HomeMy WebLinkAboutPD-126-90 TOWN OF NEWCASTLE
` AR-CREE.GPA
REPORT °
File #4
Res. #
_ r-}• By-Law #
METING: General Purpose and Administration Committee
DATE: April 2, 1990
REPORT #: PD 126 -90 FILE #:
SUB.ECT: 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- 126-90 be received;
2 . THAT the Ministry of Natural Resources be requested to delay
its closure of the file in respect of reducing the Regulatory
Flood Standard for the Darlington Creek Watershed in order to
allow the supporting studies to be completed; 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 March 12, 1990, Council considered a letter from Mr. J.
Silva which confirmed that Ventury Homes would be commencing
a study on the Darlington Creek Watershed, and that said study
should be completed within a three month period (Attachment
#1) . Council resolved to refer the correspondence to the
Planning Department for review and preparation of a report to
the General Purpose and Administration Committee.
599 16
REPORT NO. : PD 126 -90 PAGE 2
1.2 On February 12, 1990, Council adopted a resolution to withdraw
its 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. Council's resolution was in response to Report PD-61-
90 which outlines the planning history of Mr. Silva's
application (Attachment #2) .
1. 3 The study to be undertaken by Ventury Homes would establish
the 100 year storm flood lines for Darlington Creek Watershed,
and is the only outstanding requirement with respect to the
reduction in the Regulatory Flood Standard.
1.4 On February 20, 1990, the Central Lake Ontario Conservation
Authority approved a Fill and Construction Permit for the
Ventury Homes site in Part Lot 16, Broken Front Concession,
former Township of Darlington. The approval was subject to
a number of conditions, including the posting of a Letter of
Credit by Ventury Homes with the Authority to ensure the
completion of the study to determine the 1: 100 year flood
lines for the Darlington Creek Watershed.
I
2. STAFF COMMENT AND CONCLUSION
i
2 . 1 Staff have discussed this matter with the Conservation
Authorities and Water Management Branch of the Ministry of
Natural Resources who have indicated their willingness to
delay closing the file on the Darlington Creek Watershed.
Ministry Staff also indicated that they would impose a 'sunset
clause' on such an extension to avoid further delays in the
processing of the reduction request.
599 1
REPORT NO. : PD-126 -90 PAGE 3
2 .2 Given the commitment by Ventury Homes/Belton Masonry to assume
all costs related to reducing the flood standard for the
Darlington Creek Watershed, Staff have no difficulty in
recommending the Ministry of Natural Resources be requested
to delay its closure of the file.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I .P. Lawrenc . Kotseff
Director of Planning Chief inistrative
and Development Office
JAS*DC*FW*df
*Attach
22 March 1990
599 i8
REPORT NO. : PD-126-90 PAGE 4
INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S
DECISION:
Mr. J. Silva
Belton Masonry Limited
160 Baseline Road,
Bowmanville, Ontario.
L1C 3A2
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 19
Attachment No. 1
o �S•3% i9
160 BASELINE RD., BOWMANVILLE, ONT. CANADA L1C 1A2
1-(416)-623-2559
March 2 , 1990
t
t
Corporation of The Town, . .
of Newcastle
40 Temperance St.
Bowmanville, Ontario
L1C 3A6
Attention:
Dear Patti L. Barrie (Town Clerk) :
The Town of Newcastle have indicated that they
will not participate in a study to confirm the change
to the flood standard for the Darlington Creek, from
the Regional Storm to the 1:100 Year Flood Standard.
Since it was our intention all along to undertake
the study (at no time did we indicate otherwise) , we
will have to pay for it ourselves.
This letter will serve as confirmation by Ventury
Homes that a study on the Darlington Creek Watershed
will commence upon selection of the appropriate
engineering firm. It is expected that the study will
be completed within a 3 month period.
Yours truly,
Joe Silva
President
c.c. Mr. Don Greer t
Min. of Natural Resources ��✓
Watershed Management -Planning
JS:bw
599 20
Attachment No. 2
TOWN OF NEWCASTLE
�ERSHED
�:�� � �� ` C• REPORT File #
Res_ #
By-Law #
MEET ING: General Purpose and Administration Committee
DATE: February 5, 1990
REPORT #: PD- 61 -90 FILE #:
StRECT: 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 Standard--.. .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. l :
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
j
599 21
r
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
-` propertys_was .zoned«...H(Ml)", while -.the .tear :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
. . ..
REPORT NO. : PD- 61 -90 PAGE. . . 3
same site was rezoned to "M1-6" 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 "M1-6" . 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 "M1-6" : 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 100year 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 23
1 1
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>19i1987.,;in:local newspapers:..
= 'iii) The relevant. Conservation .. Authority .will advise each :
municipality , :the request.,, and'--'.'.--
said .municipalities:::will;:; provide Y:a public :forum and
provide -their position in:the.:;:fo=,*of-a Council endorsed
resolution:
- Central Lake Ontario,:Gonservation`'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
t.
i l
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;
1 '• ;.:;
THAT;-the .Town of="Newcastle.::acknowledge; and- confirm Ghat it
will assume .-responsibility for all costs .. associated with
remappi.ng :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 .r Authority Staff -have:-advised the Town :that ahe .'provision of
information related t6' the revised: flood `lines is. the`only{i �ii <.
outstanding.:requirement with respect to the reduction in' the :: r
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
REPORT NO. : PD- 61 -g0 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 . j Since the reduction in the
flood standard would- iostly 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.
S. 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 .
i
REPORT NO. : PD- 61 -90 PAGE. . .7
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. Lawrence E. Rotseff
DIrector of Planning Chief. Administrative
and Development Officer
JAS*DC*df
*Attach
2 6 January 1990 ,
599 21
REPORT NO. : PD- 61 -90 PAGE. .8
i
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,`.
Block,:..Queeri s, Park;Whitne
Toronto -:Ontario' ''
599 2,8
h.
Ministry of MJ 'kre des
Natural Ric;nesses
Resources naturelles Attachment No. 1
Ontario
December 4, 1989
uL6
Mr. Larry Kotseff ; `- PPD 7-5-16
Chief Administrative Officer ��,y4,,3j,,1;: .=� = ., 0,^`!GE
Town of Newcastle _
40 Temperance Street
Bowmanville, Ontario
L1C 3C6
Dear Mr. Kotseff:
RE: Request to Change the Regulatory Flood Standard
for the Darlington Creek Watershed within
the Jurisdiction of the Central Lake Ontario
Conservation Authority
Further to Policy 23 of the Provincial Policy for Flood Plain Planning, 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 29
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 of Durham
William M. Campbell, Chief Administrative Officer/Secretary Treasurer, Central
Lake Ontario Conservation Authority
Central Region, MNR, Attention: G. Price, T. Kurtz
1
599 30
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599 31
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