HomeMy WebLinkAboutPD-202-86 TOWN OF NEWCASTLE
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MEETING: General Purpose and Administration Committee
DATE: Tuesday, September 2, 1986
REPORT #: PD-202-86 FILE #: 86-22/D
SUBJECT: 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. DEVECSERI CONSTRUCTION LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAI Report PD-202-86 be received; and
2- THAT Official Plan Amendment App! icatior, 86-22/D and Proposed an of u i vi sio n
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
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REPORT NO.: PD-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
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 with 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) Drilled wells to be located in 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 tile 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 tile beds,
consideration should be given to designing homes with basements at
or near existing grade and all or most of the plumbing on the upper
levels".
. . .4
REPORT NO.: PD-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 shallower depth in the
wet season. Subsurface drainage is poor to good, and the subsoil , which is
predominantly sandy, is highly erodible.
. . .5
114.0 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 sw ales 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 the 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 sandysoils 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
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REPORT NO.: PD--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 adjacent to Black 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 the lands west of Hancock Road as belonging
to a pasture system - that is, extensive or unconfined grazing of
livestock.
. . .7
REPORT NO.: PD-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 By-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.: PD-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 ub d,
T. T. Edwards, M.C. I.P.
Director of Planning
JAS*TTE*bb
August 7, 1986
*Attach.
cc Steve Devecseri Construction Limited
R.R. #3
Group 24, Box 8
Bowmanville, Ontario L1C 3K4
cc Mrs. Rose Planeta
R.R. #3
Group 13, Bex 16
Bowmanville, Ontario L1C 3K4
cc John & Carol Muir
R.R. #6
Group 20, Box 6
Bowmanville, Ontario L1C 3K7
ATTACHMENT 1
18T 86020
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TOWN of NEWCASTLE Formerly Township of Darlington