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HomeMy WebLinkAboutPD-146-84 REPORT #3 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263.2231 REPORT TO THE SPECIAL COUNCIL MEETING OF FRIDAY, AUGUST 3, 1984 REPORT NO. : PD-146-84 SUBJECT: ZONING BY-LAW 84-89 E. POLLARD OUR FILE: DEV 83-2.2 RECOMMENDATION: It is respectfully recommended to Council the following: 1 . That Report PD-146-84 be received; and 2. That By-law 84-89 be forwarded to the Ontario Municipal Board for approval and that the Ontario Municipal Board be requested to convene a hearing at the earliest possible opportunity; and 3. That Town Staff and the Town Solicitor be authorized to attend any hearing so convened. 4. That the Canadian Environmental Law Association be advised that the Town, through site plan approval and the approval of on-site storm drainage, will require that storm run-off rates be maintained at predevelopment levels and that the applicant will be required to provide on-site storm water detention/retention ponds to facilitate sedimentation, thus avoiding downstream erosion, flooding and increased levels of sediment. REPORT NO. : PD-146-84 Page 2 BACKGROUND AND COMMENTS: * On July 27, 1984 the Clerk received the attached Notice of Appeal submitted by the Canadian Environmental Law Association on behalf of the Second Marsh Defence Association. The letter sights three (3) grounds for objection; one being that there has not been adequate consideration of Storm Water Management provisions. This, given the anticipated population for Neighbourhood 3B, as contained within the Neighbourhood Development Plan, and that there is a potential for detrimental effects from excess sediment loads and other polluting materials upon the Oshawa Second Marsh. The second point is that the subject lands are identified as "environmentally sensitive" by the 1981 Gartner/Lee Study and that an Agreement between the Town, Central Lake Ontario Conservation Authority, and the Region of Durham states that "lands designated within such study, as Environmental/Hazard or Open Space, would not be developed without further study". The third point being, that the Golf Course component of the development may interfer with uncommon and rare plants documented within this area and is without regard for impact on wildlife habitat. With respect to the matter of Storm Water Management , the objection from the Environmental Law Association cites a letter from C.L.O.C.A. dated June 21 , 1984, which speaks to the potential for further increases in storm run-off rates and hence, the magnitude of controls needed to control peak flows to pre-development levels. The principle of maintaining storm water run-off and pre-development levels has been accepted by the Town and a condition of the approval of this application will be the submission of a . ..3 I 1 i REPORT NO. : PD-146-84 Page 3 Site Grading and Drainage Plan demonstrating to the satisfaction of the Town, that this requirement can be satisfied. While the Second Marsh Defence Association is concerned with the proposed increase of population for this particular Neighbourhood, Staff would note that, although the Courtice Storm Water Management Study was based upon a much lower population figure, the Town has only adopted certain principles and guidelines from that study which are valid regardless of the population for a neighbourhood. The population becomes critical only when dealing with the detailed design of a given proposal for Storm Water Management, and as such, can be controlled through site plan approval . The second point raised by the Second Marsh Defence Association is with respect to the environmental sensitivity of Neighbourhood 3B. In that regard, both the Durham Regional and Courtice Urban Area Official Plans designate the lands as "residential ". They are, however, identified as possessing environmentally sensitive features which is significantly different from the suggestion made by the Second Marsh Defence Association that the lands are designated "environmentally sensitive". The Gartner/Lee Study commissioned by the Town to satisfy the requirements of Amendment #19 of the Regional Official Plan, makes a number of recommendations with respect to the development potential of the various areas identified as being "environmentally sensitive". In particular, the study ...4 REPORT NO. : PD-146-84 Page 4 suggested that areas identified as "Environmental /Hazard" or "Open Space" should not be developed without further study. The study was adopted by the Town on November 2, 1981 , for use by Town Staff as a guideline in preparing Neighbourhood Development Plans, evaluating specific development proposals and evaluating landuse designations and policy provisions of the applicable official plans. There was no specific agreement by the Municipality contained within that resolution, to accept all of the recommendations of the Gartner/Lee Study, notwithstanding that Staff had indicated a general concurrence with those recommendations and had agreed to a number of guidelines with staff of the Region and Central Lake Ontario Conservation Authority. This agreement was referred to in Commissioner's Report 81-197 and has been cited in the letter received from the Canadian Environmental Law Association. Contrary to the suggestion by the Canadian Environmental Law Association that the Gartner/Lee Analysis and Amendment #19 of the Regional Plan have been ignored, I would suggest that they have been considered, and that Council , as a result of that consideration, attached less weight to the Gartner/Lee Study than desired by the Staff of the Central Lake Ontario Conservation Authority. This was done bearing in mind, the fact that the landuse designation for this area is "residential " , and that the recommendations of the Gartner/Lee Study were adopted as guidelines only for considering development approval . I note that, on December 5, 1983, Staff recommended a reduction in the Courtice Urban Area to delete most of the land area identified as possessing environmentally sensitive . ..5 REPORT NO. : PD-146-84 Page 5 features. That recommendation was not approved and the matter was referred back to Staff for a further review and discussion and a subsequent report. This direction was based primarily on the number of individuals attending the public meeting in opposition to the proposed rezoning and the proposed amendments to the official plan. Following therefrom, and in consultation with the Regional Municipality of Durham, an alternative scenario was developed which proved acceptable to Council and culminated in the Neighbourhood Development Plan as approved by Council , which in turn, facilitated consideration of the Pollard application for rezoning. With respect to the third point identified by the Canadian Environmental Law Association, we note that although rare and uncommon plants were identified within that portion of the site proposed for development as a golf course, it is Staff's considered opinion that, inasmuch as the landuse designation is residential , development of that area as a golf course would provide a greater protection for those plants, than would be afforded if the land were to be developed for residential purposes. Staff did recommend that care be exercised in site preparation in order to maximize protection of the tree cover adjacent to the Environmental/Hazard areas, but also noted that, while these areas were proposed for preservation through inclusion in an environmental protection zone, it was our feeling that increased human activity in this area may have a detrimental affect upon attempts to protect these vegetative features. . . .6 REPORT NO. : PD-146-84 Page 6 Staff note that both the Neighbourhood Development Plan and the proposed Zoning By-law are considered to be in conformity with the provisions of the Durham Regional and Courtice Urban Area Official Plans, and as such, By-law 84-89 should be forwarded to the Ontario Municipal Board for approval , notwithstanding the appeal filed by the Canadian Environmental Law Association on behalf of the Second Marsh Defence Association. Respectfull , vc . T.T. Edwards, M.C.I.P. Director of Planning TTE*jip *Attach July 31 , 1984 cc: Mr. Elmer Pollard Group 19, Box 19 R.R. #3 BOWMANVILLE, Ontario L1C 3K4 cc: Canadian Environmental Law Association 243 Queen Street West , 4th Floor TORONTO, Ontario M5V 1 Z4 ATTN: Grace Patterson Counsel 3. Canadian Environmental Law Association L'Association canadienne du droit de 1'environnement y 2 3 Chu' n ----- � s, , ei I r, Toronto, Ontario M5V 1Z4, telephone(416) 977-2410 July 26 , 1984 JUL 10 1984 Corporation of tde of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: David W. Oakes Town Clerk Dear Sirs: Re: Zoning By-law No. 84-89 Notice of Appeal We are writing on behalf of the Second Marsh Defence Association, Inc . ( ' SMDA' ) to object to the approval of the above-noted zoning by-law. The SMDA is a conservation group concerned with the preservation of Oshawa Second Marsh as one of the most significant lakeshore marshes in the province. Among the grounds for objection are the following: 1. The Courtice Storm Water Management Study prepared by Totten, i. Sims, Hubick Associated Limited in 1980 was based, according to information available to us, on a population projection of 2100 people for Area 3B, part of which is the subject of this amendment . This population was later changed to 5,000 in the Neighbourhood Development Plan. There was not, however, any re-consideration of storm water management provisions . Rather, the Central Lake Ontario Conservation Authority ( 'CLOCA' ) , in a letter to the Town of New- castle dated June 21, 1984 , stated that °-- — "The approval of the neighbourhood plan for area 3B as submitted may result in FD the Town being forced into dealing with a ! pn: number of development proposals without nowin the re p 9 quired s atial and hydrauli ocation of future storm runoff controleas . This difficulty may be compounded �� 4,J(JL 2'� 1934 TIDIRM In order to conserve energy and resources, this paper contains post-consumer/ FILF. .(�.�.. :�5.. ..::�.. 2 - Corporation of the Town of Newcastle continued . . . development of the wet, water-absorbing areas of Courtice are to be partially or totally dewatered. This will likely further increase storm runoff rates and therefore increase the magnitude of runoff control which will be needed to control peak flows to pre-development levels . The control of storm runoff to these levels for the Courtice Urban Area and the preservation of the wet, forested areas are essential to maintaining the coldwater habitat conditions of the Farewell Creek, to minimizing erosion and flooding downstream, and for the protection of the Oshawa Second Marsh. SMDA notes particularly that the Oshawa Second Marsh, located downstream of Black Creek and Farewell Creek, is subject to poten- tial detrimental effects from excess sediment loads and other Polluting materials in the Courtice development area . In addition, we submit that the population projected is too high for the land area described, since the lands are the most sensi- tive in the Courtice Urban Area . 2 . The development proposed in by-law 84-89 is located in an area designated as environmentally sensitive by the Regional Official Plan . The study which was prepared in 1981 by Gartner Lee Asso- ciates as required in Amendment 19 to the Regional Official Plan, the Environmental Impact Analysis : Courtice Urban Area ( 'Courtice Environmental Analysis ' ) , concludes that the land which is now the subject of the proposed development is Environmental/Hazard Area which it says should not be developed, Open Space Area, which it concludes should be classed as rural estate-residential, and Special Policy Area, which requires further hydrogrological study before development. Furthermore, an agreement between the Town of Newcastle, CLOCA, and the Region of Durham states that the former two categories would be "non-developable" , and the latter would not be developed without further study . This agreement was described in Commissioner ' s Report Number 81-197 dated September 8, 1981, and was adopted by the Town of Newcastle as resolution C-1282-81 on November 2 , 1981 . It now appears that the Courtice Environmental Analysis , and Amend- ment #19 to the Regional Official Plan are being ignored in favour of high and medium density residential uses on these environmentally sensitive lands . The by-law therefore conflicts with Amendment #19 to the Regional Official Plan and contravenes Resolution C-1282-81. 3. The golf course component of the proposed development may inter- fere with uncommon and rare plants which have been documented in the area. No study has been made of the impact on wildlife habitat . . ./3 3 - Corporation of the Town of Newcastle continued . . . from the size of development. Consequently, we object to the intent of by-law 84-89, and, without limiting this broad objection, to the R4 and A-8 zones and their provisions . Schedule "X-1" , which shows the proposed locations of R4 and A-8, is included in the objection. If there are questions arising from this letter, please contact the undersigned. Yours very truly, CANA, IAN ENVIRON/l MENTAL LAW ASSOCIATION � Grace Patterson Counsel c .c . Jim Richards SUBMISSIONS ON BEHALF OF THE OSHAWA SECOND MARCH DEFENCE ASSOCIATION WITH RESPECT TO BY-LAW 84-89 I . The objection to by-law 84-89 contained in the letter of July 26, 1984 on behalf of the Oshawa Second Marsh Defence Association was based on the possible detrimental effects the development which is the subject of the by-law might have on the Oshawa Second Marsh, such as pollution, sediment, and varying of stream flows. (�2) It is of some concern to us that the present Neighborhood Development Plan anticipates a population of 5,000. The Courtice Storm Water Management Study, 'uridertaken to address the above concerns, assumed a population of 2,100, a figure taken from the Darlington Official Plan. With respect to the effect of the change, Report PD-146-84 states that the population becomes critical only when dealing with the detailed design of a given proposal for Storm Water Management, and as such, can be controlled through site plan approval. We think it premature to assert that a doubling of the population factor in a comprehensive storm water management study can be dealt with in the details of implementation. The Courtice Storm Water Management Study simply does not address the possibility of such an increase. We submit, therefore, that environmental compatability and mitigation of effects have not been studied for this scenario. The by-law therefore conflicts with s. 1.2.2 of the Regional Official Plan, which states that development within these environmentally sensitive areas may be permitted to the extent that the type or magnitude of development is compatible with the environmental conditions or that measures have been undertaken to mitigate any resulting negative environmental impact. 3. Even if site plan approvals would adequately serve as mitigative measures, s. 1.2.2 of the Regional Official Plan would require them to be specified before an amending by-law. 4. The Gartner Lee study conducted in 1981 to satisfy the requirements of the Regional and Darlington Official Plans recommends, not that "Environmental/ Hazard" or "Open Space" lands should not be developed without further study, but that the former should not be developed, the latter should be classed as rural-estate residential, and that "Special Policy" lands be developed only after further study (which has not been carried out) . - 2 - According to the major study of the area, therefore, the proposed development would not meet the requirements of s. 1.2.2 of the Regional Official Plan. (r5 The Town of Newcastle, by way of resolution C-1282-81 of No' gember 2, 1981 adopted Report P-94-81, which includes Commissioner's Report 81-197, which states that staff from the Town of Newcastle, the Conservation Authority and the Region have agreed that the following guidelines as related to the Environmental Impact Analysis will guide the preparation of neighborhood development plans: i)that the lands identified in the Environmental Impact Analysis as "Environmental/Hazard Areas" and "Open Space Areas" will be non-developable; ii)that the lands identified as "Special Policy Areas" will not develop (sic) unless detailed hydrological studies prepared to the satisfaction of the Conservation Authority indicate such is feasible; This agreement appears to have been necessitated by the reluctance of CLOCA to accept the Gartner Lee study (see PD 94-81) .. It is our submission that the development envisioned by by-law 84-89 conflicts with the spirit and the letter of this agreement. Since this agreement represents the conditions for CLOCA's concurrence with the study, and since CLOCA's concurrence is required by s. 6.4.2 M of the Darlington Official Plan, repudiation of the agreement calls into question the compliance with the Darlington Offical Plan. In our view, the rise in population anticipated in Neighborhood 3b to 5,000 from the 2,100 allowed for by the Darlington Offical Plan is not "a minor deviation which does not alter the intent of the Official Plan". In view of the environmental sensitivity of this area, the change may have major consequences. An amendment to the Official Plan is therefore required. All of which is submitted on behalf of the Oshawa Second Marsh Defence Association by The Canadian Environmental Law Association. August 3, 1984 i i I I