HomeMy WebLinkAboutPD-36-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: DESREQ.GPA REPORT
Meeting: General Purpose and Administration Committee File #112a C-S?
Date: Monday, April 3, 1995 Res. # '(2i2\p Z-
Report #: 12D =3095 File #: PIP 37 14 By -law #
Subject: COURTICE NORTH - REQUEST TO DESIGNATE UNDER THE ENVIRONMENTAL
ASSESSMENT ACT
FILE: PLN 17.14
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -36 -95 be received;
2. THAT Report PD -36 -95 be approved as the comments of the
Municipality of Clarington on the request by Libby and Stan
Racansky to designate Courtice North Neighbourhoods 3a, 3b and 3c
.and adjacent lands under the Environmental Assessment Act;
3. THAT a copy of this Report and Council's decision be forwarded to
the Ministry of Environment and Energy - Environmental Assessment
Branch, the Durham Region Planning Department, the Central Lake
Ontario Conservation Authority, Mr. Stan Racansky, and any
delegation and interested party.
1. OVERVIEW
1.11 Purpose of Report
1.1.1 The purpose of this Report is to respond to a letter from the
Ministry of Environment and Energy requesting the
Municipality's comments on a request submitted by Libby and
Stan Racansky to designate the Clarington Official Plan,
specifically Courtice North (3a, b and c) and adjacent lands,
under the Environmental Assessment Act (Attachment No. 1).
1.2 Designation Request
1.2.1 The designation request was submitted by Mr. and Mrs. Racansky
to Mr. Bud Wildman, the Minister of Environment and Energy, by
letter dated February 1, 1995 (Attachment No. 2). The basis
of the designation request appears to be that urban
development within Courtice North and adjacent lands would
negatively affect baseflow to Black and Farewell Creeks, and
REPORT NO.: PD -36 -95 PAGE 2
would ultimately affect water quality and wildlife in the
provincially significant Oshawa Second Marsh.
1.2.2 The Ministry's requested various agencies, including the
Municipality, the Region, the Central Lake Ontario
Conservation Authority, the Ministry of Natural Resources and
the Ministry of Municipal Affairs, to provide the following:
• background information about the project;
• related approval requirements;
• whether or not an individual environmental assessment is
needed;
• potential solutions to the issues raised; and
• other relevant comments.
2. THE ENVIRONMENTAL ASSESSMENT ACT
2.1 The Environmental Assessment Act applies to infrastructure
projects undertaken by provincial ministries and agencies, and
major municipal projects. Public and private sector projects
to which the Act does not apply can be designated by
provincial Cabinet as being subject to the Act if significant
environmental effects are anticipated.
2.2 The proponent of an undertaking to which the Act applies is
required to submit an Environmental Assessment document to the
Ministry of the Environment and Energy which is to include the
following:
a description of the project;
the reasons for the project;
alternatives to the project and alternate means of
carrying it out;
a description of how the project, its alternatives, and
alternate means of carrying it out, will affect the
environment directly and indirectly;
a description of the effects and the actions necessary to
prevent, change, lessen or remedy these effects;
REPORT NO.: PD -36 -95 PAGE 3
an evaluation of the advantages and disadvantages to the
environment of the project, its alternatives, and the
alternate means of carrying it out.
2.3 The Environmental Assessment Act is normally used to assess
the environmental effects of individual site - specific
projects, such as roads and waste management sites. This is
evidenced by the requirement to identify and evaluate
alternatives to the proposed undertaking. The evaluation
process set out by the Act was not intended to assess the
environmental impact of designating land for development
through a municipal Official Plan, although specific
infrastructure required to serve any new development is
subject to the assessment requirements of the Act. For
example, a Class Environmental Assessment is required for the
construction of Adelaide Avenue east of Townline Road.
3. COMMENTS
3.1 There are two components to the designation request, as
follows:
• Courtice North Neighbourhoods 3a, 3b and 3c within the
existing urban boundary; and
• the "adjacent lands ", presumably those lands north of the
existing urban boundary on which development is proposed.
These two areas are identified on Attachment No. 3. The
comments provided in this section address each area separately
in the context of the specific points identified in the
Ministry's letter. Staff also propose to forward a number of
documents to the Ministry to assist them in their review of
the designation request. These documents are listed on
Attachment Nos. 4 and 5.
3.2 Courtice North Neighbourhoods 3a, 3b and 3c
3.2.1 Background information about the project
3.2.1.1 The principle of urban development for the lands in Courtice
North Neighbourhoods 3a, 3b and 3c is long established, and
much of the land in these neighbourhoods is already developed
REPORT NO.: PD -36 -95 PAGE 4
for urban purposes. The lands in Neighbourhoods 3a, 3b and 3c
were designated as part of the Courtice Urban Area in the
first Durham Regional Official Plan in 1976. This urban
designation was reflected in the Courtice Urban Area Plan
approved in 1980 and subsequently incorporated into the Town
of Newcastle Official Plan in 1985.
3.2.1.2 In accordance with the requirements of the Courtice Urban Area
Plan, an Environmental Impact Analysis for Neighbourhoods 3a,
3b and 3c was undertaken by the Town. In November 1981,
Council adopted the 'Environmental Impact Analysis - Courtice
Urban Area' for use in preparing Neighbourhood Development
Plans for Neighbourhoods 3a, 3b and 3c, for evaluating
specific development proposals in the Courtice Urban Area, and
for evaluating the land use designations and policy provisions
of the Regional Plan and the Courtice Major Urban Area Plan
with a view to recommending possible amendments to these
documents.
3.2.1.3 Neighbourhood Plans have been prepared for all of
Neighbourhoods 3a and 3b, and the southern portion of
Neighbourhood 3c. The only lands without a Neighbourhood Plan
is that portion of Neighbourhood 3c north of Nash Road.
3.2.1.4 Subsequent to the approval of the 1991 Durham Regional
Official Plan, an Environmental Impact Study for the northern
portion of the Courtice Urban Area was undertaken for the
Region of Durham in 1994. It is Staff's understanding that a
copy of this report will be forwarded to the Ministry of
Environment and Energy by the Regional Planning Department.
3.2.2 Related approval requirements
All development applications are required to obtain
appropriate approvals (subdivision /site plan approval,
rezoning) prior to development proceeding. Council Resolution
REPORT NO.: PD -36 -95 PAGE 5
#C- 129 -85, approved on March 4, 1985, indicated Council's
desire to support all reasonable measures to avoid harming the
Second Marsh, and directed Staff to incorporate specific
provisions within Site Plan Agreements for lands tributary to
the Black, Farewell and Harmony Creeks. Any development of
these lands must proceed through the normal approvals process
under the Planning Act.
3.2.3 Whether or not an individual assessment is required
The reason for the request to designate the Clarington
Official Plan under the Environmental Assessment Act would
appear to be a concern regarding the cumulative impact of
urban development on the Black and Farewell Creeks and the
Oshawa Second Marsh. Staff agree that this is a matter of
some concern. However, the principle of urbanizing these
lands has been long established and, for reasons noted earlier
in this report, the evaluation process set out by the
Environmental Assessment Act is not the appropriate mechanism
for assessing the environmental impacts of land already
designated for urban development.
3.2.4 Potential solutions to the issues raised
The 1994 Environmental Impact Study of the Courtice Major
Urban Area undertaken for the Region made a number of
recommendations which, if implemented, would address many of
the concerns raised regarding the negative effect of urban
development on the Black, Farewell and Harmony Creeks. These
recommendations included a more detailed investigation of the
relationship of the groundwater regime in the study area and
baseflow contribution to coldwater streams, and the
preparation of environmental impact statements for all
proposed developments to identify mitigation methods to
minimize the impact to high water table conditions and /or
groundwater recharge areas. The Study also recommended that
attempts be made to protect existing woodlots and reestablish
forested linkages in the study area.
REPORT NO.: PD -36 -95 PAGE 6
3.3 The "Adjacent Lands"
3.3.1 Background information about the project
3.3.1.1 As noted earlier, Staff have assumed that the "adjacent lands"
mentioned by Mr. and Mrs. Racansky in their letter refers to
the proposed development lands north of the existing Courtice
Urban Area Boundary, specifically:
• Deferral Area No. 6 to the Durham Regional Official Plan;
and
• Referral Area No. 1 to the Durham Regional Official Plan.
3.3.1.2 Both Deferral Area No. 6 and the Referral Area No. 1 were
designated as 'Living Area' within the Courtice Urban Area by
Regional Council through their approval of the Durham Regional
Official Plan in 1993. The Ministry of Municipal Affairs, in
approving the Regional Plan in November 1993, deferred
consideration of the Deferral No. 6 lands and the related
urban area boundary, but referred the Referral No. 1 lands to
the Ontario Municipal Board hearing on the Regional Plan. The
Ministry of Municipal Affairs has recently indicated its
intention to also refer Deferral Area No. 6 to the Ontario
Municipal Board.
3.3.1.3 The Deferral Area No. 6 lands are also subject of Official
Plan Amendment Application OPA 93- 002 /C. The Ministry of
Municipal Affairs requested various agencies, including the
Municipality of Clarington, to provide comments on the
adequacy of the technical reports submitted in support of the
application. The Municipality responded through Council's
consideration of Staff Report PD -17 -95 on March 13, 1995.
3.3.2 Related approval requirements
As noted earlier, all development applications must proceed
through the normal approvals process under the Planning Act.
However, the lands north of the existing urban boundary were
REPORT NO.: PD -36 -95 PAGE 7
not included in the environmental studies undertaken for North
Courtice in 1981 and 1994. As such, the environmental
sensitivity of these lands and how the impacts of urban
development could be mitigated have not been comprehensively
studied.
3.3.3 Whether or not an individual assessment is required
As noted earlier, the evaluation process set out by the
Environmental Assessment Act is not the appropriate mechanism
for assessing the environmental impacts of designating land
for development through a municipal Official Plan.
3.3.4 Potential solutions to the issues raised
A comprehensive environmental study of the lands north of the
existing Courtice Urban Area boundary needs to be undertaken
to establish the principle of development for these lands,
specifically how much urbanization, if any, can be
accommodated. Issues to be addressed by such a study would
include an assessment of the groundwater regime and baseflow
contribution to coldwater streams and potential measures to
mitigate the impacts of development, the identification and
protection of significant wildlife habitat and linkages, and
measures to monitor the cumulative impacts of development. A
watershed planning study for all or part of the Black /Farewell
Creek watersheds would provide an appropriate framework for
undertaking a comprehensive environmental study for these
lands.
4. CONCLUSIONS
4.1 Where the principle of development has been established
(Neighbourhoods 3a, 3b and 3c), development applications can
be appropriately reviewed in the context of the
recommendations of the Environmental Impact Study recently
completed for these areas.
REPORT NO.: PD -36 -95 PAGE 8
4.2 Where the principle of development has not been established
(the adjacent lands north of the Courtice Urban Area) , a
comprehensive study on a watershed basis should be undertaken
to assess the potential for urban development.
4.3 The planning process is adequate to address concerns regarding
the impact of urban development on the natural environment in
both of these areas, and designation under the Environmental
Assessment Act is neither appropriate nor necessary.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
JAS *DC *FW *df
*Attach
24 March 1995
Attachments
Reviewed by,
-f & 111"V
W.H. Stockwell
Chief Administrative
Officer
No. 1: Letter from the Ministry of the Environment and Energy
No. 2: Letter from Mr. and Mrs. Racansky
No. 3: Key Map
No. 4: Information to be Forwarded to the Ministry of Environment and
Energy Regarding Courtice North Neighbourhoods #a, b and c
No. 5: Information to be Forwarded to the Ministry of Environment and
Energy Regarding the "Adjacent Lands"
Interested parties to be notified of Council and Committee's decision:
Libby and Stan Racansky Mr. Ron Yachnin
3200 Hancock Road Ministry of the Environment
Courtice, Ontario Environmental Assessment Branch
L1E 2M1 250 Davisville Avenue
Toronto, Ontario
M4S 1H2
COURTTCE DEVELOPMENT DESIGNATION',REQUEST
EA` FILE NO.
NlU- .014405 4r>
bisttibutiori List .
Mr: David'.Crump, Director
Dr, Mofeed Mi'chaea
Central Region
Cominss;oner. '9f> •Planning '.
Attn: Ms.'R.`Ryan;;
Region o•f Durham
Ministry of Environment .'and Energy
Box 623 .:
4th .Floor,' 7 Over ea Blvd
605 Ross_iand Road East` .: .
Toronto, Ontario
Whitby, ; Ontar� o '
M4H:' 1A8
L1N `6A3 `
Mr•. Brian `Nixon, Director
Mr. D.: Beach
Environmental. Planning and'
District Manager '
Analysis Branch> -
York- Durham.Districe :Office:.
Attn.: :Mr: Jim: Clifford:
Ministry .of En-Vi r.onment and'. energy..- .
Mini s try of., Environment - and'En'ergy
4h loor.
•-250 Davi `yille.. Avenue; -3rd •_
7 Overle'a Boulevard.
Toronto, Ontario -
.:�Toront,0 ,'. Ontar� o . :.... `
M4S 1H2
M414 111 8
:14;s. G.L..' Beggs,-
Acting; Region al Dir..ector
Ministry; of Natural Resources
:Southern Region=
`R. R,. #2,- 50 Bloomington. Road" Vest
Aurora, Ontario'.
Z4G 308
Ms . Diana Jardine' Director
Central and. ".Southwes -t Region
Ministry 'df. Muricpl Affairs _.
14th Floor,- `777.Bay Street
Toronto;. Ontar.i:o ..
:
M5G : 2E5
Mr. ..Davi:d.::Crbne', 'Manages
Stra6egic..Plannin9 Branch
Municipality .. o f:: Cl arington .
40 Temperance. Street ;.
Bowmanville, :•Ontario
L1C 3;A•6' . '
.. .
Mr. Chris Conti
Conservati.6h: Services'.Manager• .
-Central• .Lake Ontario
Conservation Authority
-
100 Whiting.• Avenue .
Oshawa ,: - Oiitar.io
L1H 3T3
WP112 \0198G
.. I l
,.I )V ei 1�1',: ... f :1;1)t ., 1 �l {'�1, ". {. „J*, . S \1 •.ini .T. lfri r.t.. . 1; •. y•VT ,ti,r E:N
k3l
UPC[ nsE I ;la.cr, p
i
F E 8 1 3
=- -DESIGNATION REQUEST
Dear Mr. Wildman,
Attachment No. 2 .
t 5 "�
,PA �3
We.are writing t0 you on behalf of the residents of Courtice (our
petition was mailed to you earlier). Please, save our last natural
heritage.
We are requesting that Clarin' gton';, official Plan, spevrfiCally
Court ice North (3a, b 8 c) and adjacont 7aridv, be des lgnec; if under
tha.F_nvironmentdl Assessment Act..
We have part i r. i pated in many . pub 1 i c hearings s i nc:e 1990, we have
pleaded with our council and planning department. ,
• Under relentless pressure from developers, our planning departnteriL
..director Mr .. Wu • t�o 1 d . us , that these I, i 9t� 1 y erry i•ronmenta 1 1'y
Sensitive lands will be developed anyway, Apparently in do.•ing so,
the administration 'is completely disregarding the Second Marsh
aoreoment which legally binds the council to do.anyt ►ring to protect
tha water quality and quantity in' the Ol.ack and-Farewell creeks.
There is already visible impact after earlier ,partial forest
clearing and- develooing,...._that our local creeks are drying Up. The
area _ in cues t.i on i s a s i gn.i f i cant recharge _for these Permanent _1 p .
Coldwater s_traams. More development will adversely affect the
baseflow and pollute,_,our oour ee of. drinkinq,.water, These creeks
al so _sU�ply thq- provincially, sigriif icant wetland, -_the Second Marsh.
. i n _Qshawa , w i t'h trout Arid s.al mon . The 1 SG maintain its water
_ . _.._ y --
Quallty required b. the marsh's wildlife throughou•Lthe
. -y year.
The Env i ronmenta l ,Ma � . ^_.' . -��
ppi'ng Project of CLOCA identified the area as
being the mnst environmentally sensitive in the whole 'Durham
Region.
This spring, the developer will build 71 townhouses along Black
Creek in the most important area that contain an active discharge
zone of groundwater which supplies the baseflow to this stream.
Our f.uturp, the future of our streams,
wildlife is in your hands.
Please, Mr. Wildman, help us..
In Courtice; Feb. 1, 1995
Libby and S P. Ping. /
3200 Hancock Rd.
Courtice, 'O,nt.
L1E 2M1
(905) 436 -2375
rrr.
remaining forest and
xim
I . 0 11 - a •
IAFU.'r-&�iTION TO BE FORWARDED TO THE MINISTRY OF ENVIRONMENT AND ENERGY
REGARDING COURTICE NORTH NEIGHBOURHOODS 3A, 3B AND 3C
1. Official Plan of the former Town of Newcastle
2. Draft Official Plan of the Municipality of Clarington
3. Environmental Impact Analysis - Courtice Urban Area for the
Corporation of the Town of Newcastle; Gartner Lee Associates
Limited, April 1981
4. Resolutions GPA -64 -81 (October 26, 1981) and C- 1282 -81 (November 2,
1981) in respect of the 'Environmental Impact Analysis for the
Courtice Urban Area'
5. Neighbourhood Development Plans for Courtice North Neighbourhoods
3a, 3b and 3c
6. Council Resolution #C- 129 -85 (March 4, 1985) regarding
incorporation of provisions into Site Plan Agreements for lands
tributary to Black, Farewell and Harmony Creeks
7. Development Agreement Between The Corporation of the Town of
Newcastle and 563186 Ontario Limited, dated March 7, 1985 (Pollard
Lands)
Attachment No. 5
INFOR14ATION TO BE FORWARDED
REGARDING "ADJACENT
1. Comments of the Municipality of Clarington on the Durham Regional
Official Plan Review
• Report PD- 311 -90 and Council Resolution #C- 744 -90;
• Report PD -59 -91 and Council Resolution #C- 185 -91;
• Report PD- 108 -92 and Council Resolution #C- 328 -92;
• Report PD -77 -93 and Council Resolution #C- 361 -93.
2. Technical Reports submitted in support of Official Plan Amendment
Application OPA 93- 002 /C:
• Development Concept (April 1993) - Bousfield, Dale- Harris,
Cutler & Smith Inc.,
• Conceptual Servicing Report (April 1993) - D.G. Biddle &
Associates Limited;
• Hydrogeologic Assessment (March 1993) - Gibson & Associates
Ltd.;
• Preliminary Environmental Overview Final Report (April 1993)
and Addendum Report (August 1993) - Ecoplans Limited.
3. Staff Report PD -17 -95