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HomeMy WebLinkAboutPD-248-90 ""�'"' TOWN OF NEWCASTLE DN: ABSEC.GPA REPORT File # !z) •Je / Res. # By-Law # METING: General Purpose and Administration Committee DATE: July 23, 1990 REPORT #: -p-Q-249-90 FILE #: 2 6_ n— CT' APPLICATION TO AMEND DURHAM REGIONAL PLAN ABSEC PROPERTY DEVELOPMENT INC. (FORMERLY 667433 ONTARIO LIMITED) PART LOTS 13/14, CONCESSION 3, DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-248-90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application File 86-52/D submitted by Absec Property Development Inc. to permit the development of a 37 lot estate residential development in Part Lots 13 and 14, Concession 3, former Township of Darlington, be denied; and 3 . THAT a copy of Council's decision be forwarded to the Region of Durham and the applicant. 1. APPLICATION INFORMATION 1. 1 Applicant: Absec Property Development Inc . (formerly 667433 Ontario Limited) 1.2 O.P.A. : From mineral aggregate resource extraction (Area #57) in the major open space system to permit a 37 lot estate residential development. 1. 3 Area: 30 . 3 hectares (74 . 8 acres) REPORT NO. : PD-248-90 PAGE 2 2. LOCATION 2 . 1 Legal Description: Part Lots 13 and 14, Concession 3, former Township of Darlington 2 .2 Relative Location: North of Concession Road 3, south of Concession 4, west of Middle Road and east of Regional Road 57 . 3. BACKGROUND 3 . 1 Notification of Application Date: On July 17, 1986, the Town of Newcastle was advised by the Region of Durham of an Official Plan Amendment application submitted by 667433 Ontario Limited. 3.2 Previous G.P.A. Referral: On November 17, 1986, G.P.A. resolved (Resolution #GPA-1036-86) that Report PD-280-86 be tabled to allow discussion between the applicant's Engineer, Staff and Central Lake Ontario Conservation Authority and to allow a further review of the proposal. 3 . 3 Ownership Change: Between February 1989 and May 1989 Mr. Robert Craig, representing 667433 Ontario Limited, sold the land parcel to Mr. Pramad Kumar of Absec Property Development Inc. 4. LAND USES 4 . 1 Existing Uses: Vacant, abandoned gravel pit. 4 .2 Surrounding Uses: East: Bowmanville Country Club West: Estate Residential South: Scrub forest/residential North: Scrub forest/residential 599 49 REPORT NO. : PD-248-90 PAGE 3 5. OFFICIAL PLAN POLICIES 5 . 1 Durham Region Official Plan 5 . 1. 1 The site continues to be designated as Mineral Aggregate Resource Extraction Area #51 although the Ministry of Natural Resources cancelled the pit licence on August 19, 1986 . It would appear that this designation is now obsolete, however, the designation has not been deleted from the plan because of the impending Official Plan Amendment, which is the subject of this report. 5 . 1.2 The site is within the Region's Major Open Space System. A limited number of estate-residential subdivisions on large lots may be permitted as an exception to the "General Agricultural" and "Major Open Space" policies by amendment to the Durham Region Official Plan. The limits to the numbers of such estate-residential subdivisions shall be established by their scale and location, their financial implications for the Region and their effect on the Region's transportation facilities and utilities . 6. PUBLIC RESPONSE 6 . 1 On November 17, 1986 one delegation appeared before the General Purpose and Administration Committee (ie. Irwin A. Hamilton, Barrister, 43 Ontario Street, Bowmanville) as one of the four principals associated with 667433 Ontario Limited. Mr. Hamilton stressed that the lake within the property will "give tremendous year-round enjoyment, skating in winter and fishing in the summer" . Mr. Hamilton also noted that the gravel track around the lake will become a jogging track. Mr. Hamilton also stated that the lots will be serviced by wells and septic tanks and that no added services will be required and also, the environmentally sensitive areas will suffer no adverse affects as the company's engineers can address all of C.L.O.C.A. 's 59 :,) 0 REPORT NO. : PD-248-90 PAGE 4 concerns . Mr. Hamilton concluded with a request for support for this proposal. (Later the property was sold by 667433 Ontario Limited to Mr. Pramad Kumar of Absec Property Development Inc . ) 7. AGENCY COMMENTS 7 . 1 In accordance with Departmental procedure, the application was circulated to various agencies and departments for their review and comment. The following agencies/departments offered no objection to this application: Town of Newcastle Building Department Town of Newcastle Fire Department Public School Board Separate School Board Ministry of Agriculture and Food Ministry of Natural Resources As well, the Town of Newcastle Community Services Department has no objection as long as the municipality takes cash-in- lieu of 5% parkland dedication. The Durham Region Department of Health Services has no objection provided the applicant submits a revised site plan that is to be registered on title of all the newly created lots . 7 .2 The Town of Newcastle Public Works Department stressed that the owner(s) shall meet standard department requirements, bear all costs for work on Middle Road caused by the development, contribute to the costs of reconstructing Middle Road, provide street lights for Middle Road and the development, and if the lake is to be used for recreation then road drainage into it is not permitted. 7 .3 On March 9 , 1988, Central Lake Ontario Conservation Authority raised several concerns which have yet to be answered: 50 `I REPORT NO. : PD-248-90 PAGE 5 - the lake on site is 2 . 6 hectares but the original assimilative capacity model was applied to much larger lakes, ie: larger than 100 ha. - water quality has yet to be assessed in light of the freezeover factor. - the dissolved oxygen supply has yet to be assessed in light of the increased phosphorus uptake. - It is not clear how the desired phosphorus loss rate to bottom sediments will be achieved. - in the previous assimilative capacity report, surface runoff and groundwater contributions were calculated on the assumption that the contributing areas would remain in their existing states but, this assumption is doubtful. Another C.L.O.C.A. concern which has never been answered is that regarding the site's lake and the matter of its maintenance, future residents would not necessarily be able to monitor or correct water quality problems . 7 .4 The Ministry of the Environment was concerned that a substantial portion of the site was used for the disposal of construction waste. Therefore, the Ministry objected to the application, at that time and until the completion of an impact study of the waste on the site. That study was completed and submitted as part of the Groundwater Analysis Report of June 1988. Although the Ministry has responded with further comments, these have yet to be addressed. 8 . SUMMARY OF TECHNICAL REPORTS 8. 1 Landscape Analysis Mr. Robert Craig, the earlier landowner, submitted a landscape, soil and hydrogeologic analysis report in July 1986, which noted that: the site was largely devoid of vegetation due to extraction activities; 599 51 REPORT NO. : PD-248-90 PAGE 6 the existing lake be retained; a stormwater retention pond be created; the two water bodies be used for recreation; and the water bodies be owned in common by the residents who will be responsible for liability and maintenance. 8 .2 Lake's Assimilative Capacity The same landowner submitted an assimilative capacity analysis report for the lake in February 1987 to C.L.O.C.A. and it stated: the 1987 water quality was good; a worst-case scenario for phosphorus loading may fall marginally below M.O.E. acceptability standards; and a noticeable phosphorus enrichment may appear in about twenty (20) years, diminishing swimming opportunities and aesthetic features. 8 .3 Lake's Assimilative Capacity Update The above report ( 8.2) was updated by a letter report in October 1987 and it said: the phosphorus loading model has been adjusted to accommodate the revised site plan; the worst-case scenario indicates the impact will be marginal; and it can be monitored and reduced with several supplementary measures. 8 .4 Hydrology Analysis The same landowner submitted another report in October 1987 discussing several matters, including surface water, site plan redesign and ownership/maintenance of the lake. 999 r� `!� REPORT NO. : PD-248-90 PAGE 7 Regarding surface water, it was proposed that no development occur within the floodplain. The site's major drainage feature consists of a watercourse that enters the property from the northeast corner and flows southwest into the lake. Under low-flow conditions the water in the lake drains through the ground water regime but with intense storm incidents the lake will overflow to the surface water regime. It was proposed that a dyke contain the lake and that it be graded to provide a controlled overflow at the west end of the lake so that runoff will follow an engineered floodway to the site's southeast corner to meet the upper end of a natural watercourse flowing into Bowmanville Creek. This floodway conforms to C.L.O.C.A. policies . The road drainage system will collect drainage from most of the subdivision lots area and move it to southeast corner of the site bypassing the lake. The redesigned site plan incorporated the deletion of five lots along the north side of the lake and the related access road (which extended east to Middle Road) . Regarding ownership of and responsibility for the lake and its shoreline, it was proposed that the shore lands be conveyed to a private Ontario corporation run by shareholders who would be the owners of the subdivision lots . 8.5 Groundwater Analysis The final report commissioned by Mr. Robert Craig was a groundwater report, prepared in June 1988. This report stated that the west margin of the site was overlain by a veneer of fill, as deep as 3 . 3 m. However, most of the fill was clean sand and gravel. Imported fill, consisting of earthfill with some construction rubble, was in the southwest portion of the fill area. The imported fill has not affected water quality. Melted "plow snow" and agricultural land drainage increased phosphorus and nitrates levels in the soil. However, each lot 599 REPORT NO. : PD-248-90 PAGE 8 would be serviced with an individual drilled well that would penetrate the surf icial granular material to tap water bearing zones in the deeper overburden. The deep wells would ensure adequate future potable water supplies . 9. STAFF COMMENTS 9 . 1 The General Purpose and Administration Committee tabled the first report associated with this official plan amendment application on Monday, November 17, 1986 . This report, attached hereto as Appendix A, was tabled to allow discussion between the applicant's Engineer, Staff and C.L.O.C.A. and to allow a further review of the proposal. 9 .2 After the ownership of the property changed, Staff contacted the new owner, notifying him of a meeting for the O.P.A. 86- 52/D application, scheduled for June 1, 1989, to determine the new owner's intentions with respect to the application. The above meeting was held with Pramad and Lucy Kumar (representing Absec Property Development Inc . ) and Sarj Matharu (a consultant to the above mentioned company) . Mr. Matharu stated that they needed time to respond to the technical aspects of the application's more problematic areas of concern. On August 16, 1989, Staff wrote Mr. Pramad Kumar, stating that the Department had not received an indication as to whether Absec would be revising the site plan for the Official Plan Amendment application (OPA 86-521/D) . There has been no response to this letter and Staff notes the property is presently for sale. 9 . 3 Staff decided to prepare a Staff Report with respect to this application. The previously mentioned first report (PD-280- 86) on this application recommended that the application be 599 � `� REPORT NO. : PD-248-90 PAGE 9 denied. Staff has reviewed the first report again and, recommends that the application again be denied. The concerns which prompted the previous application denial are in many cases still valid. These concerns are: C.L.O.C.A. has a concern that potential groundwater recharge during dry periods when combined with tile field leachate, may contribute to water quality degradation. C.L.O.C.A. has a concern that "lake management" strategy will leave management of the lake and shore to homeowners who might not notice water quality problems, or if they did see them, could not effectively mitigate them. Furthermore, this ownership/management strategy has never been developed in detail . Staff are concerned that the application would establish a new area of non-rural development and consequently increase the development pressures on adjacent properties . Staff are also concerned that development of this site for estate residential purposes would be detrimental to the planning of future development for the north part of Bowmanville if and when the Bowmanville Urban Area is extended to the north to encompass the site. 9 .4 Since the preparation of the above report, Staff have further reviewed estate residential development trends in the Town of Newcastle. A research report (PD-61-89) notes several disturbing developments: 73% of all rural building permits issued for new residential units from 1984 to 1988 (inclusive) are for rural areas outside hamlets; 64% of all lots in Plans of Subdivision registered from 1984 to 1988 (inclusive) are estate residential rather than hamlet residential; 599 'D6 REPORT NO. : PD-248-90 PAGE 10 in late 1988/early 1989 there were 193 registered, draft approved or proposed estate residential lots north of the Bowmanville Urban Area and, the Durham Regional Official Plan notes that generally hamlets shall not grow beyond a total of 150 units and furthermore, there are no designated Hamlets in the area north of Bowmanville Urban Area. Estate residential land use is an exceptions use, according to Section 10.3. 1. 3 of the Durham Regional Official Plan: "A limited number of estate-residential subdivisions on large lots may be permitted by amendment to this Plan. The limits to the numbers of such estate-residential subdivisions shall be established by their scale and location, their financial implications for the Region and their effect on the Region's transportation facilities and utilities . " The Durham Regional Official Plan emphasizes the protection and development of agricultural and aggregate mineral resources . PD-6-89 research report cites three Plan goals that have this emphasis: i) the protection of high potential mineral aggregate resources from incompatible land uses; ii) the protection and encouragement of agriculture by establishing permanent agricultural reserves; and iii) the protection of unique attributes of the Region's landscape including the Oak Ridges Moraine, the waterfronts, conservation areas, valleylands, marshes and other natural environments and recreational resources . The same research report goes on to state the emphasis towards hamlets in rural residential development in the following terms: REPORT NO. : PD-248-90 PAGE 11 "With these goals in mind it is the intention of the plan that new residential development be encouraged to develop within the Hamlets and Urban Areas designated within the plan. " The application proposes development with a contrary emphasis . 9 .5 All applications to amend the Durham Region Official Plan to allow for estate-residential development are to be considered on their merits and subject to several considerations, which are listed in Section 10. 3 .2 . 1 of the Durham Region Official Plan. Since the development proposal associated with this application would privatize the site's lake and the shoreline around it, it is possible that the development proposal could contravene Consideration b) in Section 10.3 .2 . 1 which is as follows: "The proposal preserves visual and physical public access to significant scenic vistas and physical landforms; " Since the development proposal may have an impact on the site's lake and on a tributary of Bowmanville Creek, it is very possible that the development proposal could contravene Consideration f) in Section 10 . 3.2 . 1 which is as follows: "the proposal does not create undue adverse effects on lands identified by Regional Council, the Ministry of Natural Resources or the Ministry of the Environment as environmentally sensitive areas; " It would appear that this estate residential proposal does not meet two of the considerations listed. 10. CONCLUSIONS 10. 1 In conclusion, Staff sees no reason to revoke the earlier recommendation of denial but instead, wishes to reaffirm the denial position. 599 C� 8 REPORT NO. : PD-248-90 PAGE 12 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I .P. Lawrence Kotseff Director of Planning Chief A i istrative and Development Officer RR*FW*df *Attach 16 July 1990 Interested parties to be notified of Council and Committee's decision: Pramad Kumar Robert Craig Absec Property Development Inc. R. R. #5 483 King Street East, Bowmanville, Ont. L1C 3K6 Newcastle, Ontario. LOA 1HO Walter H. Gibson, P. Eng. Walter H. Gibson and Associates Ltd. P.O. Box 148 Bowmanville, Ontario. L1C 3K9 D.G. Biddle and Associates Consulting Engineers and Architects 96 King Street East Oshawa, Ontario. Ronald F. Worboy Barrister and Solicitor P.O. Box 21, 153 Simcoe Street South Oshawa, Ontario. L1H 7K8 Barbara Kennedy 587 Digny Avenue, Apt.5 Oshawa, Ontario. L1G 1W7 Hamilton & Associates Mr. Irwin Hamilton Barristers and Solicitors, P.O. Box 39, 1 Division Street, Bowmanville, Ontario. L1C 3K8 Henry Kortekaas and Associates 82 Sherwood Road East Village of Pickering Ajax, Ontario. L7V 2B4 9 �? �) C 11111111 SUBJECT SITE IT 16 15 14 13 12 it Zei A.I •� x A 1 W ♦ M W �OOU. KEY MAP TOWN of NEWCASTLE . Formerly Township of Darlington 509 f �