HomeMy WebLinkAboutPD-61-90 """U"'"°p , TOWN OF NEWCASTLE
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ERSHED
REPORT File # `.5 31 19
Res. #
By-Law #
METING: General Purpose and Administration Committee
DATE: February 5, 1990
REPORT #: PD- 61 -90 FILE #:
SUB,JECT: REQUEST FOR REDUCTION IN THE REGULATORY FLOOD STANDARD
FOR THE DARLINGTON CREEK WATERSHED
FILES: PLN 17.3 AND DEV 86-85
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 61 -90 be received;
2 . THAT the Town of Newcastle withdraw the request to the
Ministry of Natural Resources for a change in the Regulatory
Flood Standard for the Darlington Creek watershed from the
Regional Storm Flood to the 100 year Storm Flood; and
3. THAT a copy of this Report and Council's decision be forwarded
to the Ministry of Natural Resources, the Central Lake Ontario
Conservation Authority, the Region of Durham Planning
Department and Mr. J. Silva.
1. BACKGROUND
1. 1 On December 14, 1989, the Town received a letter from the
Ministry of Natural Resources regarding the Town's request for
the reduction in the Regulatory Flood Standard for the
Darlington Creek watershed from the Regional Flood (Hurricane
Hazel) to a 1:100 year flood (Attachment No. l) . The Ministry
advised that failure to submit the necessary information
. . .2
599 10
REPORT NO. : PD- 61 -90 PAGE. . .2
related to the request by the end of 1989 would result in
closure of the file. Staff have requested the Ministry to
delay closure of the file pending Council's consideration of
the matter.
2. PLANNING HISTORY
2 . 1 The Town's request in respect of the Regulatory Flood for
Darlington Creek was initiated as the result of Rezoning and
Site Plan Application DEV 86-85 submitted by Mr. J. Silva
(Ventury Homes) in December 1986 . This application proposed
the construction of a manufacturing facility for prefabricated
housing and an associated display court and sales office in
Part Lot 16, Broken Front Concession, former Township
Darlington with outside storage on the remainder of his
holdings . (Attachment No.2)
2 .2 At the time of application, the frontage of the subject
property was zoned "H(M1) " , while the rear portion was zoned
"EP" . The entire property is significantly affected by the
Regional Storm floodlines for Darlington Creek. A floodplain
study prepared for the site, pursuant to the requirements of
the Central Lake Ontario Conservation Authority indicated that
the application of a 1: 100 year flood standard would free up
a significant portion of the property within the "EP" zone for
development. Central Lake Ontario Conservation Authority Staff
indicated they were prepared to accept the Study subject to
the approval by the Ministry of Natural Resources of a
reduction in the Regulatory Flood for the Darlington Creek
watershed.
2 .3 On September 28, 1987, Council approved By-law 87-158 which
lifted the Holding symbol on a 1.4 ha (3.48 acre) portion of
the "H(Ml) " zone at the northeast corner of the property. This
. . . 3
599 11
REPORT NO. : PD- 61 -90 PAGE. . . 3
same site was rezoned to "Ml-6" by By-law 89-73, approved by
Council on May 15, 1989 . The "M1-6 " zone permits the outside
storage of a maximum of 7 modular homes as an accessory use
to the manufacturing plant.
A Development Agreement, previously entered into by Belton
Masonry (formerly Ventury Homes) , was also amended in July
1989 regarding the outside storage of the modular homes.
Schedule "C" of the Agreement, being the Approved Site Plan,
indicates that the proposed manufacturing facility can be
built entirely on the site zoned "Ml-611 . Outdoor storage
requirements would have to be obtained by further rezoning the
balance of the property.
2 .4 Central Lake Ontario Conservation Authority has issued a Fill
and Construction Permit for the easterly 0 .97 ha (2 .4 acres)
of the site currently zoned "M1-611 . However, the Authority has
objected to the development of the site beyond the area
already approved for filling prior to the Regulatory Flood for
the Darlington Creek watershed being reduced to the 1:100 year
level.
3. PROCEDURE FOR CHANGING THE REGULATORY
FLOOD STANDARD
3. 1 The Provincial Policy Statement on Flood Plain Planning states
that the 100 year flood is the minimum acceptable regulatory
flood standard in a watershed. For those watersheds with a
regulatory flood standard greater than the minimum acceptable,
municipalities may apply to the Ministry of Natural Resources
to change the standard, in accordance with the procedures set
out below:
. . .4
599 12
REPORT NO. : PD- 61 -90 PAGE. . .4
i) The request for a change in the Regulatory Flood must be
made to the Minister of Natural Resources in the form of
a Council endorsed resolution.
- On October 3, 1987, Council adopted the required
resolution indicating no objection to a change in the
flood standard.
ii) The initiating municipality will provide a suitable forum
for public input for which prior notice is given to the
general public.
- A Public Meeting with respect to the proposed reduction
of the Regulatory Flood Standard for Darlington Creek was
held at the General Purpose and Administration Committee
meeting of October 5, 1987 . Notice of the Public Meeting
was advertised on September 19, 1987 in local newspapers.
iii) The relevant Conservation Authority will advise each
municipality within the watershed of the request, and
said municipalities will provide a public forum and
provide their position in the form of a Council endorsed
resolution.
- Central Lake Ontario Conservation Authority advised the
Region of Durham of the Town's request in March 1988. On
May 4, 1988, Regional Council adopted a resolution
stating that the Region supports a reduction in the
regulatory flood standard for the Darlington Creek
Watershed to the 1: 100 year level. The Region did not
provide a public forum inasmuch as Darlington Creek
watershed is located entirely within the Town and
. . .5
599 13
REPORT NO : PD- 61 -90 PAGE. . .5
therefore the Town's public meeting satisfied the
requirement for public notification.
4. CALCULATION AND REMAPPING OF REVISED FLOOD LINES
4 . 1 In February 1988, Central Lake Ontario Conservation Authority
adopted the following resolution:
"THAT the Ministry of Natural Resources be informed that the
Authority does not oppose a reduction in the regulatory flood
standard for the Darlington Creek watershed to the 1: 100 year
level;
THAT the Town of Newcastle be informed that the 1: 100 year
flood levels for the entire watershed should be provided prior
to the finalization of the reduction in the regulatory flood
standard;
THAT the Town of Newcastle acknowledge and confirm that it
will assume responsibility for all costs associated with
remapping of the watershed and associated with other studies
and projects that may be required to implement the reduction
in the regulatory flood standard.
4 .2 Authority Staff have advised the Town that the provision of
the information related to the revised flood lines is the only
outstanding requirement with respect to the reduction in the
Regulatory Flood Standard. The Authority has further indicated
that the minimum requirement in order to finalize the
processing of the requested reduction would be the hydraulic
and hydrologic modelling of the entire Darlington Creek
Watershed to determine the revised flood lines . These new
flood lines could be used in conjunction with the existing
flood plain mapping. The Authority indicated that the actual
remapping of . . .6
599 14
REPORT NO. : PD- 61 -90 PAGE. . .6
the flood lines could be provided at an unspecified later
date.
4.3 Mr. J. Silva of Belton Masonry was previously advised by Town
Staff that all costs related to undertaking the change in the
Regulatory Flood are to be borne by the applicant. Belton
Masonry had previously commissioned a study which dealt with
only the lands between Highway 401 and the C.N. mainline.
The applicant has recently advised Staff that they are
unwilling to assume the costs related to the entire watershed,
that they had not successfully convinced other landowners to
share the costs and have requested that the Town share a part
of the costs .
4 .4 In this regard, tentative cost estimates provided by three
qualified engineering consulting firms indicate that the total
costs for modelling and mapping would be approximately $30,000
to $35,000 . However, the cost estimates for the individual
study components varied widely.
4 .5 The Darlington Creek watershed lies almost entirely outside
of the urban area boundary for Bowmanville Urban Area as
indicated by Attachment No. 3. Since the reduction in the
flood standard would mostly benefit Mr. J. Silva, Staff are
reluctant to recommend the expenditure of public funds to to
conduct the study to benefit one landowner as it would set a
dangerous precedent.
5. CONCLUSION
5 . 1 The Town has acted in good faith to follow the required
procedures to support a reduced regulatory flood standard to
facilitate the Belton Masonry (Ventury Homes) proposal.
. . .7
599 15
REPORT NO. : PD- 61 -90 PAGE. . .?
Provision of the required technical information to finalize
the requested reduction should be the sole responsibility of
the benefiting landowners . Without a committment from Belton
Masonry to assume the total costs related to the reduction in
the flood standard, it is recommended that the Town withdraw
its request to the Ministry of Natural Resources.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. rawren f. Kotseff
DIrector of Planning Chief nistrative
and Development Officer
JAS*DC*df
*Attach
26 January 1990
. . .8
599 16
REPORT NO. : PD- 61 -90 PAGE. .8
Interested parties to be notified of Council and Committee's
decision:
Mr. J. Silva
Belton Masonry Limited
160 Baseline Road,
Bowmanville, Ontario. L1C 1A2
Mr. C. Conti
Central Lake Ontario
Conservation Authority,
100 Whiting Avenue,
Oshawa, Ontario. L1H 3T3
Mr. Maurice G. Lewis,
Director
Conservation Authorities and
Water Management Branch,
Ministry of Natural Resources,
99 Wellesley Street West,
Room 5620,
Whitney Block, Queen's Park,
Toronto, Ontario. M7A 1W3
599 17
Ministry of Mi , zre des A*
Natural Richesses
Resources naturelles Attachment No. 1
Ontario
December 4, 1989 �t� r - - --
b
ULL i 7Jj
Mr. Larry Kotseff _ PPD 7-5-16
Chief Administrative Officer i t � i; r -
Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 3C6
Dear Mr. Kotseff:
RE: Request to Change the Regulatory
for the Darlington Creek Watershe+
the Jurisdiction of the Central Lake
Conservation Authority
Further to Policy 2.3 of the Provincial Policy for Flood Pla __ .aiming, the Town of
Newcastle applied to the Minister of Natural Resources for a change in the regulatory
flood standard from the Hurricane Hazel Storm to the 100 year flood in October 1987.
In accordance with the procedures established to change the regulatory flood standard,
the Central Lake Ontario Conservation Authority has been canvassed to provide
comments concerning the request on several occasions since November 1987. To date,
we have not received a response in support of/nor in opposition to the Town's request.
The position of the Conservation Authority would appear to be that they require the 100
year flood levels for the entire watershed before a change in the regulatory flood
standard can be supported by the Conservation Authority. The Conservation Authority
also explains that the required studies are to be carried out by the benefitting
landowners in the watershed and that they do not have any information indicating a date
when this information would be available.
The request for a change in the regulatory flood standard for Darlington Creek has been
pending since October 1987. It does not appear that the necessary information upon
599 18
which the Minister would make her decision will be available in the foreseeable future.
Therefore, if we do not receive the appropriate information necessary for the Minister
to make a decision regarding the Town's request for a change in the regulatory flood
standard by December 29, 1989, we will consider the file to be closed.
Should the Town of Newcastle wish to pursue the request for a change in the regulatory
flood standard in the future, a new request to the Minister of Natural Resources will
then be necessary.
A copy of the approved procedures as noted above, is attached for your information.
Yours sincerly,
Maurice G. Lewis
Director
Conservation Authorities and
Water Management Branch
Ministry of Natural Resources
99 Wellesley Street W., Room 5620
Whitney Block, Queen's Park
Toronto, Ontario
M7A 1W3
NG:
Enclosure
cc: Donald Evans Chief Administrative Officer Regional Municipality f Durham
g p ty o ur am
William M. Campbell, Chief Administrative Officer/Secretary Treasurer, Central
Lake Ontario Conservation Authority
Central Region, MNR, Attention: G. Price, T. Kurtz
599 19
Attachment No. 2
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LANDS .AFFECTED BY
INSTITUTIONAL AREAS SU�—CENTRAL AREAS
SECTION 12-3-3
\\ s:' •••S'S COMMUNITY HAZARD
INDUSTRIAL
PURPOSE
UTILITIES SID CIAL SPErIAL STUDY AREAS
• AREAS PERMANENT AGRICULTURAL :1 GENERAL-AGRICULTURAL ENVIRONMENTALLY SENSITIVE AREAS
RESERVE AREAS j AREAS
HAMLETS • DARLINGTON
��DENOTES MAXIMUM NUMBER NEON WATERSHED BOUNDARY
OF RESIDENTIAL.UNITS
PERMITTED
• •
... v 7*-1[—SANITARY LANDFILL SITE EXTRACTION AREAS
SUBSECTION .
SECTION 14-3 4