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HomeMy WebLinkAboutPD-126-82 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 26, 1982 REPORT NO. : PD-126-82 SUBJECT: PROPOSED POLICY FOR THE DETERMINATION OF VALLEY LAND LIMITS - CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-126-82 be received; and 2. That Council endorse staff's comments to the Central Lake Ontario Conservation Authority on the proposed Policy for the Determination of Valleyland Limits; and 3. That the Central Lake Ontario Conservation Authority be advised of Council 's endorsement. BACKGROUND AND COMMENTS: On May 25th, 1982, the Town of Newcastle received a request from C.L.O.C.A to review its proposed Policy for the Determination of Valleyland limits. Since comments were due by June 3rd, 1982, Town staff did not have an opportunity to present the proposed policy to Council to obtain its position. ti`f f , �J Report No: PD-126-82 . . ./2 As such, staff forwarded their comments to C.L.O.C.A. , with the caveat that they only represented the position of Planning Department staff and that a Report on the proposed policy would be brought to Town Council at a later date. This Report seeks Council 's position on the proposed Valleyland Policy. Because valleyland areas are inherently hazardous and perform important ecological , hydrological , recreational and habitat functions, C.L.O.C.A. has endeavoured to restrict development on land within and abutting valleyland areas. C.L.O.C.A. 's current approach has been to establish a development setback for each specific case based upon the specific characteristics of the site in question. However, there are a number of problems with this informal approach, one of them being that the lack of specific criteria for defining the setbacks makes the setback the subject of negotiation for each individual case and therefore difficult to apply with any consistency. The proposed valleyland policy attempts to resolve these problems by defining and formally adopting specific rules and procedures for determining setback distances. The following are staff's comments to C.L.O.C.A. on the proposed policy: 1 . In general , Town staff is in favour of establishing a definite development setback, since it would give the Conservation Authority greater leverage when negotiating with developers. Such a policy would also place the onus on the developer seeking a relaxation of the setback to prove that his proposed development is safe and environmentally compatible. Report No: PD-126-82 . . ./3 We do have some concern regarding the issue of excluding valley lands from new lots in rural areas. As with the Abbott and Marchant land (subdivision number 18T-77067) in Tyrone, the Municipality is not prepared to accept and maintain large blocks of valley lands. However, if the Conservation Authority is considering adopting a policy of acquiring and maintaining such lands, Town staff have no objections. Further to this point, we do concur that in urban areas, new lots should be kept well out of valley land. 2. More specifically, we are concerned with the wording of some of the provisions of the actual policy. a) By definition, "no appreciable valley slope" (referred to in point 1 ) would be a "valley slope . . . flatter than 2H:1V" (referred to in point 3) , yet different setbacks are laid out in each point. It would seem that a clarification of intent of point 1 is therefore required. b) In point 5, it is not clear whether "relevant significant feature" would include the ecological and hydrological function of the relevant stream system. Since this point provides for a relaxation of setback, the features and functions which should not be threatened by development within the fill line should be more specifically defined. It is requested that Council endorse staff's comments to the Central Lake Ontario Conservation Authority on the proposed Policy for the Determination of Valleyland limits, and that C.L.O.C.A. be so advised. Respect ubi-i tted, T. Edwards, M.C.I.P. Director of Planning JAS*TTE*mjc July 9, 1982 �� s { � 0_ "s4�' O CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 1650 DUNDAS STREET EAST, WHITBY,ONTARIO. UN 2K8 (416)579-0411 REF NO. �I May 17, 1982. Mr. T. Edwards, Director of Planning, Corporation of the Town of Newcastle, , Planning & Development Department, Municipal Building, Hampton, Ontario, LOB lJO Subject: Proposed C.L.O.C.A. Policy For The Determination of Valleyland Limits At its meeting of May 4th, 1982, the Authority's Executive Committee `q passed the following resolution: x "THAT the proposed Policy For Determination of Valleyland Limits be circulated to all participating municipalities for comment and report back to the Executive Committee." Consequently, I am circulating copies of the above-mentioned policy and the associated staff report for your review and comment. Please note that the policy has been revised slightly since the Executive meeting to clearly distinguish between lot line limits and fill and construction line locations. Staff felt that this change was required to further clarify the policy. Please forward any comments you may choose to make by June 3rd, 1982 so that they may be considered in conjunction with the j policy at our next Executive Committee meeting. Should you require further information, please contact the undersigned. Yours very truly, Christopher L. Conti , £, t i CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: February 25, 1982, FILE: MEMO TO: Executive Committee h.- ,r FROM: Chris Conti, Conservation Services Supervisor ' p SUBJECT: Policy for the Determination of Vflleyland Limits Introduction ( I Valleyland areas are inherently hazardous from a flooding and erosion perspective. At the same time, they contain fish and wildlife habitat, they are often areas of aesthetic value, they provide recreational and open space areas, and are often important for the ecological and hydro- logical functioning of the streams which course through them. For these '=: reasons, restrictions have been placed upon the development of valleylands by various agencies .{ t: Over the years an approach has evolved for the way in which Authority staff deal with development applications which include or abut upon vaileyland areas. This approach has endeavoured to maintain the limit of developable land at a certain distance (determined for each specific case) set back from the fill line. The amount of setback depends upon the steepness and stability of the valley walls, the ecological characteristics of the site, and other site specific characteristics. There have been some problems 4-d with this approach as follows: 1. The fill line on our floodline mapping indicates only an arbitrary setback from the floodline. It does not always coincide with the top of bank and it does not always allow for enough of a setback in areas of steep or unstable valley slopes. 2. There are no specific criteria for defining the setback. Sometimes the distance is determined by the location of the fill line, sometimes by the location of the top of bank, and at other times by additional ` factors, .a 3. Because our approach has been somewhat informal, it is more difficult to apply with the setback being always a subject of negotiation for each individual case. Discussion t ! Other authorities (notably M.T.R.C.A.) are attempting to resolve these problems by defining specific rules and procedures for determining setback distances and formally adopting these procedures as policy through reso- lution by the Authority. The essential elements of the M.T.R.C.A. policy are as follows: 1. The fill line in areas where there is not an a i° ppreciable slope to the valley walls shall be set 10 metres back from the Regional Storm floodline, 2. Where the valley walls are slopes at a rate of 2 horizontal to 1 vertical m! or steeper, a 2:1 slope is projected on the area and the fill line• is defined as 10 metres back from the top of the projected slope, 3. In areas where the valley walls have a flatter-slope than 2;1, the fill line is set 10 metres back of the top of bank. These features should be adopted as the procedure for staff to use in determining the fill lines. As floodline maps are revised in the future, these guidelines should be used in mapping the fill line. LA Kg P O +! 2 - In order that additional elements be accounted for in determining the setback I imits, the following statement should also be included as part of the policy: In valleyland areas of significant ecological, geological , hydrological , aesthetic or historic value, or in areas which are significant for the ecological or hydrological functioning of a stream system, development shall be set back a sufficient distance to protect these features. ,, The only exceptions to the policy would be where a proponent can support with appropriate studies acceptable to the Authority, that valleyland areas inside of the defined fill limit can be devel opcA without threat to the stability of the embankment or proposed structures, and without threat to the relevant significant feature where one exists. The adoption of a policy with the features described above should help to ensure a consistent and defensible approach for defining the setback limits for develop- ment in valley land areas. 1 Sul • 2 _ 9LL�• s f 4 rrY POLICY FOR DETERMINATION OF VALLEYLAND LIMITS WHEREAS the Central Lake Ontario Conservation Authority recognizes the significance of valleylands because of the hazards inherent in the use of these areas and s because of their natural, aesthetic and historical value; AND WHEREAS development encroaching upon valleylands can place people and property 6 in a hazardous situation, can aggravate slope instability, and can disturb the important natural, aesthetic or historical features of the area; THEREFORE BE IT RESOLVED THAT it is the policy of the Central Lake Ontario Conservation Authority that fill and construction lines and lot line limits be deter- mined in the following manner: 1. Where there is no appreciable valley slope the fill line shall be set back 10 metres from the regional yf{ storm floodline and lot lines shall not extend i beyond the floodline; 2. Where the valley slope is 2H:IV :r steeper, the fill line shall be determined by projecting a 2H:iV slope on the valley embankment and taking an additional 10 metres setback from the top of the projected slope, and lot lines shall not extend beyond the limit of the projected slope; 3. Where the valley slope is flatter than 2H:IV, the fill line shall be 10 metres back from the top of bank, and lot lines shall not extend beyond the top of bank; 4. Where an area of ecological , geological , aesthetic or historical significance exists adjacent to the limit of the fill line as defined by fl , 2, or 3 (above), or where the adjacent area is significant for maintaining the hydrological or ecological function of the stream system, the fill line and lot lines may be defined at the limit of this area of significance; 5. Where a proponent can support with appropriate studies, i acceptable to the Authority, that valleyland areas inside of the fill limit can be developed without threat to the stability of the embankment or the proposed structure, or without threat to the relevant significant feature where one exists, then applications may be approved and the fill line and lot lines defined according to the results of 4. these studies. D ; New lot l i m i t AND CONSTRUCTION LIMIT X10 metre setback from floodline Flatter than 2: 1 slope 2; 1 slope,/or steeper •i 1N J, �- __ OAC ,�,�' � / ��f!� / `� ����, � ����� tea• '-� � C � � ❑ - � '" --�. j ,• :SIG ,r..oa � 38 /� �� �jj-ii�l` �� 1 /i P 11 .e ..�—.. -.,, V 7j `�� .�. t. sue.1 b'� I _ . r 1 ' i CROSS SECTION ,A E--° PROPOSED I • ! FILL LIMIT ` EXISTING FILL LIMIT ' 1 NG FILL 1- f 1-t-2>1 SLOPE LIMIT AND 275 REGIONAL STORM FLOODLINE i PROPOSED LOT aED FILL LIMIT LIMIT I PROPOSED LOT LIMIT G1 i , f I CROSS SECTION A F-60'� PROPOSED FILL LIMIT 151 ' EXISTING FILL LIMIT EXISTING FILL ' LIMIT i---2:1 SLOPE LIMIT AND 2751 REGIONAL STORM FLOODLINE ! PROPOSED LOT PROPOSED FILL LIMIT LIMIT PROPOSED LOT LIMIT • s _ - CROSS SECTION B 25' 25' • f---! 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