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HomeMy WebLinkAboutPD-12-88 DN: 12-88 �yy) TOWN OF NEWCASTLE lot C, f8. p REPORT File # GQ Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 18, 1988 REPORT #: PD-12-88 FILE #: 86-22 D and 18T-86020 SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 86-22/D SUBDIVISION APPLICATION - FILE: 18T-86020 PART LOT 26, CONCESSION 21 DARLINGTON APPLICANT: DEVESCERI CONSTRUCTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-12-88 be received; and 2. THAT Report PD-120-87 be lifted from the table and received for information; and 3. THAT the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application 86-22/D and Subdivision Application 18T-86020 submitted by Devesceri Construction Ltd. to permit the development of twelve (12) estate residential lots in Part Lot 26, Concession 2, former Township of Darlington, be denied; and 4. THAT a copy of Council's decision be forwarded to the Region of Durham, the applicant and the interested parties indicated hereto. BACKGROUND: On September 2, 1986, Committee considered Staff Report PD-202-86 (Attachment No. 2) in respect of an Official Plan Amendment application and Subdivision application . . .2 REPORT 0O. : PD-I3-88 P&g8 2 _______________________________________________________________________________ submitted by DeVeaoeci Construction to develop an IO lot residential subdivision on a 6.54 hectare (16.I6 acre) parcel of laud in Pact Lot 26, Concession 3, Darlington. The subject site in designated "Major 0geu Space" by the Regional official Plan with indications of Environmental Geuaitivitl, along Blank Creek. The Regional Storm floodIiue encroaches into the northwest portion of the site. The site is zoned "Agricultural (A)' and "Environmental Protection (89)» by By-law 84-63. The Report recommended that the applications be tabled pending the submission and approval of an Environmental Impact Analysis and an Engineering Report with respect to the proposed development. Committee and Council resolved to adopt the zaoummaodmti000 in the Staff I0ypurt. On April 21' 1987' Committee considered Staff Report PD-130-87 (Attachment 0u. 3) vvbiob noted that the application had been revised to indicate only 13 lots. This Report noted the existence of a very high water table over most of the site and that the Regional Health Unit and Central Lake Ontario Conservation Authority indicated they were unable to support the subject applications. Based on these considerations, as well as the proximity of the site to active agricultural operations and Council's direction to Staff to review the implications of removing the lands east of Couctioe Road from the Urban Area, Staff recommended denial of the subject applications. Committee resolved to adopt Staff's recommendations, however, on April 37, 1987, Council resolved to refer Report PD-I30-87 back to Staff for further review and n subsequent report. Technical information submitted by the applicant confirms that the site lies within the drainage basin of Black Creek and contributes to the baaefIuw of the creek through surface run-off and groundwater seepage. The groundwater baoefIom through the site is substantial. Groundwater levels are very high over most of the site, ranging from 0.3 metres to about 1.0 metres, and atbeue high levels are sustained for moob of the year. The topsoil has a high organic content and the sub-soil consists predominantly of wet sandy soils. The west half of the site is situated in an area of groundwater discharge with /^\ lYU)/ REPORT 00. : PD-I2-88 PAGE 3 _______________________________________________________________________________ groundwater at or very near grade. Goboucfuoe drainage in this area is restricted by barriers of impermeable clay and impermeable till. & miunc groundwater divide traverses the site (6I% of the site dcoiva toward Black Creek) and the lands in the eastern one-third of the site are generally drier. However, the impermeable till layer which underlies most of the site also iutecfeca with subsurface drainage in this area and a few shallow depressions contain occasional standing water. As indicated earlier, the Health Unit had indicated an objection to the subject applications due to the presence of the high water table and poor surface drainage. The most recent drainage report submitted by the applicant addresses ' the Health Unit's oouoecua by proposing a drainage plan to permanently lower the groundwater table to a depth of 0.9 metres below grade. The aubaocfome drainage plan involves the use of buried, perforated pipes with two (2) outlets for discharge into Black Creek, and shallow drainage owalea to control surface drainage. The removal of the organic topsoil and the importation of soil for raised tile beds is also recommended. The technical information submitted by the applicant also addresses the impact of site dewatociug upon Black Creek and on-site vegetation. This information indicates that the groundwater discharge and flow augmentation function of the site in regards to Black Creek will be maintained. only a portion of the existing baaeflow through the abaIIom aquifer presently migrates to the Creek, with losses occurring through downward percolation and the lateral transfer to the south watershed. It is stated that the proposed drainage system will actually increase the baoefIow into Black Creek by iuocoaoiug the efficiency of aoboocfaoe drainage and by increasing the ooboocfmne drainage basin by collecting water across the groundwater divide. It is further stated that baaefImx should not appreciably diminish during the dry summer nmutbo since much of the site lies in an area of groundwater discharge, and that the influence of sewage loading on the shallow and deep aquifers, as well as Black Creek, should be negligible. /+J /V \v' REPORT NO. : PD-I2-88 PAGE 4 _______________________________________________________________________________ It is stated that dewateciug of the site will not lower the groundwater to such an extent that it will have a drastic adverse effect on the existing vegetation. The drainage system will only reduce the peaks in groundwater levels during the aDciug when there is eooeao water of no use to the vegetation and there will continue to be acceptable groundwater levels year round for the growth of existing vegetation. It is also stated that the site is not significant in terms of wildlife, based on Canada Lam] Inventory rates and the lack of reported oocuraoceo of uncommon or oiguficaut animals or birds. It is stated further that the greater length of edge vegetation resulting from site dewateriog would encourage wildlife to remain. The watershed study undertaken by Central Lake Ontario Conservation Authority in 1978 in referenced as defining the area of the site as having o moderate sensitivity due to its prooimitiy to Black Creek. Copies of the drainage report were circulated to the Health Unit and Central Lake Ontario Conservation Authority for their review. The comments submitted by these agencies are submitted below: Region f Durham Health Unit "The above-noted subdivision is approved in principal by this Health Department, subject to the following conditions: l. only drilled wells to be installed. 2. Tile beds for lmto 1,2,7,8 & 9 obooId have tile beds at the sides of the houses, which moot be offset doe to C.L.O.C.J\. 'o requirements for fill and construction limits and due to the slope of the laud for Lots 7,8 6 9. 3. All tile bed areas must be raised with granular fill, therefore b000eo with basements at or near existing grades, should be designed in order to eliminate the need for pumps. 4. The impact on wells to the west and south of the proposal, by lowering the water table, should be studied prior to any final approval of this subdivision." ^\ N \v � REPORT NU. : PD-I2-88 PAGE S _______________________________________________________________________________ Central Lake Ontario ion Authority "The two discharge points for the proposed sub-surface drainage system extend beyond the property boundary onto adjacent lands. Who will be responsible for maintenance if such becomes necessary outside a lot in the subject plan? Section 10.3.2.1(b) of the Regional Official Plan oLotem that an estate residential application obnuId not result in significant alteration to the landscape contours, watercourses or vegetation. The impacts on site vegetation from the intended 0.9 metre lowering of the water table have yet to be adequately addressed. Grouse and woodcock, game species, and white-tailed deer have been observed on-site. We still must question the suitability of au wet a site for estate residential housing and are unable to support the proposed amendment at this time." COMMENT: As discussed in the two previous Staff reports on the subject applications, the Regional Official Plan (Section I0.3.2.1) outlines criteria by which estate residential developments are to be evaluated. Relevant to this application are the criteria requiring that the proposed development not create undue adverse effects on lands identified as being environmentally sensitive; that it not result in significant alteration to landscape contours, watercourses or vegetation; that it not restrict the use of adjacent properties for agriculture; and that it comply with the Agriculture Code of Practice. � The most significant issues in regard to these applications are the impact of the proposed development on the environmental systems of the subject site and associated with Black Creek, and the extent of site modification required to enable the development proceed. Central Labe Ontario Conservation Authority has indicated that, doe to the inter-relationship of forest, DbvaioaI setting and coIdwatec fisheries in both the Black and Farewell Creek downstream, this section of the Black Creek valley is described as highly sensitive in the Authority's sensitive mceoa report. C.L.0.C.A. has expressed the concern that the proposed sub-surface drainage system could improve the tcanamiaoabiIity of the aquifer during the storage period of the year' and reduce what would be available to 8Imob Creek during drier nmutbo. Any surface and oobaocfone improvements to drainage would likely shorten the time between rainfall and recharge to the creek, therefore altering the established baoefIom regime and ultimately the hydrologic regime of the creek. The moisture normally stored y`\ �~ REPORT 00. : PD-12-88 PAGE 6 ------------------------------------------------------------------------------- would be conducted away by the subsurface drainage network, and thus would not be available during the summer. This need for extensive dewateciug" possibly on a continuous basis, to accommodate dwellings and tile fields, will be compounded by future ancillary uses such as swimming pools, decks, sheds and gardens. The 8amItb Unit has also noted that the impact on wells to the west and omotb of the proposal, by lowering the water table, obuuId be studied. In addition to C.L.O.C.A. 'e comments, Staff question the statement in the drainage report that only a portion of the existing baamfIom through the shallow aquifer presently migrates to the creek, with I000eo onoocciug through downward percolation and the lateral transfer to the southern watershed. Downward percolation to the deeper aquifer is severely impeded by the impermeable clay and till aquitacda' as evidenced by the permanently wet nature of the sub-surface sand stratum and the numerous seepage springs along the south bank of the creek. Staff further question how moob groundwater could be lost aozooa the groundwater divide given that the hydraulic gradient in the northwest portion of the site, although sluggish, is towards the creek. In addition, Staff note that the proportion of baseflmv which fails to reach the creek is not specified, and could therefore represent an insignificant figure iunomuob as this area of the site has been documented as a groundwater discharge area. ' C.L.O.C.A. has questioned the statement that the influence of sewage loading on the shallow and deep aquifers as well as Black Creek, should be negligible. Subsurface drainage is very poor and bacterial migration in the upper aquifer is confirmed by noting that a few of the shallow bored wells to the area have periodically experienced elevated levels of oolifozm bacteria. As well, C.L.O.C.&. notes that the bydrogeologicaI investigation undertaken by the applicant's consultant abuuId use low flow rather than average figures for flow in Black Creek and recharge in the upper aquifer when calculating sewage dilution. In particular, C.L.O.C.&. notes that in till aquifers with thin lenses of granular deposits (Much like the subject property and the surrounding area) , seasonal variation in baoefIow can be one-half to one-third the mean annual baaeflovv. Should a low flow situation occur which is significantly less 10 \y7 REPORT NO. : PD-12-88 PAGE 7 _______________________________________________________________________________ than the mean value, the degree of safeguard against creek water quality impacts could be undermined. C.L.O.C.A. also notes that this particular reach of Black Creek is documented as a coldwater sport fishery and that the adjacent forest cover provides baaetlmv and moderates the rate of snow melt. The opening of the forest to accommodate development will involve removing some forest cover, which will increase the Iiklihood of wind throw damage to tcaea" and other impacts associated with opening a relatively closed forest. This can ultimately undermine auoneaotuI and continued regeneration of the forest. In addition to the noted hydrologic functions, the forest provides a corridor and refuge for wildlife. C.L.O.C.A. disagrees with the applicant's assertion that the site is not significant in terms of wildlife doe to its Canada Laud Inventory rating, noting that the Inventory is based on wildlife production potential, not habitat. Due to the scale of the mapping' the Inventory should not be used for site specific planning. Grouse, woodcock, game species and white-tailed deer were observed on-site according to the environmental analysis, notwithstanding the fact that the site was inventoried outside the accepted breeding period. C.L.O.C.&. also disagrees with the statement that the greater length of edge vegetation resulting from dewateciog would encourage wildlife to remain. Based on the considerations discussed above, the Authority has indicated they are unable to support the proposed development. The other relevant criteria for assessing estate residential development as specified by the Official Plan relates to the proximity of the proposed development to active agricultural lands. The Ministry of Agriculture and Fond has indicated no objection to the proposed development. Staff note that there are no livestock buildings located within 300 m of the subject property as specified by Section 3.19(o) 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 resident has expressed a 0000ecu that future residents of the proposed development may object to agricultural odours. In that regard' Staff note the proximity of the subject site to the Cooctine Urban Area and �] ' REPORT 00. : PD-I2-88 DAQU 8 _______________________________________________________________________________ reference Committee's resolution of September 8, 1987 (Resolution #(P9\-686-87) directing Staff to defer as premature the processing of subdivision applications east of Cooctioe Road within the Coortine Urban Area. In formulating a recommendation on the subject applications, Staff reference the previously discussed factors such as the high watectnbIe, the extensive dev*ateciug and site modification required, the hydrologic significance of the site to Black Creek, its documented one as a wildlife habitat and its proximity to active agricultural land. Staff question the merit of developing such marginal site given the site conditions and the extensive and probably continuous devateriog required in order to achieve site conditions sufficient ` for development, and the impact of such development upon the site and Black Creek. Staff conclude that the proposed development does not conform to the criteria specified by the Official Plan for estate residential development and therefore recommend that the Official DIao Amendment and subdivision applications be recommended to the Region for denial. Respectfully submitted, Recommended for presentation to b Committee -- ` 4of ---�--------- n--- _____ _________ _ T.T. D M^C.I.P. ;Chief taeff nD�reo� lmouiu g AdmkuKtcative officer L J&S*T2D* 'ip *Attach. December 23' 1987 CC: Steve Deveooezi Couat. DC: Mrs. Rose Plaoeta B.R. #3 B.B. #3 Group 24" Box 8 Group 13, Box 6 BOW{ADVILLE, Ontario BOWM&0VILLE, Ontario LlC 3K4 LlC 3K4 CC: John 6 Carol Muir CC: Mrs. Maureen Slack R.R. #6 72 &bbeynood Court Group 20, Box G BDYMANVILLE, Ontario 8CWM&KVILL8, Ontario LlC 4A4 LlC 3D7 DC: Ma. Heather Parchment 1226 Trowbridge Drive O8B&yA, Ontario LlG 7B2 Of IMP T- MCA- PAP, -ON tl III 1911, �r 'apt •'�li� � ,- _ 1 TOWN OF NEWCASTLE REPORT File # Res_ # F �. By-Law # MEffING: General Purpose and Administration Committee DATE: Tuesday, September 2, 1986 RG'UT #: PD-202-86 FILE #: 86-22/0 SU3JEC": APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN - 86-22/D APPLICATION FOR PLAN OF SUBDIVISION - 18T-86020 PART LOT 26, CONCESSION 2, former Township of Darlington S. OEVECSERI CONSTRUCTION LIMITED RECOM4MENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PO-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 submission and approval of an Environmental Impact Analysis 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 is REPORT NO.: PO-202-86 Page 2 * Darlington (see Attachment #1). The subject site is currently designated "Major Open 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 subject 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 if REPORT NO.: PD-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 glacial Lake Iroquois. This particular reach of the Black Creek is documented as a coldwater sport fishery and the adjacent forect cover likely provi des 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 accommodate 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 sensitive areas report. The impacts of development, however have yet to be determined. Authority policy requires the submission of an environmental impact statement ,wi th a proposal that could have negative 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) Only drilled wells be permitted. b) Dri l 1 ed wel l 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 tile beds will be required, it 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 tile 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 hones with basements at or near existing grade and all or most of the plumbing on the upper levels". . .4 REPORT NO.: PO-202-86 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 hydrologist's report which ascertains the availability of an adequate 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 conditions 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 policies outlined in 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 Building 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 shat lower depth in the wet season. Subsurface drainage'is poor to good, and the subsoil , which is predominantly sandy, is highly erodible. .. .5 s REPORT NO.: PD-202-86 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 swales 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 tile beds and the stripping of all topsoil. The stripping of all organic topsoil in preparation for the road subgrade is 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 Council 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; cattle manure is spread on fields - impact on well water quality and quantity - impact on sewage effluent on creek - condition of Hancock Road - property is wet - potential for negative impact on adjacent residential properties - increased soil erosion and sedimentation in Black 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 REPORT NO.: P0=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 evaluated. 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 or 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 Official Plan only identifies that area immediately adj acent to. Bi ack Creek as possessing Environmentally Sensitive characteristics, 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 Agricultural Resource Inventory produced by the Ministry of Agriculture and Food identifies t-he lands west of Hancock Road as belonging to a pasture system - that is, extensive or unconfined grazing of livestock. . .7 I REPORT 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 sufficient groundwater 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 disposal; 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 dimensions correspond to the requirements. under the "Residential Cluster (RC)" zone of Sy-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 would have a density 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 NO.: PO-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 . Respectful u , 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 Mrs. Rose Planeta R.R. #3 Group 13, Box 16 .Bowmanville, Ontario L1C 30 cc John & Carol Muir R.R. #6 Group 20, Box 6 Bowmanville, Ontario L1C 3K7 `\Q�l C NOiLL30N00 Z NOiS CVW 414 1 Ievro OYU avoy 7'1 7�o wr iz If IN •� . � ai N b Z " ice. �" p •` jill/I Of f �, IF ---^---r ..::: .u:I.P�moo"!' .,�LQ.ia SI..7.O'J�IV�•'M -- �. w z b z • c H i """ " r• TOWN OF NEWCASTLE REPORT File # ttiJJY���i t Res_ # By-Law # MEETING: General Purpose and Administration Committee DATE: Tuesday, April 21, 1987 REPORT #: PD-120-87 FILE #: 18T-86020 and OPA 86-22/D S &F-CT: 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: 1. 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 PO-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 t REPORT NO.: PD-120-87 Page 2 Part Lot 26, 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 suitability 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. Staff recommended•that ,the Official Plan Amendment application and Subdivision application be tabled pending the submission. and approval.-of an Envi ronmental -'Impact Analysi s and -an Engineering: Study' with 'respect=-to`the,: proposed..development::;:;.;.Committee and Council resolved to adopt the recommenda'tions' A n the: Staff Report. * A revised plan -of,subdi visi on-'proposing.the creation of.•.12.1ots (Attachment No. '2) was- received by.the own -on -November 5,;1986. :As well .. a:•,,,* Hydrogeologic :Investi gaiion'•;'and.:Envi ronmental *.Analysis-were .submi•tt_ed..,i n { :! .. au o t�`:of he :a cation.­:.' >, ,•' PP r 1 .j >r• z: 'f The;Hydr..ogeol ogi c'%Repor V. The emss;that, groundwater,level s are very�;hi gh 'over` :most of the �te, ,from�0. 2m to'About°1 Om below existing grade; wo hi g ;J evel s, ul d°be sustained much of:`the 'year:° The'Report -.notes ' t that: the gradient ;ofsflow _within the.:shallow .aquife'r system is slugg�shr t�ksV ...,through. the siste which' 'to etheriwi th Lthe''.rel ati vel i m ervi ous underl y.1 n ,, : ;. -1.1 , contributes to ::the `highwater .'levels: ::The Report* notes`>that '78%'3of the;,:' ' k domestic.Wel 1 s i n; the A mmedi ate_;area con si st of bored- wells which�top:the . ': .shallower'.:water=bearing zones;and..recommends the.:.proposed .deveiopme-nt-'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 cncludes that the influence of sewage loadi ng.on the shallow and deep aquifers as well as Black Creek '. should be negligible. � I 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 surface run-off and groundwater seepage. The Report notes that construction activities could potentially result in sediment being washed into the Black Creek Valley resulting 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 the year. Further mitigative measures would include straw bale check dams •and temporary sediment control ponds during construction, and the direction -of storm water run-off away. from 'unprotected and erosion prone valley slopes: The Report recommends the retention of vegetation located in the Black Creek Valley -and on the valley slopes because of its function in stabi.lizing the valley slopes. French drains are recommended to. increase soil infiltration, thus maintaining groundwater levels in drier months. The Report proposes a building siting plan 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 displaced 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 both 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 Environmental Analysis, and the revised plan of subdivision and offer the following comments: . . .4 . J REPORT NO.: PD-120-87 Page 4 Soils Investigation The sandy soils below ..the 1 foot thick organic layer are indicated as having a moisture content as :high as 25 .percent. The Report indicates the .presence of a perched. water table at the 1 metre depth, and the. true water table at a depth of. about 2 metres. This is much less of a separation than.that which is normally observed. .• The Report ,indicates •that sections of soil strata above the. shallow, permanent water.-table::faiI to meet the suggested minimum percolation rates.. of 50 minutes a centimetre. lor.less). The Report further specifies that organic soil removal ,.-soil importation (for raised tile beds) and a system of swat es ::and: di tches-:}(for-.`,Aewateri ng) wi 11. be requi red.- Impacts-..on:,BI ack Creek have, apparentl y;,,',not. been investigated. Hydrogeological '.Investigation Very.Throughout •the:,stud ,' .* subsurface. drainage i s documented. Bacterial.:mi grati on:�;i n:';the :upper; aqui fer i s .co nfi rmed:by not ng that a few of-the ..shal low•,boreds well s` i n::,the'>area have periodically. experienced elevated l.evels.of:coliform bacteria. : The 'submi tted.'soi.i s>and.a�ydrogeol ogi cal..,.studi es .do..not a ful 1y -eval uate ;t t�l !:. •J .eJ•`•`1:eJ;l�-:Yt.«i;P`:°�::-'..5`Yy;+�'�: ;;.;<a; ...'...:: hydrolbgia,! itgni•f canceyaf the:siae i.n relation. to .the:Black Creek.;a Evidence of ;base flow��augmentation .`and .on site..rechargeY,is::provided.,.however:;. - The ditching .and ;subsurface" drai ns=.recommended .in the• reports;to make development :possible,wel,Ti:;]ower:the::.water .table.'and; .therefore; alterahe: ': established �baseflow,regime ; :Both. reports:`document very.•-wet.-site•conditions and considerable organic. matterr accumulation: Environmental;Anaiys�s3 ! Works ,such as`•French,drai nss coul d improve,the transmi s Sabi l i ty:_of aqui fer:::during ;the:storage =:period of;the; year,':.and',reduce what:`woul.d be # avai i able'-to Bl ack °--Creek:,.•duri ngt drier months. Any. i mprovements';;•. ° to drainage ...Wi l l` likely-:tshorten:the time:between .rainfall 'and recharge to the creek---;:;T.he moi sture.,normally stored would be `conducted away French drain network;-and thus 'not be -available during summer. . :: The Report'- states the site is not si.gnficiant in terms of wildlife, based on Canada Land Inventory--rates and the lack of.reported occurances of uncommon 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 resulti ng from :>;<.>; dewatering would encourage .wildlife to remain. r C iC4 3 r 1 t i REPORT NO.: PD-120-87 Page 5 Environmental Analysis (Cont'd) Based on a review of site conditions and submitted reports, we seriously 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 dewatering needed to accommodate dwellings and tile fields is significant on its own. When future ancillary uses such as swimming pools, decks, sheds and gardens are also taken into account, the desirability of development on the site seems somewhat marginal . 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 Building Department - Town of Newcastle Community Services Department - Town of Newcastle Fire Department - Ministry, of the Environment COMMENT: Based on a review of the various reports submitted in support of the Official Plan Amendment and the related plan .of ,subdivision, and the 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 a REPORT NO.: PD-120-87 Page 6 on subsequent owners. As noted by the Environmental Analysis however, the site contributes to 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 Agriculture 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 the proximity of the subject site to the Courtice Urban Area and reference Committee's resolution of March 16, 1987 (Resolution #GPA-251-87) .directing Staff to bring forward a report on the implications of.changing the landuse designation of the area east of Courtice Road within the Courtice Urban Area. Based on the above considerations, Staff cannot support 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. Respectfully-somitted, Recommended for presentation to the Committee 4.14. war s, M. awrence otse Director of Planning Chief Administrative Officer JAS*TTE*j i p *Attach. April 9, 1987 CC: Steve Devesceri Construction Ltd. John & Carol Muir R.R. #3, Group 24, Box 8 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 BOWMANVILLE, Ontario L1C 3K4 OSHAWA, Ontario L1G 7H2 ; f