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HomeMy WebLinkAboutPD-155-82 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director 14, MPTON,ONTARIO LOB 1J0 TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 27, 1982 REPORT NO. : PD-155-82 SUBJECT: EXTENSION OF DRAFT PLAN APPROVAL COURTICE HEIGHTS DEVELOPMENTS 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-155-82 be received; and * 2. That Report PD-108-82, attached, be lifted from the table and revised insofar as is necessary to delete all references to the Ministry of Natural Resources and by deleting condition 2 as set out on page 3 of said Report, and replacing it with the following: "2. That the conditions of draft plan approval be amended to require that prior to the issuance of building permits for those lots affected, the Restricted Area Zoning By-law be amended to provide a minimum elevation of building openings of 0.3 metres above the level of the Regional storm. " i 7� Report No: PD-155-82 . . ./2 BACKGROUND: Subsequent to Report PD-108-82 being tabled by Council at its meeting of July 5th, Planning staff received from the Ministry of Natural Resources an indication that, due to the fact that the drainage area related to the Courtice Heights land is less than 125 hectares , it does not fall within their jurisdiction, and therefore Provincial flood management policies do not apply to the subject property. Based on this revised position of the Ministry of Natural Resources, staff are now recommending that the recommendations contained in Report PD-108-82 be revised to delete all references to the Ministry of Natural Resources. This revision would then allow the implementation of conditions related to flood control to fall solely upon the Central Lake Ontario Conservation Authority. The proposed change in condition 2, as described above in the recommendations, is an attempt to allow the developers a more flexible time frame to amend the Zoning By-law to include minimum building opening elevations. Staff do not believe that this change would undermine the intent of the previously drafted condition no. 2. Based on the changes outlined above, staff are now recommending that Report PD-108-82 be lifted from the table, the recommendations revised, and that the revised recommendations therein be implemented as soon as possible. Respectf itted, T. T. Edwards, M.C. I.P. Director of Planning FA*TTE*mjc September 17, 1982 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO 1-0131J0 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 j 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: I Report No: PU-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: j a) prior to a intiation f any grading or constructs n— ow- t e 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 1 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 I r 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 f 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 linits 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. I 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 i 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, i i i 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. i 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 i subdivision agreement between the Town and Courtice Heights. These requested provisions have been included in the staff recommendation. I 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 i 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 Ontario Conservation Authority, as well as revised plans in accordance with the most recent submissions made by Courtice Heights. Respeclrfully,,sGbmitted, T. T. `Ec wards, M.C. I .P. Director of Planning *mjc June 17, 1982 I I I� i i Y i I r .®. Ontario Ontario 416/965-1908 180 Dundas St. West Municipal Toronto,Ontario Board M5G 1E5 Quote File Number R 771832 R 771833 March 5 , 1982 Mr. T.T. Edwards, M.C. I .P. Director of Planning WR S 1�00 Town of Newcastle HAMPTON, Ontario LOB 1J0 Dear Sir: r� Re : Plan of Subdivision Courtice Heights Developments 1 Minister' s File 18T-76027 (R 771832) Minister' s File 18T-76048 (R 771833) 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 z' 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. it 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. Saruyamar%- Supervisor VM:vg Planning Administration cc: Mr. Ronald K. Webb, Q.C. Davis , Webb oa otter Ontario Ontario 416/965-1908 180 Dundas St.West Municipal Toronto, Ontario IV15G 1E5 Board Quote File Number R 771832 R 771833 May 25 , 1982 Mr. T.T. Edwards, M.C. I.P. MAY 2-e 1982 Director of Planning Town of Newcastle HAMPTON, Ontario TOWRI 07 Ela'jU,cm 1il LOB 1JO PLANN!Nr, DP-?ARTIAEfNIT 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. P 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 LlN 6A3 Minist ry of Natural Resources Ontario Your file: June 1, 1982 Our file: 5T Mr. T.T. Edwards .( ra,� �V (a Director of Planning D Town of Newcastle 40 Temperance Street BOWMANVILLE, Ontario JUN `3 1982 L1C 3A6 � yfjlt!'1N OF NOWASRE Dear Mr. Edwards: PLANNIfIG DEPARTMENT 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 i (C.L.O.C.A.) . We still believe that this floodline information should be incorporated into the proposed subdivision. However, we are prepared to accept satisfactory floodproofing which would protect the investments and lives of future property owners. Therefore, we recommend that the following conditions be added to the Subdivision Agreement: 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 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 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 a our office. Yours very truly, I I i C,R., Gray istrict Manager, Lindsay District 322 Kent Street West ( Lindsay, Ontario K9V 4T7 1-705-324-6121 D. Shaver/nl 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 0. i ag 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 - j SUBJECT: EXTENSION OF DRAFT PLAN APPROVAL - COURTICE HEIGHTS DEVELOPMENTS - PART OF LOTS 31 and 32, CONCS. 2 & 3, -FORMER TOWNSHIP OF DARLINGTON j 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-76021 and 18T-76048, respectively. RECOMMENDATION: It is respectfully recomiiiended 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 o.f Newcastle 1 has no objection to a further one-year extension to the draft plan approval of plan 18T-76027, subject to the following: Report No; PO-91-8? , , ,/2 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 j portions of the subject plan located within the Regional Floodplain of the Robinson Creek; and j Hi ) that the conditions of draft plan approval be amended to require that the subdivision j agreement between the Municipality and the j 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 j twelve-month extension to the draft plan approvals for the j subject subdivisions. Report No, PD-91 -82 Following therefrom, staff advised the Board 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 continent, 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 i subdivision, to remove all residential lots from this floodplain area. COMMENTS: i 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 he 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 r 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 I 1 Report No: PD-91-82 . . .A 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. I .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 ,I s I Ministry A- 0m i AM Natural billResources Ontario LPLAN0114Your tile; May 14, 1982 G Our tiro; 5T Mr. T. T. Edwards Director of Planning Planning & Development Dept. HAMPTON, Ontario LOB 1J0 Dear Sir: SUBJECT: Subdivision 18T-76027; Your File S-A-1-6-2 Lots 31-32, Concession 2, 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. it 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 recocunend that the following conditions of draft approval be added to the existing conditions: 1. The municipality's Restricted Area Zoning Fay-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 . /2 i . /2 2. Tho ownor will agroo in tho Subdivitd on Agreement that no damming nor other alterations to the creek will be carried out without prior written authorization from th© 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 Street, West Lindsay, Ontario K9V 4T7 1-705-324-6121 i D.Shaver/jr c.c.-Central hake Ontario Conservation Authority -Regional Director, Central Region, Attn: Regional Engineer -Clerk, Town of Newcastle -Commissioner of Planning, Region of Durham I j I j I _ Vii( k I � lr a T0:J 1. g; NON ► II.AN 111; u(.I'A(tWNT oti tai � / CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 1630 DLINDAS STREET EAST, WHITOY,ONTARIO, LIN 2K$ (416)679-0411 REF NO. i 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 expiration 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,levation, 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 ExecuXive Committee was forwarded to the Town with our letter of 04 February 1981 indicating the methods to be used in sati ,fyiucl the Authority' s conditior►s applicable 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 discourages the creation of lots in the regionai storm floodplain. CENTRAL t ; NTARIO CONSERVATION n THORM Corporation of the Town of Newc,iatle 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, William Fry, Resources Planner. WF/k1 t ENCLOSURE cc Supervisor, Planning Administraliun, Ontario Municipal hoard , 180 Dundas Street West , Toronto, Ontario I cc Director, Conservation Authorities b Water Management Branch, Ministry of Natural Resources , Whitney Block, Parliament Buildings , Queen's Park, Toronto, Ontario, M7A 1X1 i i i I I 1