recommended that the Region of Durham be advised that the Town of Newcastle recommends-that Official Plan Amendment application 86-22/D and Proposed Plan of Subdivision 18T-86020 be denied. Respectfullysu~mitted, Recommended for presentation ~~' ;-~f--~%``~~ to the Committee r-- ~-r ,i ~-- -"~ - ~=-~ v 'T. dwards, M.C.I.P. Lawrence ~ otsef Director of Planning Chief A i strative Officer JAS*TTE*jp *Attach. April 9, 1987 CC: Steve Devescer Construction Ltd. John & Carol Muir R.R. #3 Group 24, Box $ R.R. #6, Group 20, Box 6 BOWMANVILLE''Ontario L1C 3K4 BOWMANVILLE, Ontario L1C 3K7 Mrs. Rose Planeta Ms. Heather Parchment R.R. #3, Group 13, Box 6 1226 Trowbridge Drive BUWhIANVILLE, Ontario L1C 3K4 OSNAWA, Ontario L1G 7H2 ~~ Cj C TOWN OF NEWCASTLE ~~~ REPORT File # Res_ # By-Law # ~Tj~,; General Purpose and Administration Committee pq'(E; Tuesday, September 2, 1986 REPORT #: Po-zo2-86 FILE #: 86-22/D S(Jg,~~j; APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN - 86-22/D APPLICATION FOR PLAN OF SUBDIVISION - 18T-86020 PART LUT 26, CONCESSION 2, former Township of Darlington S. DEVECSERI CONSTRUCTION LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-202-86 be received; and 2. THAT Official Plan Amendment Application 86-22/D.and Proposed Plan of Subdivision 18T-86020 submitted by Steve Devecseri Construction Limited be tabled pending the submi ssion and approval of an Environmental Impact Analysi s and an Engineering Report with respect to the proposed development; and 3. THAT a copy of Council's decision with respect to these applications be forwarded to the Region of Durham, the applicant and the interested parties indicated hereto. BACKGROUND: On March 27, 1986, the Planning Department was advised by the Region of Durham of applications submitted by Steve Devecseri Construction Limited to amend the Durham Regional Official Plan and for approval•of a plan of subdivision. The subject applications propose the development of an 18 lot residential subdivision on a 6.54 hectare (16.16 acre) parcel of land in Part Lot 26, Concession 2, former Township of ...2 v ~~~ c c. REPORT NU.: PD-202-86 Page 2 * Darlington (see Attachment #1). The subject site is currently designated "Major Upen Space" by the Durham Regional Official Plan with indications of Environmental Sensitivity along Black Creek. The Regional Storm Flood Line of black Creek encroaches into the northwestern portion of the subj ect site. The site is zoned "A-Agricultural" and "EP-Environmental Protection" by By-law 84-63. The subject applications were circulated to various agencies for comment by the Planning Department and the Region of Durham. The following is a summary of the comments received on both the Official Plan Amendment and the Subdivision applications: Town of Newcastle Public Works Department "No objection subject to the following conditions: 1. This Department's standard conditions of approval with respect to residential subdivisions; 2. That the developer bears the costs (100%) of any works on Hancock Road which are necessitated as a result of this development; 3. That the developer contributes to the costs of reconstruction of Hancock Road in accordance with Town Policy; 4. That the developer provides street lighting at Hancock Road and~.on the cul-de-sac". Town of Newcastle Community Services Department "No objection. The subdivision is outside the urban boundary and not within a hamlet and as such no parkland is required. We therefore recommend cash-in-lieu of 5% parkland dedication for this subdivision". Town of Newcastle Fire Department "No objection. Consideration should be given to the Town's Requirements for Rural Fire Protection. Response is from Station No. 4 located on Trulls Road north of Nash Road and watersupply is by fire department tanker truck". ...3 ~ C ~~ C~~ REPORT NU.: PU-202-86 Page 3 Central Lake Ontario Conservation Authority "The subject lands are situated within a forested interphase between the Black Creek valley system and the beach of glaci al Lake Iroquois. This particular reach of the Black Creek is documented as a coldwater sport fishery and the adjacent forect cover 1 i kely provides base flow augmentation and moderates the rate of snowmelt. The moderately to poorly drained soils of the site, Darlington and Granby sandy loams, have promoted the growth of forest cover which, in addition to the noted hydrologic functions, provides a corridor and refuge for wildlife. The opening of the forest to accanmodate development will of necessity remove some forest cover, but this will also increase the likelihood of wind throw damage to trees, and other impacts associated with opening a relatively closed forest. These can ultimately undermine successful and continued regeneration of the forest. Due to the interrelationship of forest, physical setting and coldwater fisheries in both the Black and Farewell Creek downstream, this section of the Black Creek valley is described as highly sensitive in this Authority's sensiti ve areas report. The impacts of develop ment, however have yet to be determined. Authority policy requires the submission of an environmental impact statement with a proposal that could have negati ve effects on an environmentally sensitive area. Since such a report has yet to be prepared, we recommend that the approval of proposed amendment 86-22/D be deferred pending the resolution of the issues noted herein". Region of Durham Health Unit "This subdivision is approved in principal by this Health Department, subject to the following conditions: 1. a) Unly drilled wells be permitted. b ) Dri 11 ed wel 1 s to be located i n front yards. 2. Lots #1 and #2 show the sewage system within the C.L.O.C.A. fill and construction limit, and since raised ti le beds wil l be required, i t does not appear that the proposed sites will be permitted. Lots #1 and #2 may have to be combined to form one property in order to provide sufficient suitable area for a disposal field. 3. Lots #7, #8 and #9 slope upwards from the rear of the house, (i.e., in the direction of the proposed the bed site). In order to provide suitable mantle area, the t he beds must be situated a distance of 50 feet to 100 feet from the house. This will undoubtedly require a pump system. 4. In order to avoid pump systems for the raised the beds, consideration should be given to designing homes with basements at or near existing grade and all or most of the plumbing on the upper levels". ...4 ~~ v t ~ REPORT NO.: PU-20'L-86 Page 4 Ministry of the Environment "No objection, condtional upon: Prior to final approval, the Ministry of the Environment is to be in receipt of a hydrol ogi st's report which ascertai ns the ava i 1 abi li ty of an adeq uate supply of potable water to service the development. The report should comment on existing quality as the potential for cross contamination and well interference". Ministry of Natural Resources "Black Creek, a significant Coldwater trout stream, lies to the north of the site. This creek is sensitive to water quality degradation. When we have completed our review of the draft plan of subdivision (18T-86020), we will address concerns for on-site erosion and the potential sedimentation of this watercourse. We have no objections to a residential designation on this property as our concerns for development will be addressed through co nditions of draft plan approval". Ministry of Agriculture and Food "Consideration has been given to the proposal in terms of the goals and objectives of the Ministry and the criteria and pol i ci es outlined i n the Foodland Guidelines. Based on our present knowledge, the Ministry has no objection to this proposal". The following agencies have indicated no objection to the subject proposal: - Town of Newcastle Buil ding Department - Northumberland & Newcastle Board of Education - Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board The applicant has submitted a Soils Investigation Report in support of the proposed residential development. This Report indicates that the topsoil has a high organic content and that the subsoil consists predominantly of sandy soils which are generally in a wet condition. The permanent ground water table lies at a shallow depth of about 2.Om below the prevailing ground surface, but would fluctuate and occur at a shal lower depth i n the wet season. Subsurface drainage'is poor to good, and the subsoil, which is predominantly sandy, is highly erodible. ...5 -- ~ ~~~ ~ ~ ~ REPURT NU.: PD-2U2-86 Page 5 The Report states that the site is suitable for the proposed residential development subject to certain necessary site modifications. The Report states that the wet condition of the subsoil can be alleviated by proper storm management - that is, regrading of site and instituting sw ales and ditch drainage systems. Excavation to moderate depths may encounter groundwater and vigorous pumping is likely to be required to stabilize the excavation. A review of Ministry of the Environment records indicates that there is sufficient groundwater for the proposed residential development. The Report further states that the site is appropriate for ground absorption of sewage effluent and recommends raised the beds and the stripping of all topsoil. The stripping of all organic topsoil in preparation for the road subgrade i s also recommended. The Report notes that the sandysoi 1 s are highly erodible and recommends that sodding take place immediately and no later than September to avoid the washing away of the sod in the wet season. A Public Notification sign has been posted on the property in accordance with Counci 1 policy. Two area residents have submitted letters objecting to the proposed development. The objections given by the residents are as follows: - land directly to the west is part of a dairy farm operation; i cattle manure i s spread on fields - impact on well water quality and quantity - impact on sewage effluent on creek - condition of Hancock Road - property i s wet - potential for negative impact on adjacent residential properties - i ncreased soi 1 erosion and sedi mentation i n B1 ack Creek COMMENT: Staff note that the applicant is 'proposing to develop the subject subdivision as a "Rural Cluster". However, the intent of the Official Plan ...6 ~ ~~~ c REPORT NU.: PD=202-86 Page 6 (Section 10.2.1.4) is for rural clusters to develop through severances along existing public roads. The Official Plan (Section 10.3.1.1) defines Estate Residential as occuring by registered plan of subdivision. The proposed development is proceeding through plan of subdivision and involves the construction of a new road. Staff are therefore processing the application pursuant to the Estate Residential provisions of the Official Plan. The Official Plan (Section 10.3.2.1) outlines criteria by which estate residential developments are to be eval uated. In general terms, these criteria require that the proposed development be located in a scenic, well-vegated area of rolling topography; that it not be located on lands having high capability for agriculture; that it not restrict the use of adjacent properties for agriculture; that it not create undue adverse effects on lands identified as being environmentally sensitive; that it not result in significant alteration to landscape contours, watercourses o r vegetation; and that it complies with the Agricultual Code of Practice. The subject lands are heavily treed and the proposed development would require substantial deforestation and site modification, as identified by the Soils Analysis submitted by the applicant. The Regional Offici al Plan only identifies that area immediately adjacent to Black Creek as possessing Environmentally Sensitive characteri stics, although the Conservation Authority has identified the entire site as being highly sensitive and has requested deferral of the application pending submission of an Environmental Impact Statement. The Ministry of Agriculture and Food has indicated no objection to the proposed development. Staff note that there are no livestock buildings located within 300 metres of the subject property as specified by Section 3.19(c) of By-law 84-63. An area resident has advised however that the property directly to the west is used for pastureland and is spread with manure. The Agricul tural Resource Inventory produced by the Ministry of Agriculture and Food identifies the lands west of Hancock Road as belonging to a pasture system - that is, extensive or unconfined grazing of livestock. ...7 r~ REPURT NO.: PO-202-86 Page 7 The Inventory also identifies the lands to the east of the property subject of the application as belonging to a pasture system, and the lands to the south as being used for good quality hay and pasture. Site inspections by Staff have confirmed the identifications given by the Inventory. The Regional Official Plan (Section 10.3.2.3) states that applications for approval of a plan of subdivision requires the submission of a detailed Engineering Report confirming an adequate supply of potable water, and adequate soil and water table conditions on each lot satisfactory for the effective operation of a private waste disposal system. The Soils Analysis submitted by the applicant indicates that there is suf ficient groundwate r for the proposed development; however, this comment is based upon a review of Ministry of the Environment well records and test boring on site, rather than test drilling. The Health Unit also indicates a number of concerns with respect to the suitability of the site for sanitary sewage di sposal ; these concerns are supported by observations presented in the Soils Analysis. Staff are not satisfied from the information available that the site is suitable for the proposed development. The development as currently proposed by the applicant proposes the creation of 18 lots with a minimum lot area of 3,000 square metres and a minimum ~ frontage of 30 metres. These di mensions correspond to the requirements. under the "Residential Cluster (RC)" zone of By-law 84-63; the minimum lot area and frontage requirements of the "Estate Residential (RE)" zone are 5,000 square metres and 40 metres respectively. The Regional Official Plan (Section 10.3.1.2) states that, as a guideline, estate residential development should not exceed a density of 5 persons per hectare. The developments currently proposed woul d have a densi ty exceeding. 8 persons per hectare. The Health Unit has indicated that some readjustment of lot lines may be required. As well, an Environmental Impact Analysis as requested by the Conservation Authority may identify a number of further plan modifications. It would appear therefore that revisions to the proposed plan are warranted based on the concerns identified above. ~~>> ...8 ~~>> REPORT NU.: PU-202-86 Page 8 Based upon the above-noted concerns, it is recommended that the subject official plan amendment and subdivision applications be tabled pending submission and approval of an Environmental Impact Analysis and a detailed Engineering Report with respect to the subject proposal. kespectful u d, T. T. Edwards, M.C.I.P. Director of Planning JAS*TTE*bb August 7, 1986 *Attach . cc Steve Oevecseri Construction Limited R.R. #3 Group 24, Box 8 Bowmanville, Ontario L1C 3K4 cc M rs. Rose Planeta R.R. #3 Group 13, Box 16 _Bowmanville, Untario L1C 3K4 cc John & Carol Mui r R.R. #6 Group 20, Box 6 Bowmanville, Untario L1C 3K7 ., f ,. ~, ~~~ 18T 86020 ' G1~G1~F7'_ ALAN OF' SL.IBaVVYSIION o~ r-e.Q.- o.< <.v.- ea. c~.~,e. r~- Tl"~WN OF NE~.v'C.4~STLE .~r3o~an[_ ~-+w~nLlYl~ Lam' lX.ca-lni-o ,~ ~~ d j •~-~----, ° :-tea _. .-- e ------- - - - ,~-- -;. I ~ !' ~~ ab -$,,} ,,~ ,:~ 6 I ~ ' y 'w ~+ 11ogCG..,.. n ' ~1 ~ A. ~ . • `Nip _ ~ It ~ l L'~ _ 1 ~ \Y -T 26, CONCESSION 2 <.. ,_+_}~' 4~~4.•, "~•-'~. TOWN of NEWCASTLE of *i .i ~ ~ :; ~ ~ ~, 1' ( i 1 .i i 1~~ j i ---~- 1 eg8p A_-_ ~~ ~- t, .~_ -_ ~ SUBJECT SITE i / 31 30 29 28 27 26 25 24 23 tl A ~ 1 ' - __ ~ ~ i Al 1/ _ (4~ ~ tifffff „ ~ M3 ~ :l ~ c~ SEE ~ ~0 A SCHEOUIE Y (COUMTICEI 1 A ~' ~E- ~ ~ a,,,, A ~ < ~' 1 t ~ z ~ ¢ ~ ~ ~ ~ ~ ` N ~ W 1 ~q a I U 1 O HO 700 1000. KEY MAP ~ ~ c Q c I~ ~i ~ o ~ ~ ~~ ~~~ ~ ~ ~ ~ , ,. ~ ~.~ ~Y ~~. TOWN OF NEWCASTLE 18T- 86020 ~Cy