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HomeMy WebLinkAboutPD-25-940 DN: FLOODPLA.GPA REPORT Meeting: General Purpose and Administration Committee File L04-1, 4"""' �(�`„ , � Date: Monday, March 7, 1994 Res. # Report #: PD -25 -94 File PLN 17.2.2.1 By-Law # — _ -- -- PROPOSED REDUCTION OF THE REGULATORY FLOOD PLAIN ON THE HARMONY Subject: AND FAREWELL CREEK WATERSHEDS FILE: PLN 17.2.2.1 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -25 -94 be received; 2. THAT the proposal by the City of Oshawa to reduce the regulatory flood plain on the Harmony and Farewell Creek watersheds from the Regional Storm to a 100 -year storm, be endorsed in principle, subject to funding commitments from the benefitting landowners to assume all costs required to implement the reduction; 3. THAT the City of Oshawa be requested to assume the administrative responsibility related to the requested reduction in the Regulatory Flood, including advertising and holding the required Public Open House; and 4. THAT the a copy of this Report and Council's decision be forwarded to the City of Oshawa, the Region of Durham, the Ministry of Natural Resources, the Central Lake Ontario Conservation Authority and Mr. Mario Veltri. 1. BACKGROUND 1.1 On February 14, 1994, Council considered a letter from the Deputy Clerk for the City of Oshawa. The letter requested the Municipality of Clarington to give consideration to approval, in principle, of the reduction of the regulatory flood plain on the Harmony and Farewell Creek watersheds from a Regional Storm to a 100 -year storm. D "4 ....2 REPORT NO. PD -25 -94 PAGE 2 1.2 Council resolved to refer the correspondence to the Director of Planning and Development for review and preparation of a report to Committee. 2. PROPOSED FLOOD PLAIN REDUCTION 2.1 Nature of Request 2.1.1 In October 16, 1990, Veltri and Sons Corporation requested the City of Oshawa to pass a resolution to reduce the regulatory flood standard for the Harmony and Farewell Creek Watersheds from the Regional Storm to the 100 -year flood standard. The requested reduction would remove approximately 140 acres of land between the CN and CP rail lines in south Oshawa from the regulatory flood plain. 2.1.2 In April 1991, the City of Oshawa approved, in principle, the reduction of the regulatory flood for the Harmony and Farewell Creek watersheds, subject to financial commitments from one or more of the benefitting landowners to assume all costs required to implement the reduction and the cost of enlarging the culvert for Farewell Creek at the CN Rail embankment. 2.1.3 Mr. Veltri has indicated a willingness to fund any necessary studies and works involved. However, before entering into an agreement, he has requested some agreement in principle, from interested parties, to the concept of a reduced flood plain. The Municipality of Clarington is considered an interested party in this regard, given that a substantial portion of the Farewell Creek watershed (including Black Creek), and to a lesser extent the Harmony Creek watershed, lie within our borders (see Attachment No. 1) . The letter from the City ....3 46 REPORT NO. PD -25 -94 PAGE 3 of Oshawa seeking Council's approval in principle of the proposed flood plain reduction resulted from Mr. VeltriIs request. 2.2 Central Lake Ontario Conservation Authority Requirements 2.2.1 In December 1988, CLOCA indicated that they do not oppose the reduction in the regulatory flood for the Harmony, Farewell and Black Creek watersheds, although they noted that they will not comment favourably to the Ministry of Natural Resources regarding the request until 1:100 year flood levels have been determined for the whole of the subject watersheds. They also noted that the Town of Newcastle should be an equal partner in the request to change the flood standard. 2.2.2 Authority Staff have indicated that being a full partner in the reduction of the regulatory flood would require the Municipality to hold an advertised public meeting or open house. The purpose of the open house would be to provide interested persons with information on the impacts of a reduction in the regulatory flood from the Regional to the 100 -year storm, as well as to provide opportunity for public input. Subsequently, Council would pass a resolution to request the Minister of Natural Resources to change the regulatory flood standard. 3. COMMENTS 3.1 Any proposal to reduce the regulatory flood for a given watershed needs to be reviewed in the context of potential benefits and disadvantages to the Municipality. ....4 REPORT NO. PD -25 -94 PAGE 4 3.2 A principal concern is the increased potential for flood damage and Municipal liability associated with allowing development to proceed within the Regional floodline in the event of a Regional- magnitude storm or other storm in excess of the 100 -year storm. Conservation Authority Staff indicated, in their review of the proposed flood plain reduction, that as far as can be determined, a 1:100 year flood has not occurred in either watershed. 3.3 A reduction in the regulatory flood will also probably not have any significant impact on municipal acquisition of valleylands. Existing Official Plan policies relating to valleyland acquisition indicate the lands below the topographic break in slope (ie. top of bank) for Farewell, Black and Harmony Creeks are to be dedicated gratuitously to the Municipality. Future Official Plan policies may place a setback requirement related to slope stability and environmental sensitivity. 3.4 The Conservation Authority has also indicated that, in agreeing to reduce the regulatory flood standard, the Authority is not agreeing to relax its position with regard to development encroachment into valleylands. This is particularly significant in terms of the sensitive nature of much of the Farewell Creek valley. The Authority has indicated that it intends to continue to apply the policy that lot lines are generally not to encroach beyond the top of bank or the limit of the sensitive area. 4. CONCLUSION 4.1 Although there does not appear to be any substantive ....5 X48 REPORT NO. PD -25 -94 PAGE 5 reasons to oppose the reduction, there also does not seem to be any substantive benefit that would accrue to the Municipality as a result of the reduced flood standard for the Harmony and Farewell Creeks. 4.2 In this regard, the costs related to the Municipality's involvement as a full partner in the process, including Staff time, should be minimized. The City of Oshawa should bear the majority of the administrative costs related to the flood reduction process, including the advertising and holding of the required public open house. Respectfully submitted, d r a-� Franklin Wu, M.C.I.P. Director of Planning and Development JAS *DC *FW *cc 25 February 1994 Recommended for presentation to the Committee Attachment # 1 - Harmony /Farewell Creek Watersheds Interested persons to be notified of Council and Committee's decision: Mr. Mario Veltri Harmony Creek Golf Centre Ltd. 100 Bloor Street East Oshawa, Ont L1H 8S1 Ministry of Natural Resources Conservation Authorities Program (Operations) 50 Bloomington Road W., R. R. # 2 Aurora, Ont. L4G 3G8 z Attachment No. 1 z a 9 0 REMNAL RW 3 J � o z 5th N �y t` O X ufT eRS ( REGIONAL ROAD 4 ) 4 J Z TAUNTON ROAD i� 8EA yP�0 Z h X N V W Z N J Z W O A v m b BON STR 0 W U C OLNE couprTCE ° cE m � R STREET ~' BLOOR T. COL I I �m'AY H0. 401 LAKE ONTARIO HARMONY/ FAREWELL fJ (� CREEK 0 1000 2000m WATERSHEDS 500 0