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Home My WebLink AboutPD-91-82 [)fi 4 � 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. i 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 ea Z 18T-76027, subject to the following: Report No: PD-91-82 . . ./2 (i ) 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 Floodplain 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. a(00 Report No: PD-91-82 . . ./3 / 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 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 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, F7 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 IP4 Ministry of Natural Resources _4 � Ontario Your file: May 14, 1982 Our file: 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 2, Darlinqton 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 "j, 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; /2 /2 2. The owner will agree in the Subdivision Agreement that no damming nor other alterations to the creek will be carried out without prior written authorization from the Ministry of Natural Resources. w Should you wish to discuss this matter, we would be happy to z meet with you. Yours truly, C. R. Gray District Manager, Lindsay District 322 Kent Street, West Lindsay, Ontario K9V 4T7 1-705-324-6121 D.Shaver/jr c.c.-Central Lake Ontario Conservation Authority -Regional Director, Central Region, Attn: Regional Engineer -Clerk, Town of Newcastle -Commissioner of Planning, Region of Durham U O � O \ APR r� 1L s o " 'ti` i�� b R ";.'? ,.`�, ' ivy p) roN P�� PL!",(IPIN; CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 1650 DUNDAS STREET EAST, WHITBY,ONTARIO. L1N 2K8 (416)579-0411 REF NO. r April 15, 1982. Corporation of the Town of Newcastle, Planning and Development Department , Hampton, Ontario, LOB WO 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. I 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 ej.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 satisfying the Authority's conditions 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 solu-tion 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 regional storm floodplain. o CENTRAL LAKE ONTARIO CONSERVATION AUTN6RITY Corporation 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, r.� ;3 William Fry, ±_ Resources Planner. WF/kl t ENCLOSURE cc Supervisor, Planning Administration, Ontario Municipal Board, 180 Dundas Street West, Toronto, Ontario ?�J cc Director, Conservation Authorities & Water Management Branch, Ministry of Natural Resources , Whitney Block, Parliament Buildings , Queen's Park, Toronto, Ontario, M7A 1X1 i i i f i ri