HomeMy WebLinkAboutPD-12-88 DN: 12-88 �yy)
TOWN OF NEWCASTLE
lot C,
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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
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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.
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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."
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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
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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
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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
--
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_________
_
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
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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".
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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.
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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
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""" " 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
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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
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The;Hydr..ogeol ogi c'%Repor
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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 '
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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;,:' '
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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.
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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:
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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
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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
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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
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