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HomeMy WebLinkAboutPD-5-88 DN: 5-88 TOWN OF NEWCASTLE r �} s, REPORT File # � � T, Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 4, 1988 REPORT #: PD-5-88 FIIF 87-29./D and DEV 87-88 SUB,ECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 87-29/D REZONING APPLICATION - FILE: DEV 87-88 APPLICANT: ' 542985 ONTARIO LIMITED PART LOT 15, CONCESSION 3, DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-5-88 be received; and 2. THAT Official Plan Amendment Application 87-29/D and Rezoning Application DEV 87-88 submitted by 542985 Ontario Limited to permit the creation of seven (7) estate residential lots in Part Lot 15, Concession 3, Darlington, be referred back to Staff pending resolution of the various concerns; and 3. THAT a copy of Council's decision be forwarded to the applicant. BACKGROUND: On May 27, 1987, the Town received notice from the Region of Durham of an application submitted by 542985 Ontario Limited to amend the Durham Regional Official Plan to permit the creation of seven (7) estate residential lots in Part Lot 15, Concession 3, Darlington Township (see Key Map) . Subsequently, on November 2, 1987, the applicant submitted an application to rezone the subject lands to . . .2 REPORT D0. : PD-5-88 PAGE 2 _______________________________________________________________________________ permit the proposed development. The site is also the subject of a subdivision application 18T-87076. The subject site has o total of 5.4 hectares, of which only 3.5 ha is proposed for development. The remainder is lands associated with Boomauville Creek. The lands are designated "Major open Space" with indications of Environmental Sensitivity by the Regional official Plan, and are zoned "Agricultural (A)" and "Environmental Protection (EP) " by By-law 84-63. As required by the Regional official Plan (Section 10.3.3.3) , the applicant has provided a preliminary analysis of the soil and groundwater conditions, and landscape features of the subject site. Development activity is to be contained within the tableland above the creek valley. Major valley walla are in a stable condition with sufficient mature vegetative cover to provide stability. Saturated soil conditions seasonally occur at Ieaa than 1.0 metre depth. Raised bed sewage systems may be required, although the ourfioial sand veneer has sufficient unsaturated tbinku000 and permeability to function as a natural mantle. Adequate area appears available on the lots to permit the installation of a raised bed mantle. Sufficient dilution of sewage effluent should occur to maintain drinking-water standards to flow reaching deep aquifers and discharging along the slopes of the BovwnaovlIIe Creek valley. A survey of area wells indicates that the deep overburden and bedrock aquifers underlying the proposed ' development would provide sufficient quantities of water, although the water is expected to be very hard and to contain excessive amounts of iron and possibly obIocidm' as well as variable amounts of methane gas. Treatment of the water may therefore be required to provide suitable supplies. The report concludes that there obooId not be any noticeable impact on the quality and quantity of water available to neighbouring wells. The following is o summary of the comments received to date on the applications for Official Plan Amendment and Rezoning: REPORT NO. : PD-5-88 PAGE 3 -------------------------------------------------------------------------------- Town of Newcastle Public Works Department "We have reviewed the subject application and submit the following comments: 1. That the unopened road allowance between Concession 2 and 3 be closed and conveyed by by-law to the abutting property owners for a distance of + 391 metres; 2. That the section of Old Scugog Road that connects with Regional Road 57 be physically closed by means of removing the road; 3. Subsequent to the above, the developer shall contribute to the costs of reconstructing the unnamed road which connects Regional Road 57 and 01d Scugog Road; 4. That the Region of Durham be solicited for comments regarding the following: a) closure of Old Scugog Road at Regional Road 57 and the moving of that intersection to the unnamed road; b) street lighting on the local road may interfere with motorists on Regional Road 57 because of difference in road elevations; c) headlights from motorists on Old Scugog Road may interfere with motorists on Regional Road 57." Town of Newcastle Community Services Department "No objection. We recommend that cash-in-lieu of 5% parkland dedication be requested." Town of Newcastle Fire Department "This Department would note an objection to the above-headed application. This development represents seven (7) residential units, which will result in a population increase of approximately 21 persons. This part-time Fire Department (4 fulltime firefighters) will not be able to maintain the existing level of emergency service, considering all of the development that is taking place throughout the Municipality. This development is within the five mile limit of Station 1 for insurance purposes. Water will be supplied by fire department tanker." Region of Durham Works Department - June 5, 1987 "The development concept plan, which indicates no direct accesses onto Regional Road 67, is generally acceptable to us in principle." . . .4 REPORT NO. : PD-5-88 PAGE 4 ------------------------------------------------------------------------------- Region of Durham Works Department - December 9, 1987 "This department has reviewed the comments of the Town of Newcastle Public Works Department and has no objection to either the proposed closure of old Scugog Road at Regional Road 57 or the installation of street lighting on the proposed internal road." Central Lake Ontario Conservation Authority "Authority Staff have completed a review of the subject development applications. The rear limits of the proposed lots established in consultation with Authority Staff and the top of bank delineation is generally acceptable. The subject lands contain the Bowmanville Creek valley which is portrayed as regionally significant in this Authority's 20-year acquisition plan. As such, the open-space block on the plan should ultimately come under public ownership. Subsequent to our review of the site and the submitted background data, we require further information to evaluate the proposed amendment. The information we require pertains to the following: Storm Drainage The site drains westward to the Bowmanville Creek. During our site inspection, it was noted that the flow route through the property is a relatively large gully area which leads to the creek top of bank. Traditionally, storm drainage design follows the natural drainage pattern. In this instance, however, it may not be appropriate to direct urban rates and volumes of run-off over the top of slope or to construct storm outfall works near the creek in this area. The creek banks are almost vertical, eroding, and about 25 to 30 feet in height. Considerable damage could occur from the clearing of vegetation, trenching, outfall construction, and cutting-back of the slope to ensure stability. Difficulties could also be encountered in gaining access to effect maintenance. Alternatives should be investigated and a preliminary drainage concept prepared which minimizes environmental impact. Hydrogeology The subject property exhibits a high water table with seepage areas and swales flowing towards the Bowmanville Creek. our objectives are to ensure that surface water quality is protected and that the approval process on a lot-by-lot basis for sewage disposal will be cognizant of site conditions documented during the wetter time of the year. 5 REPORT D0. : PD-5-88 PAGE 5 _______________________________________________________________________________ Central Lake Ontario ti Authority ( "d) We require further information from the applicant's bydcogeoIogiot as follows: l. The bydzugeoIogical report documents groundwater seepage at about l metre depth in four (4) of the test pits on-site, and at 0.35m in one Bit. The length of time between the observation of seepage and the determination of the water table level is not provided. In some instances involving fine sands and silts, the actual water table level may be higher than the seepage line in the freshly excavated pit, but sufficient time must be allowed to pass for the water table to become established. Also, if the stabilized water table levels are non-uniform as the seepage elevations in the teat pits are, this mould suggest that the confining layer is also at different depths at different lots. This is illustrated by the difference in the aoboozfmoe between test pits 3 and 5. Although only 230 feet apart, pit 3 was dry to u depth of 2.5 metres, whereas pit 5 exhibited seepage at 0.35 metres depth. Since water table determinations were not made on each lot, it may be difficult to accurately aoaeoo the site when applications for private sewage disposal systems are made. If the lots are inspected during the drier nmotbo of the year, soil conditions may vary oigu±icautly from those which would be found at other times. Unless the water table elevation is established on each lot, under wet conditions, how could the need for raised tile fields be addressed if the site was inspected in July? The brown colouring of the profile below the seepage line in the teat pits suggests a widely fluctuating water table level. 3. The Bydcogeologin Report gives a figure of 7 cubic metres/day/hectare ceobecge over the site. This is apparently a yearly average figure. We would like to review an effluent dilution calculation using seasonally adjusted low flows in the aquifer, which indicates oDgcmdieut contributing recharge areas and is related to existing developments. Impacts on the spring line and Bnvmauvilla Creek should be provided. 3. The Hydrogeologio Report also specifies that raised-bed sewage systems may be require throughout the property. This determination obooId be made by the BydcogemIogic Study. The need for raised tile fields should not be left to be decided when each lot is inspected for a private sewage disposal system approval. & mid-summer site inspection could not be expected to reveal the subsurface conditions documented in December' 1986 by the 8ydcogeologioal Report. Pending the resolution of the ooucecuo described above, further comments will be provided for your consideration." I el BDP0fyT 00. : PD-5-88 PAGE 6 _______________________________________________________________________________ Ministry of Natural Resources "The 8owmauville Creek and its associated valley system are located in the western portion of the property. This watercourse is a significant ooldwatec trout stream which is sensitive to water quality degradation. Activities on-site which may cause erosion should be carefully controlled in order to minimize excess sedimentation of the BnvmnauviIIe Creek. Currently, the Durham Regional official Plan designates the valley system as "Major Open Space", "Hazard Land", and "Environmental Sensitive Area". We support these designations as they restrict intensive development activities in the valley. This area is also appropriately zoned "Environmental Protection (EP)'` in the Town of Newcastle Zoning By-law 84-63. The Ministry of Natural Resources has no objections to the cedeoiguatioo of Lots l to 7, on the "Development Concept Plan", to allow for estate residential development. We would, however, recommend that the "Open Space Block" of this same plan remain in the restricted use designation. When we receive the subdivision plan, we will recommend conditions of approval that will further address the above-noted oouoecoo.n Region f Durham Health Department "Please be advised that this department has no objection to the subject official Plan Amendment. However, the number of lots that are suitable for on-site sewage disposal will be determined when the subdivision proposal are circulated to this department along with other pertinent information." The following agencies indicated no objection to the subject Official Plan Amendment application and/or the rezoning application: - Town of Newcastle Building Department - pobIin School Board (Official Plan Amendment only) - Separate 8obnoI Board (Official Plan Amendment only) / - Newcastle Hydro Electric Commission - Ministry of Agriculture and Food COMMENTS: The most aigofioeut c000ecuo identified through the circulation of the subject Official Plan Amendment and Rezoning Applications are in respect of the suitability of the site to accommodate private wnsote disposal systems. A REPORT NO. : PD-5-88 PAGE 7 --------------------------------------------------------------------------------- requirement of the Regional Official Plan (Section 10.3.2.1) is that an application for estate residential development should be accompanied by a preliminary analysis of the soil and groundwater conditions of the site in question indicating satisfactory conditions for private servicing. As noted earlier in this Report, the Hydrogeological Study documents the presence of a high water table on-site ranging in depth from 0.3 metres to about 1.2 metres. The study states that this condition may necessitate the installation of raised tile beds on-site, and that sufficient area appears to be available on each of the lots for the installation of such a system including the required 15 metres mantle. Central Lake Ontario Conservation Authority has expressed a concern with the presence of the highwater table and notes that it may be difficult to accurately assess each lot when applications for sewage disposal systems are made inasmuch as water table determinations were not made for each lot. The Health Unit has indicated no objection to the subject proposal but has qualified this comment by stating that the number of lots suitable for on-site sewage disposal will be determined at the subdivision application stage. In this regard, Staff note that 4 of the lots have areas of only 2940 square metres, while the largest lot only has an area of 3005 square metres. This is considerably smaller than the 4800 square metres minimum area requirement given by By-law 84-63 for Estate Residential lots and, for 6 of the lots, smaller than the minimum 3000 square metres lot area for lots in the "Residential Cluster" and "Residential Hamlet" zones. Staff also note that 2 of the lots have substantial forest cover which will require some clearance in order to provide adequate unshaded area for the operation of a tile bed. Based on the comments from Central Lake Ontario Conservation Authority and the Health Unit and Staff's own assessment of the Hydrogeological Report, Staff are not satisfied that the suitability of the site to provide private sewage disposal for 7 lots has been adequately demonstrated. Central Lake Ontario Conservation Authority has noted a concern with the data in the Hydrogeological report regarding effluent dilution and has requested a revised calculation using seasonally adjusted low flows in the aquifer. As . . .8 REPORT 0O. : PD-5-88 PAGE 8 _______________________________________________________________________________ well, the Authority has questioned directing urban volumes of storm run-off over the top of the steep and eroding banks of the 8nvmnauvilIe Creek. Both the degree of sewage effluent dilution and the discharge of storm water have the potential to significantly impact the water quality of BowmmoviIIe Creek. In addition to the cmucecua identified by Central Lake Ontario Conservation Authority, Staff also reference the objection to the proposed development submitted by the Fire Department. 0evectbeIeao, given the need for additional information regarding the suitability of the site for private sewage disposal, effluent dilution and storm drainage, Staff do not feel that a recommendation on the principle of development on the subject site can be made at this time. It is therefore recommended that the subject Official Plan Amendment and Rezoning application be referred buoh to Staff pending the resolution of the various concerns. Respectfully submitted, Recommended for presentation to the Committee pir --�'-�---Z�---------- 7-7----r ----------------- T.T. Ed s' �.C.I.�. ���ou Kotoe�� / De�tor o� �lmuoiog Cbie� &�� iat�ative O��ioer / V ` | JA8*TTE* 'ip *Attach. December 15, 1987 CC: D.Q. Biddle & Associates Ltd. 96 King Street East O88&WA' Ontario LIB lB6 CC: 542985 Ontario Limited 429 Lakeshore Drive PORT PERRY, Ontario L08 l0O LOT 15 , CONC. 3 a> h - h i t 3 ke$ 3 ' I I 8 8 .i a tt 5 O 8 O +�8 8 y t / Q O � TAUNTON C3-6 ROAD I � P i o Z A 0 I 0 cn APPLICATION TO AMEND THE OFFICIAL PLAN I a° !I W OF THE REGIONAL MUNICIPALITY , I v -� & o Z PART OF LOT 15 , CONC. 3 j I a 2 O (FORMER TOWNSHIP OF DARLINGTON) I I ZO i u TOWN OF NEWCASTLE i EP w REGIONAL. MUNICIPALITY OF DURHAM I Al ' f 1 A I M A'1 W M3 A C I o , o: cn I w RE-4 1 0 W ; Al0 co R I V 87-29/D I 17 16 15 14 13 SUBJECT SITE