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HomeMy WebLinkAboutPD-238-86 _ TOWN OF NEWCASTLE REPORT File # 30, 6 Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, October 20, 1986 REPORT #: PD-238-86 FILE #: OPA 86-41/D and 18T-86031 S1J&JECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN FILE: 86-41/D PROPOSED PLAN OF SUBDIVISION - FILE: 18T-86031 PART LOT 24, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON APPLICANT: IVAN PERUN/BABY POINT INVESTMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAI' Report PD-238-86 be received; and • Newcastle reccmmen s that Official Plan Amendment application 86-41/D and Proposed Plan of Subdivision 18T-86031 be denied; and 3. THAT a copy of Council 's decision with respect to these applications be forwarded to the applicant and the interested parties indicated hereto. BACKGROUND: In May, 1986, the Planning Department was advised by the Region of Durham of applications submitted by Mr. Ivan Perun and Baby Point Investments to amend the Durham Regional Official Plan and for approval of a Plan of Subdivision. The subject applications propose the development of a fifty (50) lot estate residential subdivision on a 34 hectare (84 acre) parcel of land located in Part Lot 24, Concession 3, former Township of . . .2 REPORT NO.: PD-238-86 Page 2 * Darlington (see attached Key Map) . The subject site is designated "Major Open Space" by the Regional Official Plan with the northeastern and southeastern portions of the site being designated "Environmentally Sensitive". The majority of the site is zoned "Agricultural (A) " by By-law 84-63, with the southeastern portion of the site along Black Creek being zoned "Environmental Protection (EP)". In accordance with Departmental procedure, the subject applications were circulated to various departments and agencies for comment. As well , the Region of Durham provided copies of comments received through their circulation of the applications. The following is a summary of the comments received for both the Official Plan Amendment application and Subdivision application: Town of Newcastle Public Works Department "No objection, subject to the following conditions: I. This Department6s standard requirements with respect to estate residential subdivisions; 2. That the developer bear the costs (100%) of any works on Solina Road which are necessitated as a result of this development; 3. That the developer contribute to the costs of reconstructing Solina Road in accordance with Town Policy; 4. That the developer be required to provide street lighting along internal roads and cul-de-sacs; 5. Drainage concerns throughout the proposed development area are addressed and suitably dealt with to the satisfaction of this Department." Town of Newcastle Community Services Department "The proposed estate lot subdivision is outside the Courtice Urban Area and as such, our policy is to accept cash-in-lieu of 5% parkland dedication." . . .3 v (b) REPORT NO.: PD-238-86 Page 3 Town of Newcastle Fire Department "No objection. Emergency fire protection would be from either Station #4 or #1, which are located within an acceptable emergency travel distance. Water for fire fighting would be supplied by Fire Department tanker trucks. Consideration should be given to Planning Department Report 40-84 Fire Protection Requirements for Rural Development." Durham Regional Health Unit "The above-noted subdivision is approved in principal by this Health Department, subject to the following conditions: I. Low-lying lots and lots where groundwater is encountered less than six feet below the surface, will require the addition of granular fill material . 2. Lots 12 and 13 have a considerable amount of land which is unusable as it is an embankment. In view of this, Lots 11, 12, and 13 must be redesigned into two lots. 3. A considerable number of trees in many instances will have to be removed in order to provide room for the leaching beds. 4. With the exception of Lots 11, 12, and 13, the site plan and lot servicing plan submitted by Henry Kortekaas & Associates, April , 1986, Job No. 86SD350, must be followed." Central Lake Ontario Conservation Authority "The site of the proposed amendment is situated on the beach of former Lake Iroquois. A coldwater tributary of Black Creek flows through the southeast corner of the subject lands. This reach exhibits good water quality and brook trout populations. The area within the readily-defined forest edge on the site is classified in Authority documentation as possessing the highest level of environmental sensitivity for reasons of significant forest and wildlife habitat, and hydrologic conditions. The areas of high water table and seasonal standing water outside the forest edge have moderately high environmental sensitivity since they contribute to base flow in the Black and Farewell Creek systems. Due to the environmental sensitivity of the site and the presence of nearby coldwater streams, Authority policy requires the submission of an Environmental Impact Statement which indicates the manner in which development could proceed while ensuring that significant environmental characteristics are protected. The degree of environmental sensitivity . . .4 REPORT NO.: PD-238-86 Page 4 Central Lake Ontario Conservation Authority - (Cont'd) varies greatly across the site; by avoiding lot creation in some areas potential impacts can be reduced. The environmental study which has been circulated with the proposed amendment identifies many areas which exhibit conditions suitable for wildlife: good cover and food sources, seclusion and considerable vegetative edge. Portions of the site are low-lying and support stands of moisture-tolerant vegetation, thus providing an indication of high water table conditions. This is confirmed by the soils investigation which identifies a shallow perched water table in 8 of 16 test pits on the site. It would thus appear that these wet, perched water table areas contribute to base flow in the black and Farewell Creeks and to the sustenance of the wooded areas in the northern half of the subject lands. No assessment of the impacts of development on these aspects of sites hydrology has been provided. A review of the environmental study submitted by the applicant has revealed a number of deficiencies. Based on the foregoing comments and our review of the Environmental Study, we are unable to support proposed amendment 86-41/D at this time. From the Authority's perspective, the site has potential for estate residential development. The issues of forest cover, wildlife habitat and site hydrology have yet to be addressed within the Environmental Impact Statement format." Ministry of the Environment "Staff have reviewed the above mentioned application and recommend draft approval be conditional upon: 1. 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 well as a potential for cross-contamination and well interference.. 2. Prior to final approval , the Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the Municipality that the recommendations of the Hydrologist' s Report, as approved by the Ministry of the Environment, shall be implemented by requirements of the subdivision agreement." Ministry of Natural Resources "Black Creek, a significant Coldwater trout stream, traverses the southeastern portion of the site. This watercourse and its associated . . .5 REPORT NO.: PD-238-86 Page 5 Ministry of Natural Resources - (Cont'd) valleylands are located in Block 51 of the proposed subdivision plan (18T-86031) . The valley system in Block 51 is a heavily vegetated, forested area which provides cover to the troutstream and helps to maintain its coldwater significance. This vegetative cover also assists in reducing erosion of the valley slopes and the subsequent siltation of the creek. Black Creek is sensitive to water quality degradation. We therefore recommend that Block 51 be maintained in the Major Open Space, Hazard Land, and, Environmentally Sensitive Area designations. This is consistent with effective fisheries management practices. We have no objections to the estate residential designation on the remainder of the property. Our concerns regarding on-site erosion and the potential sedimentation of Black Creek can be addressed through the following conditions of draft plan approval for the subdivision plan: 1. That the "Environmental Protection" zone be enlarged to include all of the lands within Block 51 and that the municipality's zoning by-law contain provisions which will have the effect of prohibiting all buildings or structures, other than those required for flood and erosion control , in Block 51. 2. Prior to any grading or construction on the site, the Owner shall erect a snow fence or other suitable barrier along the rear of Lots 6, 7, 8 and 9. This barrier shall remain in place until such time as all grading, construction and landscaping of the site are completed. This barrier shall be maintained in order to prevent the placement of fill or removal of vegetation :rnthin the—`.ill valley ands • Black Creek Block 51 of the Plan. 3. Prior to any grading or construction on the site, the Owner shall prepare a stormwater and erosion control plan which shall be acceptable to the Ministry of Natural Resources. This plan will show all proposed surface drainage works, and will describe the means to minimize soil erosion and the direct discharge of stormwater flow into Black Creek, both during and after construction." Ministry of Agriculture and Food "Staff of the Ontario Ministry of Agriculture and Food have reviewed the above development proposal . 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 food Land Guidelines. According to the Canada Land Inventory on a scale of 1:50,000, there are two soils classes on the property. To the north , the soils are Class 5 with a wetness limitation. This area of Class 5 soils which is wooded is not being developed by this Plan of Subdivision. The remaining property has an . . .6 REPORT NO. : PD-238-86 Page 6 Ministry of Agriculture and Food - (Cont'd) agricultural capability rating of Class 3 with fertility and moisture holding capacity limitations. The present land uses are idle farm fields with some bush. The land is level to very gently rol li ng. Surrounding land uses are mixed. To the west and south are a number of rural residences with small agricultural holdings. To the south-west and south-east are two gravel pits. To the east is a horse farm occupying 60 acres. The development will occupy 34 hectares, the majority being Class 3 agricultural soils. The Food Land Guidelines state that Estate Residential proposals should be permitted on lands of low agricultural capability, well removed from agricultural uses. As the development is not on poor agricultural soils nor well removed from agricultural activities, we conclude the proposal does not comply with the policies of the Food Land Guidelines." The following agencies indicated no objection to the subject proposal : - Town of Newcastle Building Department - Northumberland and Newcastle Board of Education - Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board - Ministry of Transportation and Communications - Ontario Hydro Section 10.3.2.3 of the Regional Official Plan 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. A Soils Report submitted by the applicant indicates that the topsoil on-site contains an appreciable amount of organic matter, and is underlain in the northern portion of the site by sandy silt and in the southern portion by silty fine sand. These subsoils are generally moist and are characterized by high water erodibility and frost susceptibility. The Report states that the site is generally suitable for the proposed development, and that the wet raw land conditions can be largely alleviated by the improvement of the site grading and stormwater management. The Report also notes that special . . .7 .C� obi REPORT NO.: PD-238-86 Page 7 treatment for footing construction will be required due to the frost susceptibility of the subsoil , and that, due to the high erodibility of the sand, the immediate sodding of bare sand surfaces would be required. The Report states that, based upon a review of Ministry of the Environment well records for the area indicates, there is sufficient groundwater available for the proposed development. The Report further states that the permanent groundwater regime generally lies below the investigated depth of 2.9 metres. Groundwater seepage was observed in the test pits in the northern portion of the site and adjacent to Black Creek. The Report attributes this seepage to run-off infiltration trapped in soil voids, and notes that the Soil Moisture Profile displays a decreasing moisture value with depth. The applicant also submitted an Environmental Analysis as required by the Regional Official Plan (Section 10.3.2.2) . Planning Department Staff have reviewed the Study with an eye to comments provided by C.L.O.C.A. The Study identifies a number of vegetation grOUPS on the site and states that the proposed plan will have little impact on the various vegetative associations. C.L.O.C.A. has noted, however, that the proposed plan indicates residential building lots and roads in some areas identified as being sensitive. The Study states that the site contains no significant . wildlife habitat; C.L.O.C.A. directly disputes this statment by noting that the Gartner Lee Environmental Study portrays the site as exhibiting significant wildlife habitat. The Study also identifies a concern with erosion on-site and increased sedimentation in Black Creek. Staff note that the viability of this proposal will need to be confirmed. As indicated earlier in this Report, C.L.O.C.A. has concluded that the issues of forest cover, wildlife habitat and site hydrology have yet to be adequately addressed within the Environmental Study. Six letters with a total of ten (10) signatures have been submitted in objection to the proposed subdivision. The concerns of the residents are as follows: . . .8 REPORT NO.: PD-238-86 Page 8 - impact on adjacent farm operations - urbanization of the rural areas - precedent established if development permitted - impact on Black Creek and on wildlife - impact of 50 wells and septic systems on ground water supply - increased strain on community services - increased traffic and noise COMMENT: Section 10.3.2 of the Durham Regional Official Plan provides criteria by which estate residential developments are to be evaluated. In general , these criteria require that the proposal maintain the character of the natural environment and be located in a scenic, well-vegetated area of rolling topography, that it not be located on lands having high capability for agriculture, that it not unduly restrict the use of adjacent properties for agriculture, and that it not create undue adverse effects on lands identified as being environmentally sensitive . The proposed subdivision is located on a scenic well-vegetated site and in this respect, would appear to conform to the requirements of the Official Plan. The site has been identified by C.L.O.C.A. as being environmentally sensitive in terms of signficant forest cover and wildlife habitat, and hydrogeologic conditions. The Authority has stated that the site is suitable for estate residential development but that, inasmuch as the degree of environmental sensitivity varies greatly across the site, potential impacts can be reduced by avoiding lot creation in some areas. The Authority has stated however, that they are unable to support the proposed amendment at this time and have requested that further information be provided on the potential environmental impact. The Ministry of Agriculture and Food has noted that, although the present land uses of the site are idle farm fields with some bush, the majority of site has an agricultural capability rating of Class 3. The Ministry has . . .9 REPORT NO. : PD-238-86 Page 9 also noted the presence of small agricultural holdings in the areas and in particular, a horse farm directly to the east. The Ministry has states that, for the above reasons, the proposed development does not comply with the policies of the Food Land Guidelines. Staff share the concerns expressed by area residents with respect to the proposed development. The issues of environmental impact and the impact on adjacent farm operations have already been addressed in this Report. As noted in Staff Report PD-226-86 which was considered by Committee on October 6, 1986, Staff are concerned that estate residential developments results in greater pressures on the Town for the extension of urban type services and places development pressures on existing agriculture operations. In this respect, the subject proposal is not located in close proximity to an urban area or hamlet and would establish a new focus of development pressures. Staff also reference the number of lots being proposed. With regard to the impact of 50 new wells and septic systems on the water table in the area, Staff note that the Regional Health Unit has indicated no objection to the proposed development subject to a number of conditions. As well , the Ministry of the Environment has recommended approval conditional upon submission of a Hydrogeol ogi c Analysis. However, based on the objection of the Ministry of Agriculture and C.L.O.C.A. and the general concerns as outlined by Staff Report PD-226-86, it is Staff' s opiniion that approval of this proposed development would be inconsistent with the intent of the Durham Regional Official Plan. It is therefore recommended that the Region be advised that the Town recommends that Official Plan Amendment application 86-41/D and Proposed Plan of Subdivision 18T-86031 be denied. Respectfu u ed, T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*j ip *Attach. October 7, 1986 CC: Attached List / REPORT NO. : PD-238-86 Page 10 L.T. Salmers, Q.C. P.O. Box 2096 55 William Street East McLaughlin Square OSHAWA, Ontario L1H 7V40 Mr. Ivan Perun R.R. #1 HAMPTON, Ontario LOB 1JON Henry Kortekaas & Associates 82 Sherwood Road East PICKERING Village, Ontario L 1V 2B4W Mr. Robert Mason R.R. #3 BOWMANVILLE , Ontario L 1C 3K4(( Mr. & Mrs. Freeman John Ashton Group No. 7, Box 10 R.R. #3 BOWMANVILLE, Ontario L 1C 3K40( Ryan and inn Geboers R.R. #3 BOWMANVILLE , Ontario L1C 3K40( Justine Geboers R.R. #3 BOWMANVILLE , Ontario L1C 3KO Mr. & Mrs. W. Aldsworth R.R. #3 BOWMANVILLE , Ontario L 1C 3K4(( Bernice Cameron-Hill & Frank L. Hill Group 17, Box 5 R.R. #3 BOWMANVILLE , Ontario L 1C 3K40( J BROAD ALLOWANCE (.Not Open) O ° 18T-86031 CD IO<T�./NLO p1/P.A�+L/CeKI' LOT ; 24 Q CONC. 3 o° f c 1 � ® Z Q z ®® �� " O o (n 1 ® '` � ® z W '_d ...ey. -- ..-.or..... Pf 141111,tee 1 39 a7 250 23 CC Q I ca�v 3 0 NASH RQAQ COLAM H{yy N 2 KEY PL.A/�/ TOWN of NEWCASTLE Formerly Township of Darlington