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HomeMy WebLinkAboutPD-17-95THE CORPORATION OF THE TOWN OF NEWCASTLE UNFINISHED BUSINESS File Res. # Subject: DEFERRAL NO. 6 TO THE 1991 DURHAM REGIONAL OFFICIAL PLAN PROPOSED FAREWELL CREEK NEIGHBOURHOOD FILE: OPA 93 -002 /C Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -17 -95 be received; 2. THAT Report PD -17 -95 be approved as the comments of the Municipality of Clarington on the matters identified by the Ministry of Municipal Affairs in their letter of December 5, 1994 regarding Deferral No. 6 to the Durham Regional Official Plan; 3. THAT a copy of this Report and Council's decision be forwarded to the Ministry of Municipal Affairs, the Office of the Provincial Facilitator, Mr. Gord Mills,, M.P.P., the Region of Durham Planning Department, the Central Lake Ontario Conservation Authority, the Ministry of Natural Resources, the Ministry of Environment and Energy, WDM Consultants, Kingsberry Properties and Mr. Stan Racansky. 4. THAT all other interested parties listed in this report and any delegation be advised of Council's decision. 1. OVERVIEW 1.1 Purpose of Report 1.1.1 The purpose of this Report is to respond to a letter from the Ministry of Municipal Affairs regarding Deferral No. 6 to the Durham Regional Official Plan (Attachment No.1). 1.2 Ministry of Municipal Affairs Letter 1.2.1 On December 12, 1995, the Planning Department received a copy of a letter from the Ministry of Municipal Affairs to the Regional Commissioner of Planning regarding Deferral No. 6. In approving the Durham Regional Official Plan in ER PAP E EE° c° T IS IS PRIMED CN RECYCLED PAPER REPORT NO.: PD -17 -95 PAGE 2 November 1993, the Ministry deferred consideration of the subject lands and the related urban area boundary. The lands subject of the deferral are north of the existing Courtice urban boundary, bounded by Farewell Creek on the west, Trulls Road on the east, and Pebblestone Road on the north. 1.2.2 The Ministry, in their letter, indicated their review of Deferral No. 6 had identified two primary concerns: • The identification of the subject lands and much of the surrounding area both within and outside the urban boundary as "Environmentally Sensitive Areas ", in recognition of the area's importance for natural habitat and the maintenance of ground and surface water quantity and quality, especially in relation to the coldwater fisheries in Farewell and Black Creeks, and drainage into the provincially significant Second Marsh; • The inclusion of the subject lands in the Courtice Urban Area by Regional Council, given that Regional Staff had not identified either a need for the lands nor provided any justification for their inclusion. 1.2.3 The Ministry's letter also noted Clarington Council's resolution of July 18, 1994 which requested the Ministry to support a 30 year urban boundary in the Clarington Official Plan to facilitate the resolution of water quality problems on Courtice Road. The Ministry indicated the following in response: "First, although completely supportive of the need to address potential health hazards arising from quality problems with well water supplies along Courtice Road it has not been demonstrated that such an action would assist in resolving the situation. Further, neither the DROP or this Ministry's policies permit area municipalities to designate more than 20 years of lands for development. As a result, we do not support the use of a 30 year urban area boundary within the Clarington Official Plan." 1.2.4 The Ministry requested various agencies, including the Municipality and the Region, to provide the following: REPORT NO.: PD -17-95 PAGE 3 o comments on the adequacy of the technical reports submitted by the proponent for the lands subject of Deferral No. 6; • the identification of any approaches, policies and /or measures needed to maintain and /or enhance the quality and quantity of ground and surface water resources as they relate to the environmental sensitivity of the subject lands, Farewell and Black Creeks and the Second Marsh. 1.2.5 The Ministry also noted that justification needs to be provided for the inclusion of the subject lands, particularly given the land budget analyses undertaken through the official Plan Review process for Clarington. The justification analysis is to be undertaken in the context of a 20 year urban boundary for both Courtice and Clarington as a whole. 1.3 Deferral No 6 to the Durham Regional Official Plan 1.3.1 The lands subject of Deferral No. 6 are located in Part Lots 31 and 32, Concession 3, former Township of Darlington, and have an area of 54.3 ha (134 acres). 1.3.2 The official Plan approved by Regional Council in June 1991 and July 1993 designated the subject lands as 'Living Area' as part of the Courtice urban area, with 'Environmentally Sensitive Areas' indicated. Regional Staff recommended that the lands north of Courtice to the future Highway 407, including the subject site, be designated as 'Special Study Area'. 1.3.3 Clarington Staff recommended that no northerly expansion to the Courtice Urban Area be permitted. At that time, Council also opposed the designation of any Living Area in north Courtice, but supported the designation of a Special Study Area for the lands bounded by Townline Road, Pebblestone Road, Courtice Road and Adelaide Avenue. This position was REPORT NO.: PD -17 -95 PAGE subsequently changed as a result of the July 18, 1994 resolution of Council referred in Section 1.2.3. 1.4 Official Plan Amendment OPA 93 -002 1C 1.4.1 Application OPA 93 -002 /C to amend the Official Plan of the former Town of Newcastle and Application NPA 93- 006 /CN to amend the Courtice North Neighbourhood Plan were submitted on May 7, 1993 by WDM Consultants on behalf of William Tonno Construction Ltd., Erhard and Henrietta Witzke and 687120 Ontario Limited (Steve Devesceri Construction Ltd.). These parties together own 36.8 ha (90.9 acres) in Part Lots 31 and 32, Concession 3, former Township of Darlington. The balance of the lands subject of the Official Plan Amendment Application (17.5 ha/43.2 acres) is owned by individual property owners located on the west side of Trulls Road. The area covered by the application is the same as that subject .to Deferral No. 6. 1.4.2 The applications seeks to expand the Courtice Urban Area to include the Neighbourhood 3d, and to designate said ] Area' with associated symbols for parks, facilities and population allocation. valley would be designated 'Major Open Lands'. The lands were referred to as Community' by the applicant. boundaries of the subject lands as ands as 'Residential schools, commercial The Farewell Creek Space' with 'Hazard the 'Farewell Creek 1.4.3 The following technical reports were submitted'in support of the subject applications: • Development Concept (April 1993) - Bousfield, Dale - Harris, Cutler & Smith Inc.; • Conceptual Servicing Report (April 1993) - D.G. Biddle & Associates Limited; e Hydrogeologic Assessment (March 1993) - Gibson & Associates Ltd.; REPORT NO.: PD -17 -95 PAGE 5 s Preliminary Environmental Overview Final Report (April 1993) and Addendum Report (August 1993) - Ecoplans Limited. Summaries of these technical documents are provided in Attachment No. 3 to this Report. 1.4.4 By letter dated May 20, 1993, Staff advised the applicant that the processing of the applications would be held in abeyance pending Council's approval of a new Official Plan in accordance with Council Resolution # C- 63 -92. This resolution, approved by Council on January 27, 1992, stated that applications for residential development in the urban expansion areas added by Regional Council in the 1991 Official Plan would not be processed for the period of the Official Plan Review. 1.5 Meeting with the Provincial Facilitator 1.5.1 Staff attended a meeting with the proponent and a number of agencies at the Office of the Provincial Facilitator on February 8, 1995. The purpose of the meeting was to identify what concerns various agencies have with respect to the designation of the subject site as Living Area in the Regional Official Plan. The Ministry of Natural Resources and the Central Lake Ontario Conservation Authority suggested that a sub- watershed study and plan should be prepared to more properly assess the environmental effects of development. The proponent indicated that environmental concerns could be assessed once the site has been given a Living Area designation. A second meeting has been scheduled for February 27, 1995. 2. AGENCY COMMENTS 2.1 The technical documents were circulated to other municipal departments for their review and comments. Staff also obtained the comments of some of the other agencies involved in the review process for Deferral No. 6. Summaries of the comments are provided below. Complete copies of the comments REPORT NO.: PD -17 -95 PAGE 6 from the Public Works Department and the Region form Attachment Nos. 4 and 5 respectively to this Report. 2.2 It should be noted that there are two elements to the comments: • The principle of development; • The form, design, scale, intensity of development and conditions the agencies would require. Most of the comments are of the second type and are not necessarily relevant to determining the basic issue of the principle of development. 2.3 Public Works Department 2.3.1 The Department identified the following preliminary concerns to be addressed prior to the submission of a draft plan for approval: 1. The preparation of a watershed study addressing stormwater management and water quality issues for the ENTIRE watershed; 2. The confirmation of proposed future development patterns within this watershed in order to tie in with the development plans for this approval; 3. The inclusion of any and all improvement works to roads, sidewalks and street illumination necessary to properly facilitate this development in the Municipality's Development Charge Study, and the budgeting of the appropriate funds by the Municipality; 4. The submission of a Traffic Impact Study to assess the impact of the proposed development on vehicular and pedestrian traffic; 5. The approval of the final alignment of Adelaide Avenue; 6. The revision of the draft subdivision plan to preserve both Farewell Creek tributary drainage channels to provide a natural link between Farewell Creek and the Trulls Road - Courtice Road Woods and Bowmanville Creek valley; f iJ 6 REPORT NO.: PD -17 -95 PAGE 7 7. The revision of the draft plan to provide a buffer along the top -of -bank of Farewell Creek. 2.4 community Services Department 2.4.1 Community Services Department noted that if these lands are to be developed, parkland dedication is required on the basis of either 50 or 1 ha per 300 dwelling units, which ever is greater. The parkland, wherever possible, should be abutting the open space blocks. All open space and flood plain lands are to be dedicated to the Municipality gratuitously. All open space is to be transferred in an acceptable condition (disturbed land to be restored, and undisturbed land free of erosion, debris or dangerous or dead trees). A tree preservation plan is to be prepared and submitted for approval. 2.5 Fire Department 2.5.1 The Department indicated that the approval of the application, in conjunction with other growth in the Courtice area, will put a strain on the existing resources which the Department has in that area. 2.6 Region of Durham 2.6.1 Regional Staff confirmed that Regional Council supported the inclusion of the subject lands within the Courtice Urban Area. They also noted that there is an indication of environmental sensitivity for the subject lands on Schedule A5 of the Regional Plan. Accordingly, if the subject lands are included within the Urban Area, an environmental impact study in accordance with Section 2.3.17 of the Regional Plan would be a prerequisite for any development proposal. 2.6.2 Regional Staff noted that their urban land supply calculations have consistently included the acreage for the subject lands, given that they have been part of the Council - adopted Official Plan since June 5, 1991. REPORT NO.: PD -17 -95 PAGE 8 2.6.3 Regional Staff indicated that they were in.general agreement with� the conclusions. - 6f .the Conceptual - Servicing - i2ep9rt as they relate-to issues of sanitary sewage and water distribution. No comments were provided on the other technical reports. 2.7 Central Lake Ontario Conservation Authority 2.7.1 Hydrogeologic Assessment 2.7.1.1 Authority Staff stated that dewatering in the shallow aquife will probably exceed the 0.4m lowering of the groundwater elevations predicted by the Report. They also questioned the thoroughness of the groundwater assessment, noting unexplained conflicts with information provided in other technical assessments undertaken in the area. 2.7.2 Preliminary Environmental Overview 2.7.2.1 Authority Staff identified the numerous groundwater seepage zones along the valley slope of Farewell Creek as being critical to the maintenance of the coldwater fish habitat adjacent to and downstream of the plan area. They questioned how the volume and distribution of base of slope discharge to the creek would be maintained or enhanced given the reduction in baseflow, the interception of groundwater by foundation drains and a general lowering of the groundwater elevation as identified by the hydrogeological report. They indicated a concern that the proposal will result in the destruction of fish habitat, given the predicted loss of baseflow and the lack of analysis of thermal impacts. 2.7.2.2 Authority Staff noted that the report does not provide any real evaluation of the impact of the new population on Farewell Creek, and that environmental considerations have not been properly evaluated in terms of the constraints that they may place on development. They noted, for example, that the ability of the naturalized corridor along the intermittent tributary to improve connectivity for wildlife would be REPORT NO.: PD-17-95' PAGE 9 undermined:by the stormwater management pond adjacent to Farewell Creek and the level road crossings. 2.7.2.3 It is Authority Staff's opinion that the tableland forest had been removed in anticipation of objections to the development proposal based on the site's environmental sensitivity. 2.7.3 Conceptual Servicing Report 2.7.3.1 It was noted that the Courtice Storm Water Management Plan ( CSWMP), approved in 1980, makes no accommodation for run -of,f from development areas beyond the 1976 Regional Official Plan urban boundary for Courtice. A re- examination of the CSWMP carried out by consultants for the Authority in 1989 -1991 concluded that both flooding and erosion within the Farewell Creek system have actually been aggravated by the CSWMP. The recommended off -line ponding sites have limited peak flows from adjacent developing lands to pre - development levels. However, the period of peak discharge from these ponds appears to coincide with the larger peak discharge from upstream areas, which has resulted in slightly increased downstream peak flows and erosion. This emphasizes the need to plan such controls on a watershed basis to ensure their effectiveness. 2.7.3.2 CLOCA Staff stated that the development proposal would add additional flows into a storm water management system which has already been found to be ineffective and a cause of increased flood levels in the downstream reach of Farewell Creek. The Authority's Staff concluded that the storm water management concept for the Farewell Creek Community does not meet the Authority's objectives in storm water management since it.is neither comprehensive on a sub - watershed basis nor does it assess its impacts on the watershed. 2.7.3.3 The Authority adopted a resolution in October 1994 directing .staff to meet with Clarington staff to determine the feasibility of undertaking a watershed plan for the Farewell Creek watershed. REPORT NO.: PD -17 -95 PAGE 10 3. STAFF COMMENTS 3.1 Staff have reviewed the technical documents submitted in support of Application OPA 93 -002 /C in order to provide comments on their adequacy, as requested by the Ministry of Municipal Affairs in their letter. 3.2 Development Concept 3.2.1 The Development Concept Report provides a conceptual site design for the proposed neighbourhood. If and when the Minister renders his decision on the Deferral Area, staff will review the concept design and detail all the land use components within the new neighbourhood and incorporate such in the Clarington Official Plan. At this time it is premature for the Municipality to provide comments on detailed site design until the principle of development has been established. 3.3 Preliminary Environmental Overview 3.3.1 The subject site was classified by the Central Lake Ontario Conservation Authority, through its Environmental Sensitivity Mapping Project, as 'moderate to high' and 'high' environmental sensitivity, due in part to the high water table conditions, groundwater recharge function, location in the Farewell Creek watershed (coldwater fishery), and the presence of significant vegetation /wildlife features and corridor linkages. Most of the tableland forest was cleared prior to the environmental overview being conducted in Fall 1992 and Summer 1993. 3.3.2 A significant shortcoming of the Environmental Report is that it assessed the environmental sensitivity of the subject site in its current degraded and disturbed state. This is reflected in the Report classifying most of the site as having limited or no sensitivity to development. The Farewell Creek valley, which now exists as an isolated environmental remnant, was identified as the only significant and sensitive 1LIU REPORT NO.: PD -17 -95 PAGE 11 environmental feature associated with the site. The Report does not adequately address how the loss of the forest cover and the resulting reduction in groundwater recharge and baseflow contribution to the creek, as well as the loss of connectivity to other wildlife habitat, has impacted the environmental value of the Farewell Creek valley. The Report should have conducted its assessment on the basis of the site's environmental condition prior to the clearance of the tableland forest, and how these features and their ecologically valuable functions could be restored. 3.3.3 The report does not meet the requirements of the Durham Regional Official Plan which states that the Region, in consultation with the Municipality shall undertake an "independent" study and assess potential "cumulative impacts ". 3.4 Hydrogeological Assessment 3.4.1 We concur with the comments by the Conservation Authority that the impact of the proposed development on the baseflow contribution from the subject site to Farewell Creek was not properly addressed in the Hydrogeological Assessment. In particular, we question the statement in the Report that the proposed development is not expected to have a discernable impact on the volume of baseflow received by Farewell Creek from the shallow aquifer on the subject lands. 3.4.2 We note that this statement is inconsistent with well - understood impacts of urban development on groundwater recharge and baseflow, due to the greater area of impermeable surface and loss of vegetative cover. We also doubt that the water management measures proposed, such as the foundation drain system, would successfully mimic the natural pattern and volume of baseflow contributed to the creek from the plan area. - 1'I I REPORT NO.: PD -17 -95 PAGE 12 3.5 Conceptual Servicing Report 3.5.1 Staff agree with the assessment of the Conservation Authority and the Public Works Department that a storm water management plan for the subject area needs to be developed in the context of a watershed plan for the whole of the Farewell Creek watershed, rather than on a site specific basis as provided in the Servicing Report. This is of particular importance given the apparent deficiencies with the Courtice Storm Water Management Plan and the failure of any of the technical reports to properly address the impact of development on the coldwater fishery in Farewell Creek. 3.5.2 We note that the final alignment of Adelaide Avenue has not yet been determined and will be subject to a Class Environmental Assessment which has not yet been undertaken. We also note that the Public Works Department has indicated that a number of external site improvements may be required to serve this site. We question whether these improvements can be justified given the limited population to be served. In this regard, a Traffic Impact Study and a Financial Analysis should be submitted to specifically identify the on -site and external infrastructure improvements required to accommodate the proposed development, and the financial implications for the Municipality, including Development Charges. 3.6 The letter from Ministry of Municipal Affairs also requested the identification of any approaches, policies and /or measures needed to maintain and /or enhance the quality and quantity of ground and surface water resources as they relate to the environmental sensitivity of the Deferral No. 6 lands, Farewell and Black Creeks and the Second Marsh. Staff are not able to suggest specific technical measures related to ground water and surface water maintenance or enhancement. However, the following approaches may assist in accomplishing these objectives: • the preparation of a Watershed Study for the Black /Farewell Creek watershed; REPORT NO.: D -17 -95 PAGE 13 special design considerations to ensure maintenance of baseflow to Farewell Creek; • long term monitoring of cumulative impacts on Farewell Creek and the coldwater fishery. 4. CONCLUSION 4.1 The Ministry of Municipal Affairs does not concur with Council's resolution to utilize the 30 year urban boundary for Courtice as a means to address water problems on Courtice Road, noting there is no evidence that such action would resolve the problem. If Council wishes to specifically address the problem, it would be appropriate to request the Regional Health Department to identify the scope of the problem and potential solutions. 4.2 The Region has indicated that the subject lands were included in their 30 year land budget since it was prepared subsequent to the adoption of the 1991 Durham Regional Official Plan during the discussions on the "structure" versus 1130 year" approach to the Plan. This response would not appear to address the issue of the 20 year urban boundary as requested by the Ministry's letter. 4.3 Staff find that the studies do not adequately address the principle of development for the Deferral Area 6 lands with respect to the protection of Farewell Creek and the Second Marsh, which is most appropriately addressed through a watershed planning study. 4.4 It is premature to address the adequacy of the studies with respect to details of developing this community prior to the key issues related to the principle of development and environmental protection. REPORT NO.: PD -17 -95 PAGE 14 4.5 The preparation of a comprehensive watershed study for the Farewell /Black Creek watershed and the implementation of long -term cumulative impact monitoring for the watershed are possible approaches to address the environmental sensitivity of this area. However, staff is not advocating the expenditure of public funds to finance such a watershed study. Respectfully submitted, Reviewed by, C�<, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell Director of Planning Chief Administrative and Development Officer JAS *DC *FW *df 13 February 1995 Attachments: No. 1 - Letter from Ministry of Municipal Affairs No. 2 - Key Map No. 3 - Summary of Technical Reports No. 4 - Letter from Regional Commissioner of Planning No. 5 - Public Works Department comments on technical reports Interested parties to be notified of Council and Committee's decision: Oshawa, Ontario. L1 H 3T3 Mr. Bill Manson W.D.M. Consultants 20 Clematis Road Willowdale, Ontario. M2J 4X2 Mr. Stan Racansky Friends of the Farewell 3200 Hancock Road Courtice, Ontario. L1 E 2M1 Mr. Donald Wright Resources Planner Central Lake Ontario Conservation Authority 100 Whiting Avenue Courtice and Area Community Association Mr. Brad Greentree 95 Devondale Street Courtice, Ontario. L1 R 2A1 Mr. Mark Foley Kingsberry Properties 319 College Avenue P.O. Box 11 Oshawa, Ontario. L1 H 7K8 �f'i� REPORT PD-17-95 PAGE 15 Mr. John Bousfield Garritano Bros. Ltd. Bousfield, Dale- Harris, Cutler and Mr. Nicola Provenzano Smith Inc. 881 Nelson Street 3 Church Street Oshawa, Ontario. Toronto, Ontario. L1 H 5N7 M5E 1 M2 Darren and Audrey Andres William Tonno Construction Ltd. 3612 Trulls Road North 650 King Street East R.R. #3 Suite 215 Bowmanville, Ontario. Oshawa, Ontario. L1C 3K4 L1 H 1G5 777 Bay Street Tibor and Geraldine Kamondy Jacinto Delgado Mr. Robert Solitz 3644 Trulls Road 8 Munday Crt. Courtice, Ontario. Bowmanville, Ontario. L1 E 2L3 L1C 4R7 John Russell John and Isabella Sklavos Marily Knihnisky 18 Danbury Crt. 3666 Trulls Road Markham, Ontario. Courtice, Ontario. L3R 7R9 L1 E 2L3 Ms. Anita Waytough Lawrence and Cynthia Chupa 3536 Trulls Road 3698 Trulls, Road Courtice, Ontario. Courtice, Ontario. L1 E 21_2 L1 E 2L3 Gary and Kathleen Norwick Mr. and Mrs. Witzke 3630 Trulls Road R.R. #3 Courtice, Ontario. Bowmanville, Ontario. L1 E 2L3 L1C 3K4 Ruby Luke Ms. Diana Jardine, Director R.R. #3 Plans Administration Branch Bowmanville, Ontario. Central and Southwest L1C 3K4 Ministry of Municipal Affairs 777 Bay Street Tibor and Geraldine Kamondy 14th Floor R.R. #3 Toronto, Ontario. Bowmanville, Ontario. M5G 2E5 L1C 3K4 Mr. Jim Barker Reginald and Barbara Post District Manager, GTA 3518 Trulls Road Ministry of Natural Resources Courtice, Ontario. P.O. Box 7400 L1 E 21_2 Maple, Ontario. L6A 1 S9 REPORT .D PAGE 16 Mr. Stanley Janusas Nanci Henri Ministry of Environment 3822 Trulls Road North 7 Overlea Blvd. Bowmanville, Ontario. 4th Floor L1 C 3K4 Toronto, Ontario. M4H 1 A8 Kenneth and Micheline Ball Group 9, Box 20 Devesceri Construction Ltd. R.R. #6 2 Kresia Lane Bowmanville, Ontario. Courtice, Ontario. L1 C 3K4 L1 E 2G8 Fred and Rosalind Bull 3714 Trulls Road Courtice, Ontario. Li E 2L3 John and Mary Pettersen 3768 Trulls Road Courtice, Ontario. L1 E 2L3 Clair and Donna Brockman 3820 Trulls Road Courtice, Ontario. L1 E 2L3 Theresa Zluktik R.R. #3, Group 4, Box 3 Bowmanville, Ontario. L1 E 3K4 John and Kerry Meydam 3828 Trulls Road Courtice, Ontario. L1 E 2L3 Dennis and James Homeniuk 16 Salter Crt., Box 11 Enniskillen, Ontario. LOB 1 JO Mr. Vernon Oneil Group 4, Box 5 R.R. #3 Bowmanville, Ontario. L1 C 3K4 DEVELOPMENT CONCEPT A population target of 2200 persons was indicated for the neighbourhood, with 529 detached dwellings and 106 townhouse units. Adelaide Avenue is proposed to run along the existing northern urban area boundary, with a north -south collector road running through the neighbourhood between Adelaide Avenue and Pebblestone Road. An elementary school block and park were identified in the south central portion of the neighbourhood. Two local commercial sites were proposed at the north and south ends of the collector road (0.39 ha and 1.04 ha respectively). Open Space blocks were identified for the Farewell Creek valley and an intermittent tributary in the south end. CONCEPTUAL SERVICING REPORT Sanitary sewer and water services are proposed to be extended northward from existing urban development in Neighbourhood 3A. Minor storm water flows from the proposed community would be conveyed via a storm sewer under Adelaide Avenue to a water quality pond on the north side of Adelaide Avenue directly adjacent to Farewell Creek. The quality pond would discharge to a detention pond on the south side of Adelaide Avenue which is intended to control post - development flows to Farewell Creek to pre - development levels. The possible incorporation of a foundation collection system was suggested. This would collect cool clean groundwater and convey it through the minor drainage system to discharge with surface storm water into Farewell Creek. The possible use of infiltration techniques to enhance baseflow to Farewell Creek was also suggested. It was noted' however, that the fine - grained sub - surface soils and shallow groundwater table would minimize their effectiveness. Major overland storm water flows from the proposed community would be conveyed within roadway structures, and would flow to the water quantity pond before discharge to Farewell E7 Page 2.. Creek using a soft (non- engineered) outfall within the channel of an existing tributary. It was indicated that the use of a common outfall for all storm water would avoid the need for additional discharges to the Farewell Creek valley. An open space block along the existing intermittent watercourse through the site would accommodate overland flow from a 75 ha drainage area east of Trulls Road. An engineered channel would convey these flows directly to Farewell Creek. HYDROGEOLOGIC ASSESSMENT The Report identified three main aquifers below the study area. The shallow overburden aquifer within the granular mantle represents the principal aquifer for domestic water supply to area wells and provides baseflow to Farewell Creek. Stable groundwater levels ranged from 0.15 m to 1.2 m below grade. The aquifer systems within the deeper glacial till and bedrock provide baseflow directly to Lake Ontario and are not locally significant. Recharge into the shallow aquifer occurs mainly from direct incident precipitation on the site. The Report indicated that the development of the proposed community is not expected to have a discernable impact on the volume of baseflow received by Farewell Creek from the shallow aquifer. Also, the loss in baseflow attributable to the proposed development was estimated to result in less than a 3% flow reduction in Farewell Creek related to summer flows. Of the 38 private wells within and adjacent to the proposed community, 12 are shallow bored or dug wells less than 4.5 m deep and would be would be within 75 m of buried services. These wells would be considered sensitive to possible future impact. PRELIMINARY ENVIRONMENTAL OVERVIEW The biophysical features of the plan area were evaluated and assigned a priority class from 1 (high) to 5 (low). Recommendations for the management of biophysical features were developed based on the assigned priority class. The Farewell Creek valley was identified as the most significant feature in the plan area. It is well- defined and heavily forested with steep slopes. Numerous groundwater seepage zones occur along the valley slope which contribute groundwater discharge to the creek. Due to removal of the tableland forest cover, it remains as the only significant wildlife habitat in the r5l x- Farewell Creek also provides important habitat for a variety of resident and spawning coldwater fish species. The preservation of the coldwater fish habitat adjacent to and downstream of the plan area is dependent upon the maintenance and enhancement of baseflow, the coldwater temperature regime, and stream morphology and character, as well as protection from sediment, nutrient and contaminant loading. The Farewell Creek valley was assigned a priority class of 1. The valley and its features are to be protected with no encroachment by development permitted. It is proposed to dedicate the valley and an adjoining top -of -bank buffer to the appropriate public authority. Due to the clearing of the forests on the tableland adjacent to Farewell Creek, a previous wildlife habitat linkage between Farewell Creek valley and the Trulls Road - Courtice Road Woods to the east was eliminated. Only a few isolated and disturbed woodland remnants remain, which offer limited potential for wildlife habitat. Residential development would further isolate these remnant stands and limit their ecological function. These remnant woodlands were assigned a priority class of 3 which indicates that these areas are less sensitive to development, with a greater degree of intrusion and /or alteration permitted. These woodlands are generally not well - suited for passive recreational use or tree preservation. The Report suggested that a secondary habitat linkage could be created along the southern drainage swale. Most of the plan area was identified as possessing limited or no constraints to development, and was assigned a priority class of 4 or 5. These areas included disturbed fields and cleared woodlands. 1Li�� 1 Ministry of Ministere des Municipal Affaires Affairs municipales Ontario December 5, 1994 Mr. A. Georgieff Commissioner of Planning Regional Municipality of Durham Box 623 1615 Dundas Street East Lang Tower,,West Building 4th Floor Whitby, Ontario L1N 6A3 Dear Mr. gieff: DEC 3 2 4 MUNICIPALITY OF GLA.piNGTON PLANNING 0EPA1;1 PJ1[-'. y 1` Re: Deferral No. 6 to the Official Plan for the Region of Durham (1991) and the north Courtice area Ministry File No.: 18 -OP -0012 In the approval of the Durham Region Official Plan (DROP) the lands bounded by Farewell Creek, Pebblestone Road, Trulls Road and the proposed Adelaide Street extension were deferred (Deferral No. 6). In addition, the lands immediately adjacent to the east were referred to the Ontario Municipal Board (Referral No. 1) . The lands subject of Deferral No. 6 (and Referral No. 1) were supported by Regional Council for inclusion in the Courtice Urban Area during the initial adoption of the Plan. However, in reviewing the background materials submitted with the Plan it was noted that neither Region of Durham or Town of Newcastle planning staff supported the inclusion of these lands within the Courtice Urban Area. In assessing this situation in the context of this background information, the comments from various agencies and the objectives of the Regional Official Plan, this Ministry identified two primary concerns. First, it was noted that all of the subject lands and much of the surrounding area were identified as "Environmentally Sensitive Areas" within the DROP. These lands were described as having significant forest cover which provided natural habitat and contribute to the maintenance of ground and surface water quantity and quality, specifically in relation to the baseflow, of the Farewell and Black Creeks which are both coldwater fisheries draining into the environmentally sensitive and provincially significant Second Marsh. /2 _2_ It was further noted that the north Courtice area represented the only urban area anywhere in the Region completely covered by an "Environmentally Sensitive Area" designation. Second, as part of the review of the Plan, there were extensive discussions between the Region and the Ministries of Municipal Affairs and Agriculture and Food regarding the Region's ability to justify all of the urban areas proposed in the Plan. Given that staff did not identify a need nor provide any justification for inclusion of the subject lands, the Ministry questioned Council's rationale to include them. Since approval of the Plan, we have convened a meeting between the Region, Town, CLOCA and the proponents to assess the facts surrounding this situation. Our conclusions from that meeting were that there was disagreement as to the conclusions of the proponents' technical studies; that significant portions of the forested area covering these lands had been removed; and, that despite such deforestation CLOCA still considered the lands to be environmentally sensitive. Since adoption of the Plan, the Ministry has also been advised of ongoing concerns regarding wellwater quality along Courtice Road to the east. It has been suggested that approval of the subject lands as "Urban Area" would assist in bringing piped water to the residents and institutional uses along Courtice Road. More recently, on July 18, 1994 Clarington Council passed a resolution requesting that the Ministry support a 30 year urban area boundary in the Clarington Official Plan in order to facilitate resolution of the water problem along Courtice Road even though the Courtice Road area would not be included within the urban area boundary. Having considered these matters, I offer the following comments. First, although completely supportive of the need to address potential health.hazards arising from quality problems with wellwater supplies along Courtice Road it has not been demonstrated that such an action would assist in resolving the situation. Further, neither the DROP or this Ministry's policies permit area municipalities to designate more than 20 years of lands for development. As a result, we do not support the use of a 30 year urban area boundary within the Clarington Official Plan. /3 1 «1 l -3- , Second, by copy of this letter we request confirmation from the Region, the Municipality, CLOCA, MNR and MOEE as to the adequacy of the proponents' technical reports. In addition, we request the identification of any approaches, policies and /or measures needed to maint in and /or enhance the quality and quantity of the ground and surface water resources as they relate to the environmental, sensitivity of these lands, Farewell and Black Creeks and the Second Marsh. Third, justification for inclusion of the subject lands is required, particularly given recent land budget analyses being undertaken by Clarington in support of its new official plan. The justification for inclusion of these lands as urban area should be undertaken in the context of both the Courtice urban area and Clarington as a whole in the context of a 20 year urban area boundary for the municipality's urban areas. In closing, we would be pleased to meet to discuss these matters in detail and will be in contact to ensure you are in possession of the proponents' technical studies. If you have any questions, please call Victor Doyle at (416) 585 -6064. Yours truly, —b) I Diana Jar. ine, M.C.I.P. Director Plans Administration Branch Central and Southwest c.c. F. Wu, Municipality of Claringtont D. Wright, CLOCA J. Barker, Ministry of Natural Resources S. Janusas, Ministry of Environment and Energy W. Manson M. Foley D. Martin Mr. Gord Mills, MPP Durham East Attachment No. %/% ................ . . . . .i, ...... , oil •� r • P. • 1 Attachment No. 3 DEVELOPMENT CONCEPT A population target of 2200 persons was indicated for the neighbourhood, with 529 detached dwellings and 106 townhouse units. Adelaide Avenue is proposed to run along the existing northern urban area boundary, with a north -south collector road running through the neighbourhood between Adelaide Avenue and Pebblestone Road. An elementary school block and park were identified in the south central portion of the neighbourhood. Two local'commercial sites were proposed at the north and south ends of the collector road (0.39 ha and 1.04 ha respectively). Open Space blocks were identified for the Farewell Creek valley and an intermittent tributary in the south end. CONCEPTUAL SERVICING REPORT Sanitary sewer and water services are proposed to be extended northward from existing urban development in Neighbourhood 3A. Minor storm water flows from the proposed community would be conveyed via a storm sewer under Adelaide Avenue to a water quality pond on the north side of Adelaide Avenue directly adjacent to Farewell Creek. The quality pond would discharge to a detention pond on the south side of Adelaide Avenue which is intended to control post- development flows to Farewell Creek to pre- development levels. The possible incorporation of a foundation collection system was suggested. This would collect cool clean groundwater and convey it through the minor drainage system to discharge with surface storm water into Farewell Creek. The possible use of infiltration techniques to enhance baseflow to Farewell Creek was also suggested. It was noted however, that the fine - grained sub - surface soils and shallow groundwater table would minimize their effectiveness. 2 21 Major overland storm water flows from the proposed community would be conveyed within roadway structures, and would flow to the water quantity pond before discharge to Farewell Creek using a soft (non- engineered) outfall within the channel of an existing tributary. It was indicated that the use of a common outfall for all storm water would avoid the need for additional discharges to the Farewell Creek valley. An open space block along the existing intermittent watercourse through the site would accommodate overland flow from a 75 ha drainage area east of Trulls Road. An engineered channel would convey these flows directly to Farewell Creek. HYDROGEOLOGIC ASSESSMENT The Report identified three main aquifers below the study area. The shallow overburden aquifer within the granular mantle represents the principal aquifer for domestic water supply to area wells and provides baseflow to Farewell Creek. Stable groundwater levels ranged from 0.15 m to 1.2 m below grade. The aquifer systems within the deeper glacial till and bedrock provide baseflow directly to Lake Ontario and are not locally significant. Recharge into the shallow aquifer occurs mainly from direct incident precipitation on the site. The Report indicated that the development of the proposed community is not expected to have a discernable impact on the volume of baseflow received by Farewell Creek from the shallow aquifer. Also, the loss in baseflow attributable to the proposed development was estimated to result in less than a 3% flow reduction in Farewell Creek related to summer flows. Of the 38 private wells within and adjacent to the proposed community, 12 are shallow bored or dug wells less than 4.5 m deep and would be would be within 75 m of buried services. These wells would be considered sensitive to possible future impact. PRELIMINARY ENVIRONMENTAL OVERVIEW The biophysical features of the plan area were evaluated and assigned a priority class from 1 (high) to 5 (low) . Recommendations for the management of biophysical features were developed based on the assigned priority class. The Farewell Creek valley was identified as the most significant feature in the plan area. It is well - defined and heavily forested with steep slopes. Numerous groundwater seepage zones occur along the valley slope which contribute groundwater discharge to the creek. Due to removal of the tableland forest cover, it remains as the only significant wildlife habitat in the area. Farewell Creek also provides important habitat for a variety of resident and spawning coldwater fish species. The preservation of the coldwater fish habitat adjacent to and downstream of the plan area is dependent upon the maintenance and enhancement of baseflow, the coldwater temperature regime, and stream morphology and character, as well as protection from sediment, nutrient and contaminant loading. The Farewell Creek valley was assigned a priority class of 1. The valley and its features are to be protected with no encroachment by development permitted. It is proposed to dedicate the valley and an adjoining top -of -bank buffer to the appropriate public authority. Due to the clearing of the forests on the tableland adjacent Farewell Creek, a previous wildlife habitat linkage between Farewell Creek valley and the Trulls Road - Courtice Road Woods to the east was eliminated. Only a few isolated and disturbed woodland remnants remain, which offer limited potential for wildlife habitat. Residential development would further isolate these remnant stands and limit their ecological function. These remnant woodlands were assigned a priority class of 3 which indicates that these areas are less sensitive to development, with a greater degree of intrusion and /or alteration permitted. These woodlands are generally not well - suited for passive recreational use or tree preservation. The Report suggested that a secondary habitat linkage could be created along the southern drainage swale. Most of the plan area was identified as possessing limited or no constraints to development, and was assigned a priority class of 4 or 5. These areas included disturbed fields and cleared woodlands. THE CORPORATION OF THE MUNICIPALITY OF CLARINGT Memorandum MUNICIPALI?Y Q1= CL :PIftr,TON PLANNING D-E-FAriTlltEidTT. Attachment No 4. To: Janice Szwarz, Senior Planner, Strategic Planning Branch From: A.S. Cannella, Manager of Engineering, Public Works Date: January 10, 1995 (Revised February 8, 1995) Subject: DEFERRAL NO. 6 TO THE REGION OF DURHAM O.P. (1991) COURTICE NORTH NEIGHBOURHOOD 3D FAREWELL CREEK COMMUNITY (TONNO ET AL.) We have reviewed the preliminary technical reports submitted by the proponent and feel that, though preliminary in nature, the following concerns must be addressed to the satisfaction of the Director of Public Works prior to the submission of a Draft Plan for approval. 1. That a watershed study addressing stormwater management and water.quality issues for the ENTIRE watershed be submitted to this department, the Ministry of Natural Resources and the Central-Lake Ontario Conservation Authority for review and approval. This report should address the groundwater baseflow to Farewell Creek, minor and major flood routing, and water quality as it relates to fish and riparian habitat. 2. That proposed future development patterns within this watershed be confirmed in order to tie in with the development plans for this proposal. The addition of this development to North Courtice will increase the amount of vehicular and pedestrian traffic in the proximity of the proposed development. We anticipate that Pebblestone Road, Trull's Road and Adelaide Avenue may require upgrades to existing roads, sidewalks and street illumination, in order to properly accommodate this development and the increased traffic it will bring about. Some of the anticipated improvements are not included in the Municipality's Development Charge Study. 3. This development cannot proceed until any and all improvement works to roads, sidewalks and street .../2 1 2,2- -2- illumination, which are necessary to properly facilitate this development, have been included in the Municipality's Development Charge Study, and until such time as the Municipality has budgeted and allocated funds for all of the necessary upgrades and improvements. 4. The developer will be responsible to submit a Traffic Impact Study which assesses the impact of the proposed development on vehicular and pedestrian traffic. The study must identify any and all improvements external to the development, which are necessary to properly accommodate this development within the existing infrastructure of Courtice. 5. The location and alignment of future Adelaide Avenue has not yet been approved. This development cannot proceed until the final alignment is approved by the Municipality and the Region. The final approval process of the Adelaide Avenue construction will involve an Environmental Assessment. 6. That the proposed draft plans be adjusted to reflect the recommendations of the Preliminary Environmental Overview. The proposed revision shall include the preservation of both Farwewell Creek tributary drainage channels providing a natural link to the north /east and east between Farewell Creek /Trull's Courtice Woods /Bowmanville Creek. The ultimate design of these drainage channels should include the replacement of riparian habitat. 7. That the proposed draft plans should be reviewed and adjusted to provide the minimum buffer zone between the Farewell Creek top of bank and the development zone per Ministry of Natural Resources requirements. Should this amendment be approved, additional comments regarding the final design requirements will be addressed upon receipt of a preliminary Draft Plan addressing the above comments. If you have any questions regarding the above - mentioned, please contact the undersigned or Nick Colucci. Yours truly, A.S. Cannella, C.E.T. Manager of Engineering ASC /NPC 12 -29 The Regional Municipality of Durham Planning Department Box 623 1615 Dundas St. E. 41h Floor Lang Tower West Building January 18, 1995 Ms, Diana Jardine Plans Administration Branch Ministry. of Municipal Affairs 777 Bay Street, 14th Floor Toronto, Ontario M5G 2E5. ,J JAN '1 9 MUNICIPALITY OF CLARINGTON PLANNING DEPARTMENT ORIGINAL BY tVli, COPY BY FAX Attachment Nop .5 . Whitby, Ontario Dear Ms. Jardine; Canada L1 N 6A3 () Fax (905) 43616612 Re; Deferral No. 6 to the Durham Regional Official Plan AL Georgieft, M.c.i.P: and the North Courtice Area Commissioner Ministry File No.; 18 -OP -0012 eof:Planning File: 4.17.1 Please Quote Ref. No.: :Sd 900Z Further to *your correspondence dated December 5i 1994,: we wish to confirm the support of Regional Council for inclusion of lands subject of Deferral No. 6 (and Referral No. l) within the Courtice urban Area. Regarding *the technical reports. prepared on behalf of the- land. owners within Deferral No, 6, we have reviewed the "Conceptual Servicing Report for Farewell Creek Community" prepared by D.G. Biddle.& Associates Limited: 'We are in general agreement with the conclusions of this report as they relate to'thelssues of sanitary sewerage and water distribution. Trunk sanitary sewer capacity appears. to be adequate and local sanitary sewers are marginally deficient only in a few areas. Regarding the "Preliminary Environmental Overview" prepared by Ecoplans Limited and the "Hydrogeologic Assessment" prepared by Walter H. Gibson & Associates Ltd.,, ' we understand that staff of the Central Lake Ontario Conservation. Authority, Ministry of Natural Resources and Ministry of Environment and Energy will be providing you with their technical assessment: In the event that the subject lands are included within the Urban Area, an environmental impact study in accordance with Section 2.3.17 of the Durham Regional ' Official Plan will be a prerequisite for any development proposal, since there is an Indication of. environmentally sensitive area on Map A5 of the Plan. Regarding the justification for inclusion of the subject lands, in context of the land budget analysis, the Region's urban land supply calculations have consistently included -the acreage for the lands subject to Deferral No. 6 since.-they were part of.the Council_ adopted Official Plan. since June 5, 1991. i Printed by Marie Knight 3/03/95 12:47pm ------------------------------------------------------------------------------- From: Janice Szwarz CONFIRMED To: Marie Knight Subject: Report PD -17 -95 (Municipal Comments on Deferral Area 6) ------------------------------------------------------------------------------- ==== NOTE____ ___________ 2/27/95 Please add the following name to the list of interested parties for the above - referenced report: Mr. Yugo Costanzo 4131 Trulls Road R.R. # 3 Bowmanville, Ontario L1C 3K4 Thanks