HomeMy WebLinkAboutPD-108-82 4
CORPORATION OF THE TOWN F NEWCASTLE
O C STLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JUNE 28, 1982
REPORT NO. : PD-108-82
SUBJECT: EXTENSION OF DRAFT PLAN APPROVAL -
COURTICE HEIGHTS DEVELOPMENTS
OUR FILES: S-A-1-6-2 and S-A-1-10-1
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-108-82 be received; and
2. That the Ontario Municipal Board be advised
that The Corporation of the Town of Newcastle
has no objection to an extension to the draft
plan approval of Plan 18T-76048 to June 12th,
1983, conditional upon revision of the lot
numbering to reflect the proposed changes as
* shown on the attached plan prepared by J.D.
Barnes Limited, Surveyors, and identified as
drawing 78-21-116-2-A; and
3. That the Ontario Municipal Board be advised
that The Corporation of the Town of Newcastle
has no objection to an extension to the draft
plan approval of Plan 18T-76027 to June 12th,
1983, subject to the following:
Report No: PD-108-82 . . ./2
1 . That the conditions of draft plan approval
be amended to include a provision which would
require inclusion within the Subdivision
Agreement between the Town and Courtice Heights
of the following provisions:
a) prior to the intiation of any grading or
construction below the level of the
Regional storm, the developer will produce
details of floodproofing measures for all
buildings which will be located below the
Regional storm limits, these floodproofing
measures must be acceptable to the Ministry
of Natural Resources and the Central Lake
Ontario Conservation Authority and protect
buildings during a Regional storm;
b) the Owner will agree to carry out the flood
proofing measures required by condition a)
above in a manner satisfactory to the
Ministry of Natural Resources and the
Central Lake Ontario Conservation
Authority;
c) the developer will ensure that a warning
clause will be registered on the title of
each lot which extends below the limits of
the Regional storm, indicating that all
buildings located in the Regional storm
flood plain must be floodproofed to the
satisfaction of the Ministry of Natural
Resources and the Central Lake Ontario
Conservation Authority; and
Report No: PD-108-82 . . ./3
d) the Owner will agree that no damming or
other alterations to the creek will be
carried out without prior written
authorization from the Ministry of Natural
Resources and the Central Lake Ontario
Conservation Authority.
II . That the conditions of draft plan approval
be amended to require that prior to
registration of the plan, the Restricted Area
Zoning By-law be amended to provide that within
the floodplain limits of the Regional storm, a
minimum elevation of building openings of 0.3
metres above the level of the Regional storm as
mapped by the Central Lake Ontario Conservation
Authority will be required.
III. That the proposed plan of subdivision be
further revised to reflect the proposed changes
and lot lay-out as shown on the attached plan
prepared by J .D. Barnes Limited, Surveyors, and
identified as drawing 78-21-0115-4-C.
BACKGROUND:
On May 31st, 1982, the General Purpose and Administration
Committee considered staff Report PD-91-82 in respect of a
request for extension to the draft plan approval of the two
Courtice Heights subdivisions. At that time, staff advised
the Committee that subsequent to submission of the staff
Report, the Town had been advised that the Ontario Municipal
Board had granted an extension of the draft plan approval
for a further six months until December 12th, 1982,
Report No: PD-108-82 . . ./4
notwithstanding staff's written request of February 24th,
1982 requesting that further extensions not be granted until
the Municipality had been provided an opportunity to submit
formal comments, and their written response of March 5th,
* 1982 (attached) which indicated that they would await such
comments prior to taking any action. Staff also advised the
Committee that as of May 28th, 1982, we had been advised by
a representative of the Ministry of Natural Resources that
they would be revising their comments of May 14th, 1982,
attached to staff Report PD-91-82, and that these would be
forwarded in the near future. As a result of this dialogue
with the Committee, Resolution GPA-697-82 was approved,
referring the matter back to staff for an updated Report.
COMMENTS:
* On June 3rd, 1982, staff received the attached comments from
the Ministry of Natural Resources, which reflect a
significant change in their previous position on the subject
plans. It can be noted from the letter that they have no
objection to the extension of draft plan approval , provided
that suitable conditions are incorporated within the
subdivision agreement between the Town and Courtice Heights.
These requested provisions have been included in the staff
recommendation.
In view of the Ministry 's change in position, which is now
consistent with the comments received from Central Lake
Ontario Conservation Authority, we have no objection to a
further twelve month exension of the draft plan approval to
June 12th, 1983, subject to appropriate revisions to the
conditions of draft plan approval to recognize the concerns
of the Ministry of Natural Resources and Central Lake
Report No: PD-108-82 . . ./5
Ontario Conservation Authority, as well as revised plans in
accordance with the most recent submissions made by Courtice
Heights.
Respec f'ully"s6bmitted,
T. 7. cwares, M.C.I .P.
Director of Planning
*mjc
i
June 17, 1982
t
Ontario
i
Ontario 416/965-1908 180 Dundas St. West
Municipal Toronto, Ontario
p M5G 1E5 . .;
Board =>
Quote File Number
R 771832
R 771833
is
March 5 , 1982
Mr. T.T. Edwards, M.C. I .P.
Director of Planning VIP.{� )
Town of Newcastle
HAMPTON, Ontario'
L013 IJU
Dear Sir:
�r
Re : Plan of Subdivision -
Courtice Heights Developments
Minister' s File 18T-76027 (R 771832)
Minister' s File 18T-76048 (R 771833)
i
Thank you for your letter. dated February 24 ,
1982, and further to Mr. R.K. Webb' s letter
dated February 18 , 1982 , requesting an extension ==
of the draft approval on these applications for
a further 12 months until June 12 , 1983, the
Board will await your formal comments regarding
such request before taking any action.
R 771273 refers to By-law 77-12 which was approved
by Board order made on the 12th day of June, 1978.
R 771274 refers to By-law 77-13 which was approved
by Board order also made on the 12th day of June,
1978.
Yours truly,
C. Saruyama/%
Supervisor
VM:vg Planning Administration
cc: Mr. Ronald K. Webb, Q.C.
Davis , Webb
Ontlarlo
Ontario 416/965-1908 180 Dundas St. West
Municipal Toronto, Ontario
M5G 1E5
Boarda;
Quote File Number
R 771832
R 771833
May 25 , 1982
ti L
I�U-jl 41
Mr. T.T. Edwards, M.C. I.P. MIRY ' -1 i
Director of Planning
Town of Newcastle
HAMPTON, Ontario "d
LOB 1J0 L
Dear Sir:
Re : Plan of Subdivision -
Courtice Heights Developments
Minister' s File 18T-76027 (R 771832)
Minister' s File 18T-76048 (R 771833)
Please be advised the Board has granted an extension
of draft approval on these two plans of subdivision
for six months until the 12th day of December,
1982.
Yours truly,
C. Saruyama/
Supervisor
VM:vg Planning Administration
cc: Mr. R.K. Webb, Q. C.
Davis, Webb
Barristers and Solicitors
41 George Street South
BRAMPTON, Ontario L6Y 1P4
Dr. M. Michael
Commissioner of Planning
Regional Municipality of Durham
Box 623, 105 Consumers Drive
WHITBY, Ontario LIN 6A3 kZ21�>�
Ministry of
�
Natural
Resources
Ontario
Your file:
June 1, 1982 Our file: 5T I
WW-
Mr. T.T. Edwards
Director of Planning
Town of Newcastle
40 Temperance Street 19
BOWMANVILLE, Ontario
L1C 3A6
Dear Mr. Edwards: PLIaNf hIG ')r 1',fZTIV1ENi
p
SUBJECT: Subdivision 18T-76027; Your File S-A-1-6-2
Lots 31-32, Concession 2, Darlington
With reference to our recent telephone conversation on May 27,
1982 (Archibald-Shaver) , the Ministry of Natural Resources
would accept adequate floodproofing in lieu of a redesign of
this subdivision.
In general, it is a policy of this Ministry to oppose the
creation of lots below the Regional Storm floodline. However,
we recognize that the plan of subdivision for this property
was draft approved prior to the determination of the Regional
Storm limits by the Central Lake Ontario Conservation Authority
(C.L.O.C.A.) . We still believe that this floodline information
i
should be incorporated into the proposed subdivision. However,
we are prepared to accept satisfactory floodproofing which would k*j1
protect the investments and lives of future property owners.
Therefore, we recommend that the following conditions be added
to the Subdivision Agreement:
i
1. Prior to the initiation of any grading or construction below
the level of the Regional Storm, the developer will produce
details of floodproofing measures for all buildings which !
will be located below the Regional Storm limits. These `
floodproofing measures must be acceptable to the Ministry
of Natural Resources and protect buildings during a Regional
Storm.
2. The owner will agree to carry out the floodproofing measures
required by Condition 1 in a manner satisfactory to the
Ministry of Natural. Resources.
3. The developer will ensure that a warning clause will be
registered on the title of each lot which extends below the F
limits of the Regional Storm. This warning will be that all
buildings located in the Regional Storm floodplain must be
floodproofed to the satisfaction of the Ministry of Natural
Resources.
4. The owner will agree that no damming nor other alterations to
the creek will be carried out without prior written authorization
r--- �U— ee:..4—.4 ,..r M-a-,,....1 n..,.P..,,,.,.
a
Page 2
June 1, 1982
Mr. T.T. Edwards
We also recommend that the Township of Darlington Zoning By-law
be amended so that within the limits of the Regional Storm a
minimum elevation of building openings is required. This
elevation should be 0.3 metres above the level of the Regional
Storm, as mapped by the C.L.O.C.A.
We will be meeting with the developers or their agent, and the
C.L.O.C.A. to discuss acceptable floodproofing measures. Should
you wish to attend this meeting, please advise us so that we• may
determine an acceptable time and location.
Should you wish to discuss our recommendations, please contact
our office.
y
Yours very truly,
i
CdR',-Gray <;
fistrict Manager, Lindsay District
322 Kent Street West
Lindsay, Ontario
K9V 4T7
1-705-324-6121
D. Shaver/nl
C 1•=
c.c. - Mr. W. Manson, 20 Clematis Road, Willowdale, Ontario, M2J 4X2 `
- Central Lake Ontario Conservation Authority
- Regional Director, Central Region
Attn: Regional Engineer & Regional Lands Co-ordinator
�11a
-MIMI
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO L081JO TEL, (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MAY 31 , 1982
REPORT NO. : PD-91-82
SUBJECT: EXTENSION OF DRAFT PLAN APPROVAL
COURTICE HEIGHTS DEVELOPMENTS
PART OF LOTS 31 and 32, CONCS. 2 & 3,
FORMER TOWNSHIP OF DARLINGTON
OUR FILES: S-A-1-6-2 and S-A-1 -10-1
OMB FILES: R 77/1832 and R 77/1833
MINISTERS FILES: 18T-76027 and 18T-76048,
respectively.
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-91 -82 be received; and
2. That the Ontario Municipal Board be advised
that the Corporation of the Town of Newcastle
has no objection to a further one-year
extension to the draft plan approval of plan
18T-76048 conditional upon revision to the lot
numbering to reflect the proposed changes as
shown on the attached plan prepared by J . D.
Barnes Limited, Surveyors, and identified as
drawing 78-21 -116-2-A; and
3. That the Ontario Municipal Board be advised
that the Corporation of the Town of Newcastle
has no objection to a further one-year
extension to the draft plan approval of plan
18T-76027 , subject to the following:
1�
Report No: {'D-91-8? . . .12
M that the conditions of draft plan approval
be amended to require the Owner to address,
prior to final approval of the plans, the
concerns of the Central Lake Ontario
Conservation Authority and the Ministry of
Natural Resources relative to those
portions of the subject plan located within
the Regional F1oodplain of the Robinson
Creek; and
( ii ) that the conditions of draft plan approval
be amended to require that the subdivision
agreement between the Municipality and the
Owners contain provisions wherein the
concerns raised by the Central Lake Ontario
Conservation Authority and the Ministry of
Natural Resources will be satisfied; and
(iii ) that in addition to any revisions required
to the plan of subdivision as a result of
the Owners' consideration of the concerns
of the Central Lake Ontario Conservation
Authority and the Ministry of Natural
Resources, that the plan be further revised
to reflect the proposed changes in lot
lay-out as shown on the attached plan
prepared by J . D. Barnes Limited,
Surveyors, and identified as drawing
78-21 -115-4--C.
BACKGROUND:
On February 22nd, 1982, staff received a copy of a request
to the Ontario Municipal Board submitted on behalf of
Courtice Heights Developments Limited for a further
twelve-month extension to the draft plan approvals for the
subject subdivisions.
Report No: PD-91-82
Following therefrom, staff advised the Hoard that we would
be submitting formal comments relative to the
appropriateness of a further extension. In accordance with
Departmental procedure, the subject request for extension
was circulated to the Central Lake Ontario Conservation
Authority and the Ministry of Natural Resources for their
review and comment, primarily due to the fact that
subsequent to the original draft plan approval , the Robinson
Creek had been floodplain mapped and portions of the plan
designated for residential development were now located
within the Regional Floodplain. As a result of our
circulation the attached comments were received and are
fairly self-explanatory. It should be noted, however, that
the Central lake Ontario Conservation Authority, although
not specifically calling for draft plan revisions, is
requesting the Town to consider the ramifications of
permitting residential lots to be located within a
floodplain. The Ministry, on the other hand, is very
clearly requesting major revisions to the plan of
subdivision, to remove all residential lots from this
floodplain area.
COMMENTS:
Staff have reviewed the submissions made by C.L.O.C.A. and
M.N.R. and concur with the suggestion that the plan should
be revised to respect the recently defined floodplain limits
of the Robinson Creek. However, staff cannot with any
certainty comment upon the extent of the implications of
such a major redesign upon storm water management for the
area towards which the Town has already made extensive
commitments through expropriations in respect of the storm
water retention pond. Notwithstanding this , it is very
clear that there would be implications to the overall
engineering for the subdivision and these should be examined
0-W
Report No: PD-91-82 . . ./4
prior to final approvals of the plan. In that regard, staff
feel it would be appropriate for the Board to grant an
extension conditional upon the applicants addressing the
concerns of C.L.O.C.A. and M.N.R. relative to the floodplain
of the Robinson Creek.
In addition to the foregoing, staff note that Courtice
Heights have recently submitted revised plans for the
proposed first phase developments which do not reflect the
lot layout and numbering which was draft plan approved.
Staff would have no objection to the proposed revisions, and
are suggesting that the approved draft plans be amended to
incorporate these latest revisions.
Based on the foregoing, we respectfully suggest that the
Ontario Municipal Board be advised that the Town has no
objection to the requested extensions to the draft plan
approvals subject to the specified modifications to the
draft plans and the conditions of draft plan approval .
Respectfully submitted,
T . T. Edwards, M.C. 1 .P .
Director of Planning
TTE mjc Mr. Ronald K. Webb, Q.C .
May 21 , 1982 Davis, Webb
Barristers and Solicitors
41 George St. South
BRAMPTON, Ontario
L6Y 1P4
+ Ministry of AIM 1
Natural V
Resources Ontario
.. i Your 1110,
May 14, 1982 our tilo; 5T
Mr. T. T. Edwards
Director of Planning
Planning & Development Dept.
HAMPTON, Ontario
LOB 1JO
Dear Sir:
SUBJECT: Subdivision 18T-76027; Your File S-A•-1-6-2
Lots 31-32 Concession ?. Darlington Township
Thank you very much for the opportunity to comment on this
subdivision, in light of new floodline mapping for Robinson
Creek.
We note that this proposal was draft approved prior to the
preparation of engineered flood lines by the Central Lake
Ontario Conservation Authority. This mapping now shows
that the Regional Flood would affect significant areas of
the proposed subdivision.
It is a policy of the Ministry of Natural Resources to oppose
development occurring within a designated floodplain. In
this way, the investments of property owners will be pro-
tected, as will be the building inhabitants.
Therefore, we strongly recommend that the original conditions
of draft approval be revised. The plan of subdivision should
be redrafted so that all lots lying below the Regional Flood-
line will be removed from development and will be placed in
an "Open Space" block where building is precluded.
Following the satisfactory redesign of this subdivision, we
recommend that the following conditions of draft approval be
added to the existing conditions:
1. The municipality's Restricted Area Zoning By--law will
be amended so that no buildings or structures, other
than those required for flood or erosion control, will
be placed below the Regional Floodline;
i
i
. . . /2
I
I
i
.~
. ° . y2
%^ The owner will agree In the Subdlviylon Agreement that
no damming nor other alterations to the creek will be
carried out without prior written authorization from
the Ministry of Natural Resources.
_
Should you wish to discuss this matter, we would be happy to
meet with you.
Yours truly,
C. R. Gray
District Manager, Lindsay District
/ 322 Kent GtceuL/ West
Liudamv' Ontario
K9V 4T7
1-705-324-612I
D.Sbavac/'c
c.c.-Central Lake Ontario Conservation Authority
-Regional Director, Central Region/ Attn: Regional Engineer
-Clerk, Town of Newcastle
-Commissioner of Planning, Region of Durham
' �s: -- -- --- - - — -
�p; , s��y, P s�� ti
Al it i 1, IOU,
��`'4rIoN � �� -i'inNrlli��, Di. lPIM[NT
CEiVTRAL LAKE ONTARIO CONSERVATION AUTHORITY
1650 DUNDAS STREET EAST, WHITBY, ONTARIO, LIN 21<8 (416)579-0411
REF NO.
April 15, 1982.
Corporation of the Town of Newcastle,
Planning and Development Department ,
Hampton, Ontario,
LOB 1JO
Attention: Mr. T. T. Edwards , M.C . I .P. ,
Director of Planning
Dear Mr. Edwards:
Subject : Town of Newcastle,
Parts of Lots 31 and 32, Concession 2,
Former- Township of Darlington,
File Number: 18T-76027
I am writing further to your letter of 06 April 1982 during which the
exp.iration of draft approval for the above proposal was discussed.
Your concern relates to the fact that floodline mapping for the Robinson
Creek, completed in 1980, indicates that many lots in the plan which was
draft approved in 1978 are flood-susceptible.
From the Authority's perspective, all units constructed in flood-prone
areas should have lowest openings at least one foot above the regional
storm floodline e)-evation, adjusted to take into account any increases
resulting from road crossings , grading and house construction. Approxi -
mately 80 lots in the approved draft plan are subject to flooding based on
existing flood elevations. Any attempts to fill these areas should be
discouraged since a significant amount of forest cover would be adversely
affected, and flood levels may be raised further.
A copy of a report considered by the Authority' s Executive Committee was
forwarded to the Town with our letter of 04 February 1981 indicating the
methods to be used in soti -,fyin,l the Authority ' s conditions r11)1)1 icilhle to
the referenced draft approval . It must be emphasized that the Authority' s
present position in regard to 18T-76027 is based on achieving a reasonable
solution to a problem not originally addressed in the early planning stages
of the proposed development , Our standard policy c11scoLIU10es the. creation
of lots in the reglonai storm floodplain.
CENTRAL LA . NTARIO CONSERVATION AUT14MY
Corporatlon of the Town of Newcastle April 15, 1982
Attention: Mr. T. T. Edwards Page 2
The Town should consider the possible ramifications involved in having the
site developed in accordance with the presently draft-approved plan.
Although lowest openings into buildings can be set above the (revised) flood
level ,' restrictions will still exist on the flood-suscpetible lots. For
example, any filling by future landowners would have to be carefully regulated
since the cumulative effect could be to increase flood levels. Ancillary con-
struction (sheds, decks , swimming pools , fences) would be similarly difficult
to regulate and may affect flood levels. Future conversions of dwellings to
provide walkout basements could negate attempts at flood protection as could
apparently innocent installations (dryer vents , for example) . Only through
the strict enforcement of a highly comprehensive zoning by- law could the
desired protection against potential flooding be realized .
Enclosed for further information is a copy of the draft-approved plan on which
we have indicated in blue the limits of the regional storm floodplain.
Yours very truly,
c// t`����/,►� �'�.�/ '�. it
4
WiIIlam Fry,
Resources Planner,
WF/klt
ENCLOSURE
cc Supervisor, Planning Administration , OnLat'io Municipal Board , �
180 Dundas Street West , Toronto, Ontario
cc Director, Conservation Authorities 6 Water Management Branch,
Ministry of Natural Resources , Whitney Block, Parliament Buildings ,
Queen' s Park, Toronto, Ontario, M7A iXl
I
i
i