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HomeMy WebLinkAboutPD-280-86 TOWN OF NEWCASTLE ( REPORT File Res. #0, AC)A( ° --=¢-�. BY-Law # MEETING: General Purpose and Administration Committee DATE: Monday, November 17, 1986 REPORT #: PD-280-86 FILE #: 86-52(D SUB,ECT: APPLICATION TO AMEND DURHAM REGIONAL PLAN 667433 ONTARIO LIMITED PART LOTS 13/14, CONCESSION 3, DARLINGTON FILE: 86-52/D RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-280-86 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recanmends that Official Plan Amendment Application File: 86-52/D submitted by 667433 Ontario Limited to permit the development of a 41 lot estate residential development in Part Lots 13 and 14, Concession 3, former Township of Darlington, be denied without prejudice; and 3. THAT a copy of Council ' s decision be forwarded to the Region of Durham and the applicant. BACKGROUND: On July 17, 1986, the Town was advised by the Region of Durham of an application submitted by 667433 Ontario Limited to amend the Regional Official Plan to permit the development of a 41 lot estate residential subdivision on a 30.3 hectare parcel in Part Lots 13 and 14, * Concession 3, former Township of Darlington (see Key Map attached) . The site is currently . . .2 REPORT NO.: PD-280-86 Page 2 designated as an "Aggregate Extraction Area #51" in the Regional Official Plan, and is zoned as "Extractive Industrial (M3)" by By-law 84-63, as amended. As required by Section 10.3.2.2 of the Regional Official Plan, the applicant also submitted a preliminary soils and groundwater analysis of the subject site. The Soils Report notes that the site is a former aggregate extraction area which has been levelled and smooth-graded. The surficial soils across the property consist of shallow water lacustrine sands which are underlain at varying depths by relatively impermeable glacial till drift. A spring fed pond with a maximum depth of 6m to 7m has been created in the eastern quadrant due to earlier dredging operations. Free groundwater was encountered in all but one of the test pits, and the Report indicates that stable groundwater levels below grade range from 0.27m near the pond to a maximum depth of 1.8m in the west. The Report concludes that the site is suitable for the proposed estate residential development, with the only limitation to site development being the shallow depth to groundwater in the pervious sand in the southeast quadrant. The Report recommends raised leaching beds for septic waste disposal and partially raised basements in this area, or alternatively, permanent lowering of the groundwater table. The Report further notes that both the shallow aquifer and the deeper, buried granular zones provide adequate water supplies for domestic use, but the Report recommends that wells be drilled into the deeper overburden to avoid impact on adjacent bored wells and to reduce the possibility of localized contamination from septic effluent. The Landscape Analysis notes that the subject site is largely devoid of vegetation due to the previous extraction activities. The Consultant proposes the retention of the existing pond and possibly the creation of a second stormwater retention pond as recreational amenities which are to be owned in common by the residents who will be responsible for its liability, maintenance and control . . . .3 REPORT NO.: PD-280-86 Page 3 The subject application was circulated by both the Town and the Region to various departments and agencies for comment. The following is a summary of the comments received: Town of Newcastle Public Works Department "1. The Owner shall meet the standard requirements of the Public Works Department, financial and otherwise, with respect to estate residential subdivisions; 2. The developer shall bear the costs (100%) of any works on Middle Road which are necessitated as a result of this development; 3. The developer shall contribute to the costs of reconstructing Middle Road in accordance with Town Policy; 4. The developer should be required to provide street lighting along Middle Road and the cul-de-sacs. 5. Please note that since the proposal utilizes the existing pond as a recreational pond, road drainage into the pond would not be permitted. We request that the drainage of the roadway and the site be addressed in detail prior to this proposal proceeding." Town of Newcastle Community Services Department "No objection. As this subdivision is outside the urban plan and not part of a hamlet plan, our recommendation is to take cash-in-lieu of 5% parkland dedication. We are not interested in obtaining Block 42. The parcel will be a liability to the developer and for lot owners. " Town of Newcastle Fire Department "No objection. Emergency fire protection would be from Station #1 which is within an acceptable response travel distance. Water supply for fire fighting would be by Fire Department tanker trucks. Consideration should be given to Planning Department Report 40-84, Fire Protection for Rural Development." . . .4 REPORT NO.: PD-280-86 Page 4 Central Lake Ontario Conservation Authority "We have no major difficulty with the rehabilitation of a former aggregate extraction area to form an estate residential development. The subdivision plan indicates a single pond; 2 ponds are portrayed by the landscape analysis. The proponent should be requested to specify which layout is being submitted for approval since the potential extent of surface water on the site may directly influence environmental impacts on and off the site. We do, however, have the following concerns: Hydrogeology Authority documentation confirms the high water table conditions noted in the soils report which is a part of the submitted landscape analysis. Although the method used to derive potential recharge volumes in the perched upper aquifer may be acceptable, it should be noted that it is the drier phase condition, when combined with tile field leachate, that may contribute to water quality degradation. The 530 cubic metres a day recharge noted in the Soils report may not be regularly available. Any potential pollution problems could be amplified by the proposed increase in the amount of surface water on the site (the pond system) . The upper aquifer drains generally, to the Soper Creek, a Coldwater fishery. Also, the supply of water to the pond system is likely to be maintained by seepage from this upper aquifer. A further hydrogeologic assessment should be completed, before the preparation of a Plan of Subdivision, which evaluates the potential for aquifer and surface water quality degradation on and off the site over a broad range of flow and recharge conditions. It is suggested that this analysis be carried-out based on existing site conditions and that any envisoned pond system be conceptually introduced at a later stage only if it can then be shown to be environmentally appropriate. Given the potential for water quality impairment, we are also concerned that future residents (according to the landscape analysis) will have the responsibility for the maintenance and control of the pond(s) and surrounding land. The difficulty is that water quality problems could continue unnoticed, (would a monitoring program be required of the residents?) , or their nature or magnitude could be beyond the ability of the residents to effectively mitigate. Flood Susceptibility Regardless of which pond system is adopted, no portion of any building lot or adjacent property should be permitted to become prone to flooding during periods of heavy rainfall and/or snowmelt. The 100-year and Regional storm . . .5 REPORT NO.: PD-280-86 Page 5 Central Lake Ontario Conservation Authority Cont'd should be used to test the performance of the major system with the ponds theoretically in place. Also, unless an alternative non-floodplain route is provided, no portion of the road system should be flood-susceptible. Finally, the extent of flooding to be expected from the small Bowmanville Creek tributary in the northwest corner of the site should be determined. In each of the foregoing situations, the more severe of the 100-year and regional storm conditions should be used for design purposes. Surface Water Quality Since the existing lake is fed by groundwater seepage from relatively undeveloped areas, it may be assumed that water quality is generally good. However, given the use of fertilizers and road salt and the probability of increased bacterial loadings, the assimilative capacity of the lake should be determined before approving the concept as presented. If surface water within the proposal is not to be self-contained, as is shown on drawing 1 of the landscape analysis, it would be even more important to fully understand potential water quality changes since off-site Coldwater fish habitats may be affected. If the existing lake only is utilized, it may be possible to contain any adverse changes, should they occur, within property limits. Because of these concerns, we must question the advisability of assigning the maintenance of a stream-related pond system to future residents. The subject lands can support estate-residential development to some degree. On this basis, we have no objection to the approval , in principle, of proposed amendment 86-52." Ministry of Natural Resources "This development is proposed on a rehabilitated gravel pit. The pit license has been cancelled as of August 19, 1986. We therefore have no further requirements pursuant to the Pits and Quarries Control Act for this property. We have no objections to the principle of estate residential development at this site. When we have reviewed the draft plan of subdivision , we will address any concerns through conditions of approval . " Ministry of Agriculture and Food "Consideration has been given to the proposal in terms of the goals and objectives of the Ministry and of the criteria and policies outlined in the Foodland Guidelines. Based on our present knowledge, the Ministry has no objections to the proposal ." . . .6 coy REPORT NO. : PD-280-86 Page 6 Region of Durham Health Unit "The application is approved in principle, subject to the following conditions: I. The applicant should submit a revised site plan, showing the following: - final grade elevation - areas which will be filled and type of fill - exact location of wells and types of wells - exact location of home - exact location of leaching beds exact location of sewage system replacement areas. 2. This site plan should then be registered on title of all the newly created lots and subsequent construction must conform to this site plan." The following agencies indicated no objection to the application: - Town of Newcastle Building Department - Northumberland and Newcastle Board of Education - Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board COMMENT: The Durham Regional Official Plan (Section 10.3.2.1) outlines criteria by which estate residential proposals are to be evaluated. In general terms, these criteria require that the proposal be located in a scenic well- vegetated area of rolling topography, that it not be located on lands having high capability for agriculture or mineral extraction or unduly restrict the use of adjacent properties for agriculture or mineral extraction, that it comply with the Agriculture Code of Practice, that it not create undue adverse affects on environmentally sensitive lands, and that it not require the undue expansion of municipal services. . . .7 REPORT NO.: PD-280-86 Page 7 As indicated earlier in this Report, the subject site is a rehabilitated gravel extraction area. The Ministry of Natural Resources has indicated no objection to the subject proposal inasmuch as the license for the gravel operation has been cancelled. The Ministry of Agriculture and Food has also indicated no objection. In this regard, Staff note that adjacent land uses include the Bowmanville Golf and Country Club and a number of non-farm related residential lots. However, there are active agricultural operations in the vicinity of the proposed development. Although the subject site is a rehabilitated gravel pit and largely devoid of vegetation, the site does possess environmentally sensitive characteristics due to the presence of a high water table and a spring fed pond in the north-east portion of the site. The Soils Analysis has recommended raised leaching beds or the permanent lowering of the groundwater table in order to facilitate development of the site. The Central Lake Ontario Conservation Authority has indicated a concern that potential groundwater recharge during dry periods, when combined with the field leachate, may contribute to water quality degradation. The Conservation Authority states that a further hydrogeologic assessment should be completed which evaluates the potential for aquifer and surface water degradation on and off-site over a broad range of flow and recharge conditions. The Conservation Authority also notes that the extent of flooding to be expected from the small tributary of Bowmanville Creek in the northwest corner of the site should be determined. The Regional Health Unit has indicated no objection to the subject proposal , conditional upon a number of requirements with respect to the location of homes, wells and septic systems being registered on title of the lots. Staff contacted Health Unit Staff to discuss their comments in light of the high water table on-site. They indicated that, in their opinion, sufficient fill could be placed on-site to permit the installation of wells and septic systems in accordance with the Health Unit's requirements. Staff note, however, that a considerable amount of fill could be required to allow . . .8 REPORT NO.: PD-280-86 Page 8 proper servicing of the lots and that the placement of such fill and subsequent lot grading would be the responsibility of the individual lot owners. It is not possible at the official plan amendment stage to determine the amount and quality of fill and specific details related to lot grading. Staff reference the concerns expressed by both the Conservation Authority and the Public Works Department regarding stormwater drainage on-site, and note that without specific details related to fill and lot grading, the impact of stormwater drainage on surface and sub-surface water quality cannot be properly assessed. The Landscape Analysis recommends that the existing pond and the surrounding land, and possibly a second pond to be created on site, be used for storm water drainage. The Report further suggests that these ponds could be used for recreational purposes and be held in common ownership by the property owners within the subdivision. The Conservation Authority has expressed a concern with this proposed arrangement inasmuch as water quality problems could continue unnoticed or that their nature or magnitude could be beyond the ability of the residents to effectively mitigate. The Public Works Department has indicated that since road drainage into the pond is proposed, the pond could not be used for recreational purposes. The Community Services Department has indicated that they would be unwilling to assume responsibility for the pond. In his submission to the Region, the applicant provided few details as to the proposed common ownership arrangement for the pond and the surrounding land. Staff contacted Pickering Planning Staff and a planning consultant to discuss an estate residential development in Pickering which contains a private lake. In that situation, the lake and associated lands are owned by an incorporated company, with each property owner within the subdivision owning one share of the company. This company is responsible for the maintenance of the lake and the associated lands and other matters such as liability insurance. The subdivision agreement with the municipality absolves the Town of Pickering of all liability with respect to the lake . . .9 COY REPORT NO.: PD-280-86 Page 9 and, as well , the Town is listed as an insured party on the developer 's insurance policy. It would appear therefore, from this cursory review that the common ownership of the pond and the associated lands in the subject official plan amendment application could be a viable arrangement and that the Town could be protected against any liability associated with the pond. Although the proposed development does not directly abut any active agricultural operations and is not located on valuable agricultural land, Staff are nonetheless concerned that the subject application would establish a new area of non-rural development and consequently increase the development pressures on adjacent properties. The proposed development could not be considered an extension of existing residential development to the west along Scugog Road inasmuch as the two areas are separated by Regional Road 57. Staff also note that the subject site lies to the north of land designated by the Durham Regional Official Plan as being reserved for the future expansion of the Bowmanville Urban Area. The development of the subject lands for estate residential purposes would limit the lands available for urban development should further expansion of the Urban Area be required at some time in the future. The applicant has submitted a proposed plan of subdivision with the of fi ci al * plan amendment application (see attached). Staff note that this plan proposes the creation of two (2) single access cul-de-sacs and in particular, note that a portion of the proposed road accessing Middle Road would run adjacent to the existing pond. The Conservation Authority has stated that, unless an alternative non-floodplain route is provided, no portion of the road system should be flood susceptible. Staff share the Conservation Authority's concern with respect to site design and cannot recommend approval of the official plan amendment based on the plan currently submitted. Staff recognize that any concerns regarding site design could be resolved through a redesign of the submitted plan. However, given the high water . . .10 REPORT NO.: PD-280-86 Page 10 table on site and the potential problems identified by the conservation Authority, Staff question the suitability of the subject property for estate residential purposes. As well , Staff re-emphasize our concern regarding the establishment of a new area of non-rural development. Based on these concerns, it is respectfully recommended that the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application 86-52/D be denied. Respect f y ted, r T.T. Edwards M.C.I .P, j Y Director of Planning Chief d�inistrative Officer * -* JAS TTE ji p *Attach. November 5, 1986 CC: 667433 Ontario Limited c/o Mr. Robert Craig R.R. #5 BOWMANVILLE , Ontario L 1C 3K6 I i i CONCESSION ROAD 4 LO T 14 LOT 13 9 CONCESSION 3 T T ti'ry b'G ( 79S)1�•' �� _ f - r O! J z - t o � � � J a 0 ® SUBJECT SITE 17 16 15 14 13 12 II fA. M ' Q A z - o ° Ajr A �• X' g i � Z r V �l Al A u A I A-1 1. W A l o W w OA I i 0 v cow 1A"D o ms" �. KEY MAP TOWN of NEWCASTLE , Formerly Township of Darlington