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HomeMy WebLinkAboutPD-70-99 Addendum " ...v:';~ ~':';"'.. .t_ " ON. A070-99 ~ T~ ~ Meeti ng: Date: Report #: Subject: -IDlL'INlSHEj) ~DlES$' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT ~ General Purpose and Administration Committee File # U/tf 7)fIlQS1J;2/J Res. #(:jffl-~sCj- r'l Monday, July 5, 1999 ADDENDUM TO PD-70-99 FILE #: 18T-95029, DEV 95-020 By-law # and PLN 17.11.5 REZONING AND PLAN OF SUBDIVISION APPLICATION APPLICANT: BLACK CREEK DEVELOPMENTS LIMITED PART LOTS 29/30, CONe. 3, FORMER TOWNSHIP OF DARLINGTON FILES: DEV 95-020; 18T-95029 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: /1. /{ /3. /. THAT Addendum Report to PD-7D-99 be received; THAT Report PD-70-99 be received; THAT the recommendations contained within Report PD-70-99 be approved; and THAT all interested parties listed in this report and any delegation be forwarded a copy of this report and be advised of Council's decision. 1. 1.1 BACKGROUND On June 21, 1999, Report PD-7D-99 was dealt with at the General Purpose and Administration Committee meeting. The Committee referred the report back to Staff for review and consultation with the Ministry of Natural Resources regarding the work being conducted to determine the boundaries of the Black-Farewell Creek Wetland Complex. 1.2 Subsequent to this meeting, the Planning Department forwarded a letter to the Ministry of Natural Resources and copied it to the Central Lake Ontario Conservation Authority (Attachment No.1). 1)01 ~ :'.. ?_ 2 ~ ADDENDUM REPORT TO.: PD-70-99 PAGE 2 2. BLACK-FAREWELL CREEK WETLAND COMPLEX 2.1 The Black-Farewell Creek Wetland Complex is currentlly identified by the Ministry of Natural Resources as a Class 3 wetland located on lands east and north of the Courtice Urban Area (Attachment No.2). The Ministry of Natural Resources has been conducting field investigations in the vicinity of the Black Farewell Wetland Complex for consideration of the re-definition of the wetland complex boundary. Some of the lands under consideration are located within the Courtice Urban Area. In September 1998, the Ministry of Natural Resources released draft mapping of the Black-Farewell Creek Wetland Complex. At the time of writing this report, the boundaries have not yet been finalized by the Ministry of Natural Resources. 2.2 Due to the sensitivity of the area, a number of environmental studies have been conducted which include the Environmental Impact Analysis of the Courtice Urban Area prepared by Gartner lee and Associates (1981). The Environmental Impact Study of the Courtice Major Urban Area prepared by Ecological Services for Planning ltd. (August 1994), and the Birchdale Village Environmental Impact Study prepared by Gartner lee and Associates (February 1998). This last report was conducted in accordance with Section 4.3.8 of the Municipality's Official Plan as a requirement of the review of proposed plan of subdivision and rezoning (18T-95029 and Dev 95-020). 3. AGENCY REVIEW 3.1 The Ministry and the Conservation Authority were asked to provide answers to the following questions.. . What are the limits of the wetland in relationship to the subdivisions? . An Environmental Impact Study identifying the unique vegetation and wildlife characteristics and the groundwater functions recognizing this area as a wetland was completed in February 1998. Would another EIS be required if these lands are identified as a Provincially Significant Wetland? 13G2 . , I ~ ADDENDUM REPORT TO.: P0-70-99 PAGE 3 . Will an additional development setback need to be established? . When will the evaluation be complete and the wetland boundaries finalized? 3.2 The Ministry of Natural Resources in their correspondence dated June 25th, 1999, (Attachment No.3) stated that the .wetlands to the south of the proposed extension of George Reynolds Drive, in the vicinity of plan of subdivision 18T-95029, were not examined". It was their understanding that development in this area had already been approved. (although there was some confusion about the nature of the development approved.) MNR anticipates that the boundaries of the wetland complex will be completed by the end of July, 1999. 3.3 The Ministry noted that the Municipality must be satisfied that the EIS conducted by Gartner Lee and Associates (February 1998), adequately addresses the wetlands in the vicinity of the proposed plan of subdivision. In addition, the need for development setbacks or buffers can be determined through the EIS process with the EIS being revised or updated to reflect new information if necessary. 3.4 The Central Lake Ontario Conservation Authority responded (Attachment No.5) by noting that the lands have been identified as having the highest level of sensitivity in the Authority's Environmental Sensitivity Mapping Project (1978). The Environmental Impact Study conducted by Gartner Lee and Associates (February 1998) was completed as a requirement of the Municipal Official Plan and at the request of the Conservation Authority. The purpose of the EIS was to determine the natural features on the subject lands and their interrelationship with the adjacent lands, as well as to assess the development impact on the natural functions and features, including the wetland and the wetland functions, and to determine the acceptability of the development concept. The Conservation Authority's comments concl ude by stati ng: 1303 . , f "' ADDENDUM REPORT TO.: PD-70-99 PAGE 4 "The hydrogeologic structure, groundwater movement and water budget of the wetland, and its relationships with wetland vegetation and wildlife habitat and movement opportunities were a primary component of the EIS and therefore, the impact assessment should continue to be valid, regardless of whether or not the Courtice Wetlands are assigned additional designations through complexing with other wetlands. n 4. STAFF COMMENTS 4.1 The Provincial Policy Statement (PPS) which provides guidance with respect to development in or adjacent to natural heritage features, including wetlands states in Section 2.3.2 that: "Development may be permitted on adjacent lands to significant wetlands if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. " Negative impact is defined as the loss of the natural features or ecological functions for which an area is identified. 4.2 The identification of a Provincially Significant Wetland (PSW) does not affect the attributes of the natural features on the site. These natural features exist regardless of whether a PSW has been defined on the lands. It has been the Municipality's policy to recognize all wetlands which have been evaluated by the MNR criteria, even if they are not .provincially" significant. The PSW designation is simply a minimum standard required by the Provincial Policy Statement. Any environmental impact study conducted must: . identify and recognize the significance of the site's natural features and their interaction with adjacent lands . assess whether development can occur . assess the impact of the development on the features; and 1.)04 . ., f. ADDENDUM REPORT TO.: PD-70-99 PAGE 5 . provide methods for mitigating the impact of the development on the natural features. 4.3 In this case, an EIS was conducted which although did not identify the area as being adjacent to a Provincially Significant Wetland, the EIS did however identify the wetland features on and adjacent to the site. In particular, the EIS identified that the lands to the north possess superior wetland and forest habitat. The EIS also identified the location of a thicket mineral swamp in the northwest portion of the subject lands. Based on the following, the EIS recommended the extension of George Reynolds Avenue though the wetland. . Habitat similar to the swamp exists around the stormwater management pond (Block 99 on the plan of subdivision), providing opportunities for the species to exist on-site, although in a reduced form. . The construction of George Reynolds Drive can be accomplished in such a manner as to preserve the groundwater and surface water flow through the area, preserving a small portion of the wetland which will remain connected to the valley system thus enhancing biodiversity and preserving some of the present habitat on-site. The conditions of draft approval (Attachment No.1) specify the use of large culverts and many small culverts as recommended by the EIS in order to maintain groundwater and surface water flows. . The EIS recognized that the lands in the vicinity and south of the George Reynolds extension are transitional and marginal and have been subject to a high level of disturbance in the past. The lands to the nor1h possess better quality habitat. Based on this, the EIS recommended the extension of George Reynolds in part, to off-set the need to build Adelaide Avenue through the better quality wetland. The above illustrates that the EIS provides for the protection of the identified natural functions and features. Where preservation was not possible, the objective is to ensure that the wetland function was not eliminated and that similar habitat remained within Block 99 within the plan of subdivision. In addition, as recommended within the EIS, the proposed plan of subdivision provides for the maintenance of wildlife linkages through the provision of a 50 13C5 . ADDENDUM REPORT TO.: PD-7o-99 PAGE 6 metre (minimum) wide open space corridor along the tributary which connects the northern wooded and wetland areas to Black Creek. 4.4 In staff's opinion, an additional EIS or a revision to the completed EIS is not required. The completed EIS identified the wetland on-site and recognized that the subject lands possess transitional and marginal habitat and that the lands to the north possess the better quality habitat, recommending preservation ofthese lands. 4.5 An important consideration is that the subject lands currently possess an official plan designation and zoning which would allow development to proceed today. The lands currently possess an "Urban Residential Type Four" zone which permits single detached dwellings, semi-detached dwellings, townhouses and apartment buildings. Lots 39-45 inclusive, located north of the extension of George Reynolds Drive, are currently zoned "Holding-Urban Residential Type Four ((H)R4)". Approval of the zoning of Lots 39-45 as "Rl-45" would only permit single detached dwellings or semi-detached dwellings, hence reducing the allowable density of development on the lands. The applicant has reduced the density of development on the lands substantially and has conducted an EIS to identify the natural features on the site and methods of mitigation. The applicant has exerted a lot of effort in eliminating and reducing the consequences of the proposed development on the natural environment. 5. CONCLUSION Staff concur with the Conservation Authority that the EIS adequately addresses the wetland issues for the subject lands having regard for previous planning approvals. The revision to the existing EIS or the completion of another EIS would not be necessary even though it would be within the "adjacent lands" (120 metres) of a provincially significant wetland if it were so identified in accordance with the draft boundaries. 15U6 . . ADDENDUM REPORT TO.: PD.7D-99 PAGE The future identification of a provincially significant wetland complex dQe$ disqualify that an EIS has been completed. The EIS recognized not only thewetla~ on site, but that better quality habitat is located. north of the subject lands. I~Jight. of this, staff recommend that the recommendations contained withinPD-7Q-Q!ll>e adopted. Respectfully submitted, Reviewed by, Oy~__~ FranklinWu, M.C.I.P., R.P.P. Chief Administrative Officer. Da d rome, M.C.I.P., R.P.P. Director of Planning & Development HB*DC*df 25 June 1999 Attachment No.1 - Correspondence to MNR Attachment No.2 - Original Black-Farewell Creek Wetland Complex Attachment No.3 - Correspondence Received from MNR Attachment No.4 - Correspondence Received from ClOCA Interested parties to be notified of Council and Committee's decision: . ' , ADDENDUM REPORT TO.: PD-70-99 PAGE 7 The future identification of a provincially significant wetland complex does not disqualify that an EIS has been completed. The EIS recognized not only the wetland on site, but that better quality habitat is located north of the subject lands. In light of this, staff recommend that the recommendations contained within PD-70-99 be adopted. Respectfully submitted, Reviewed by, Ov~___~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. Dav d rome, M.C.I.P., R.P.P. Director of Planning & Development HB*DC*df 25 June 1999 Attachment No.1 - Correspondence to MNR Attachment No.2 - Original Black-Farewell Creek Wetland Complex Attachment No.3 - Correspondence Received from MNR Attachment No.4 - Correspondence Received from ClOCA Interested parties to be notified of Council and Committee's decision: Liza Developments 30 Wertheim Court RICHMOND Hill, Ontario l4B 1 B9 Pam Callus 3452 Courtice Road COURTICE, Ontario L1 E 216 Carlo Aloe 48 Westmore Street COURTICE, Ontario L1E2H7 Black Creek Developments Limited 1748 Baseline Road COURTICE, Ontario L1 E 2T1 Ray Sheppard 32 Jane Avenue COURTICE, Ontario L1 E 2H9 D.G. Biddle and Associates 96 Ki ng Street East OSHAWA, Ontario L1 H 1 B6 1.5U7 ., .' " ADDENDUM REPORT TO.: PD-70-99 PAGE 8 Jose Goncalo Ferreira Donna Frances Ferreira 6041 Middle Road R.R.#l BOWMANVILLE, Ontario Ll C 3 K2 Robert D. McKenna 18 Fou rth Street COURTICE, Ontario Ll E 2H7 Marg Ellis 8 Lynwood Avenue COURTICE, Ontario L 1E 2H8 Stanley Simmons 3260 Courtice Road COURTICE, Ontario Ll E 2L7 Helen and John Jozkowski 11 Lynwood Avenue COURTICE, Ontario Ll E 2H8 Mr. & Mrs. Gebelhoff 29 Westmore Street COURTICE, Ontario Ll E 2H8 Dave Unwin 47 Westmore Street COURTICE, Ontario Ll E 2H7 Matthew and Jessie Scott 1 7 Jane Street COURTICE, Ontario L 1E 2H9 Mr. & Mrs. Robert Marsh 51 Westmore Street COURTICE, Ontario Ll E 2H7 Ivan Perun R.R.#l HAMPTON, Ontario LOB 1JO Ronald and Olive Munro 24 Lynwood Avenue COURTICE, Ontario Ll E 2H9 Kerri and Mike Novak 7 Jane Avenue COURTICE, Ontario LlE2H7 George and Lesley Maguire 11 Jane Avenue COURTICE, Ontario Ll E 2H9 Elwin White 10 Fourth Street COURTICE, Ontario LlE2H7 D. Cowie 43 Westmore Street COURTICE, Ontario L 1E 2H7 Dineen Leger 12 Glenview Road COURTICE, Ontario L 1E 2H9 Carole Seysmith Friends of the Second Marsh 100 Whiting Avenue OSAHW A, Ontario Ll H 3T3 1.)08 . , , ADDENDUM REPORT TO.: PD-70-99 PAGE 9 W. D. Manson 20 Clematis Road WILLOWDALE, Ontario M2J 4X2 Edward Zavitsky 32 Lynwood Avenue COURTICE, Ontario L 1E 2H9 J. A. Hayman, R. J. Howes 22 Jane Avenue COURTICE, Ontario L 1E 2H9 Linda and Julie Walsh 25 Jane Avenue COURTICE, Ontario L 1E 2H9 Stan Racansky 3200 Hancock Road COURTICE, Ontario L 1E 2M1 Kerry Meydam 3828 Trulls Road North COURTICE, Ontario L1 E 2L3 William Bowden 4 Glenview Road COURTICE, Ontario L 1E 2H9 Bill Bickle 7 Glenview Road COURTICE, Ontario L 1E 2H9 Janet Sikora 34 Lynwood Avenue COURTICE, Ontario L1 E 2H9 Mary Martinelli 60 Westmore Street COURTICE, Ontario L 1E 2H7 Nancy Whitehead 8 Jane Avenue COURTICE, Ontario L1 E 2H9 Gordon Heard 18 Jane Avenue COURTICE, Ontario L 1E 2H9 Peter Bramton 21 Jane Avenue COURTICE, Ontario L 1 E 2H9 Les Jagoda 569 Townline Road North COURTICE, Ontario L 1E 2J4 Christine Lowe 12 Jane Avenue COURTICE, Ontario L 1 E 2H9 L. Little 3075 Trulls Road Group B, Compo 10 COURTICE, Ontario L 1 E 2L 1 Joe Caiata 4380 Courtice Road COURTICE, Ontario L1 E 2H8 Sheldon Huitema 12 Glenview Road COURTICE, Ontario L 1E 2H9 1)U9 . . ADDENDUM REPORT TO.: PD-70-99 PAGE 10 Joe McKenna 13 Poolton Crescent COURTICE, Ontario Ll E 2H4 Andrew Potapchuk 31 Jane Avenue COURTICE, Ontario Ll E 2H9 Ted Mosolanczki 4 Fourth Street COURTICE, Ontario Ll E 2H7 Chris Conti 10 King Street PORT HOPE, Ontario L 1A 2R4 E. Nowasad 3732 Courtice Road COURTICE, Ontario L 1E 2L5 Norm Monaghan 15 Westmore Street COURTICE, Ontario L 1E 2H8 Teresa and Roy Palonen 55 Westmore Street COURTICE, Ontario Ll E 2H7 Ken Livi ngston 12 Glenview Road COURTICE, Ontario Ll E 2H9 Nei I Ryan 39 Westmore Street COURTICE, Ontario LlE2H7 Walter Kranzl 289 Huntingwood Drive OSHAWA, Ontario LlJ 7C6 Durham Region Planning Department 15 10