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HomeMy WebLinkAboutAdmin-8-96 AddendumMeeting: Date: Report #: Subject: UNFINISHED BUSINESS :1 . CORPORATION OF THE MUNICIPALITY 1 1 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE JULY 21 1996 ADDENDUM TO REPORT 8-96 File #: ST. MARYS CEMENT Recommendations: File #--� r Res. By -Law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Addendum to Report ADMIN. 8-96 be received for information; and 2. That Report ADMIN. 8-96 be lifted from the table and recommended to Council for approval. 1. BACKGROUND 1.1. On April 22, 1996, Council approved Resolution #GPA -265- 96, which reads as follows: Moved by Councillor Hannah, seconded by Councillor Novak: THAT Report ADMIN -8-96 be tabled to allow for the Chief Administrative Officer to liaise with St. Marys Cement, The Waterfront Regeneration Trust and the Port Darlington Community Association Inc. Ratepayers. 1.2. As directed by Council, staff held a public meeting to hear the concerns of St. Marys Cement, The Waterfront Regeneration Trust, The Port. Darlington • Community Association Inc. Ratepayers, and all other interested parties regarding the recommendations as reported in Report Admin -8-96. This meeting was advertised in the Canadian Statesman and was attended by approximately..sixty interested parties. 2. MEETING -STRUCTURE 2.1. The public meeting was chaired by the Chief Administrative Officer of Clarington and attended by the Director of Planning and Development, the Public Works Director, and the Municipal Solicitor in order to answer any questions that the residents RECYCLED PAPIER PAPER RECYCLE 1201 THIS IS PRINTED ON RECYCLED PAPER may present, as well as explaining the process followed in drafting Report ADMIN.8-96. 2.2. The meeting commenced with the Director of Public Works making a presentation explaining the process that was followed in reaching the staff recommendation proposing the Cove Road Route as the preferred access to Cedar Crest Beach Road, should Council agree to exchange Waverly Road with St. Marys Cement for wetlands in the Westside Marsh area. Mr. Vokes stated the following: The "Berm Route" was eliminated because: * the berm would be 45 metres wide to ensure sufficient setbacks from the extraction area and the marsh, resulting in a 12 acre reduction of marsh area; * 1,050 metres of new road would be built at a considerable cost, a minimum of $600,000 over the two other alternatives; * the effects of salt or other de-icing materials on the marsh is a concern; * safety is a concern; * a creek crossing would still be required. The "Ramble" and "Cove" routes were examined as shown in the Trust's report but were also modified. These modified routes were eliminated because: * the bridge and the approaches were twice as long, acting as a causeway and would have greater environmental effects; * the cost would be $200,000 more than the "Cove route"; * cost of constructing a new road would be great; * the "Ramble route" is an indirect route. The "Cove route" was chosen because: * it is a direct route; * environmental impacts are minimized; * Cove Road already exists, therefore no new roads will be built, and there will be less disturbance of the natural environment; * it was not chosen because it is the cheapest route. 1202 . , 3. QUESTIONS FROM THOSE IN ATTENDANCE 3.1. Following the presentation a number of questions were asked from the floor prior to taking comments on the report from those in attendance. The following questions and responses took place: 3.2 Q Why Staff's report did not discuss the proposal as a package. If one piece is omitted, such as the relocation of the stone -crusher, the intent of the proposal will no longer be met. A Staff -noted the municipality agreed to participate in the process but did suggest that it may be difficult for the municipality to participate financially. Staff does not agree that if one piece of the proposal is omitted, it will not work. The report provides Council with some options rather than an "either/or" situation. As it stands now, the package is very "pricey" for the municipality. 3.3 Q Had Staff examined the environmental impacts of the modified routes, A Staff did not carry out specific environmental impact studies on any of the routes other than reviewing the environmental activity carried out by the Waterfront Regeneration Trust. Once Council decides on the access route to Cedar Crest Beach, staff will build on the environmental impact information provided by the Waterfront Regeneration Trust. 3.4 Q What the width of Cove Road would be and the expected impact on Cove Road community. A Staff reported that the road width would be similar to what exists at the present time. Negligible or no ditches are proposed rather than curbs,, gutters and catch basins. There will be little disruption of the trees along the road. There will be little change in elevations of Cove Road, except at the approaches. 3.5 Q What will happen at the intersection of Cove Road and West Beach Road; Would stop/yield signs be required; Will the hedge at 103 Cove Road be removed; What will happen with the post boxes What would happen if the municipality did not give 1203 Waverly Road to St. Marys, A Staff noted the municipality would improve the intersection, including visibility. The post boxes may be relocated. Once Council has indicated they will proceed with the proposal (or part of the proposal) the municipality will spend money on detailed designs. 3.6 Q Had staff examined the continuation of Liberty Street, A Staff indicated that the Official Plan requires a grade separation over CP Rail at Liberty Street, but it may not be built for a number of years. It may proceed when development starts in the Port Darlington community. 3.7 Q Why would the municipality allow the stone crusher to relocate to West Beach Road, A The Director of Planning advised the meeting that he did not have the Official Plan document at hand and therefore could not comment on the zoning of the West Beach Road site, but would address the issue in the report to Council. Since that time the Director of Planning has advised that the area north of the Cove Road community, west of West Beach Road is owned by St. Marys Cement and is zoned "Extractive Industrial Exception (M3-1)" which allows a cement manufacturing plan in addition to all the uses allowable under the general 11M3" zone. "Extractive Industrial (M3) " zone allows, among other uses, aggregate stockpiling and processing. Therefore, stone crushing operation is permissable. However, a transportation depot is not permissable. We understand the current operation at Waverly Road consists of stone crushing, aggregate stockpiling, Redi - mix manufacturing and storage of transport trucks, and the property is zoned "Extractive Industrial Exception (M3-2)". Therefore, if the identical operation were to relocated to the M3 zoned land, truck storage uses would not be permissable and would require rezoning. 12 1 4 4. COMMENTS FROM THOSE IN ATTENDANCE Generally, the comments made by those parties in attendance can be grouped into seven categories as follows: 4.1 The lack of the environmental assessment by the Trust or the municipality prior to recommending the Cove Road route to Council. 4.2 Concerns that the municipality will not participate in finding an alternative location for the CBM stone crusher. 4.3 The increase in traffic flows on Cove Road, West Beach Road and in the Port Darlington area. 4.4 Level crossing at Port Darlington Road. 4.5 Concern over longer response time from emergency vehicles to reach the far end of Cedar Crest Beach Road. 4.6 The appearance of the reconstructed Cove Road. 4.7 The Waterfront Regeneration Trust report should be adopted as a package. Any piecemeal adoption of the report would destroy the integrity of the document. 5. STAFF COMMENTS 5. In response to the comments put forth by those in attendance, we are presenting the following: 5.1 Should Report ADMIN. 8 - 96 be approved by Council, staff would then recommend the environmental assessment comments made by the Waterfront Regeneration Trust in their report of the West Side Marshland and build on those comments so that any final recommendations to Council would cover the environmental issues. 5.2 The Waterfront Regeneration Trust report stated that the CBM stone crushing and Redi -Mix operation on Waverly Road would be transferred to an industrial area provided by Clarington within two years of an agreement. Staff is recommending in Report ADMIN. 8-96 that the municipality does not participate in the issue of relocating the stone crushing operation and providing an industrial location for that use. This recommendation was made for two reasons. Firstly, the cost to provide such a site would be onerous on the municipality, and secondly, unless such a site, together with Waverly Road, be of equal value to the wetlands that would be transferred to municipal ownership, the municipality would be in a position of making a grant to a 1205 private corporation, which we believe would be contraryto the Municipal Act. However, if con sideration is to be given to such a move, we would recommend that a legal opinion be obtained from the municipal P p solicitor in this regard. 5.3 Most certainly if the Cove Road access route replaces Waverly Road, there will be increased traffic y flows on Cove Road, West Beach.Road and the general Port Darlington area. 5.4 In addressing the question of providing a level crossingat the railroad tracks at Port Darlington Road, this again would be a major cost to be financed by one or all of the participating parties and is not addressed in the Waterfront Regeneration Trust report. 5.5 The response times from emergency vehicles have been addressed by the Clarington Fire Department and seem to be at an acceptable level. 5. 6 Although there is a concern about the appearance of the final reconstruction of Cove Road, the plans concerning the reconstruction are in keeping with the present rural setting. 5.7 Although some of the residents in attendance made theP oint that the Waterfront Regeneration. Trust report should not be adopted in a piecemeal fashion, and if not adopted as a package, should not b e adopted at all, staff is of the opinion that this is not necessarily a reasonable approach to take, given the fact that the overall object of the exercise is.to save as much of the marshlands as possible. If it is the overwhelming opinion of the residents in the area that the location of the stone crushing plant could be a "deal -breaker" in implementing an agreement, we would then see the situation return to where it was prior to the Waterfront Regeneration Trust being invited to participate in this project. At that point it would be up to St. Marys to decide whether it wished to proceed with the permits to mine the marshland and it would be up to the municipal Council to decide whether it would oppose such a move by St. Marys. In the opinion of staff, too much has been accomplished by the Watef rout Regeneation Trust to fall back to a position of confrontation between the municipality and St. Marys Cement. 1206 6. RECOMMENDATIONS 6.1 Staff is of the opinion that Report ADMIN. 8-96 should be approved at this point in time to allow staff top roceed to carry out property evaluations, environmental evaluations, etc. and be in a position to report back to Council in September of 1996 with a final recommendation as to both the cost of the construction of an alternative access to Cedar Crest Beach Road, and how any financial participation on behalf of the municipality can be carried out without a detrimental effect on the municipal assessment. Respectfully submitted, W. H. Stockwell, Chief Administrative Officer WHS:nof 1207 THE CORPORATION OF THE TONIN OF NEWCASTLE REPORT Meeting: GENERAL-PURPOSE AND ADMINISTRATION COMMITTEE Date: APRIL 22 1996 Report #:AIBJM 1 N 0 _ F�: Subject: S T . MARYS CEMENT Recommendations: File # �C� � • �� Res. # GP F By-Law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the - following • 1. That Report ADMIN. 8-96 be received for information; 2. That Council advise all interested parties that the Municipality will not provide an industrial location for the transfer of the CBM stonecrushing and ready -mix operation; 3. That Council agree that, should the ownership of Waverly Road be passed over to St. Marys Cement, as recommended. in. the Waterfront Regeneration Trust's Report and Recommendations on the Westside Marsh, the alternative road access to Cedar Crest Beach be "The Cove Road Route as described in the aforementioned report; 4. That the Chief Administrative Officer, with appropriate staff, be directed to commence negotiations with any property owners that hold land designated in the "Cove Road Route's in order to obtain ownership on behalf of the Municipality so that construction may commence sometime in the future; 5. That the Chief Administrative Officer commence negotiations with St. Marys Cement and any Government body that may participate in the construction costs of the Cove Road Route, in order to- identify any cost to the Municipality; G. That a report be brought forward to Council identifying the results of all negotiations, and the recommended source of funding that would not result in an adverse effect on the municipal tax levy, should the municipality be called upon to participate financially in the RECYCLED PAPIER PAPER RECYCLE THCS IS PRJNTED ON RECYCLED PAPER 1208 construction of the Cove Road Route access to Cedar Crest Beach; 7. Upon completion of the foregoing, assuming that any financial contribution on behalf of the municipality does not have an adverse effect on the municipal tax levy, Clarington agrees to participate in the Implementation Committee as recommended in the Waterfront Regeneration Trust Report of November 1995; and 8. That this report, together with Council's actions, be forwarded to the Waterfront Regeneration Trust, St. Marys Cement Company, the Port Darlington Community Association Inc., as well as those interested parties to this issue. 1. BACKGROUND 1.1 In November of 1995, the Waterfront Regeneration Trust delivered their Report and Recommendations on the Westside Marsh. This report came forward as the result of a request from the Municipality of Clarington and St. Marys Cement Company to the Waterfront Regeneration Trust to assist in finding a solution to several outstanding issues surrounding the operation of St. Marys in the area of the Westside Marsh, as well as the proposed mining of the marsh itself. 1.2 In preparing the Report and Recommendations, the Waterfront Trust presented an Interim Report in June, 1995, recommending the formation of work groups of stakeholders to assist in the preparation of a "Plan" that would address the numerous issues surrounding the St. Marys operation in the Westside Marsh area. After numerous meetings, the Trust presented their report that recommended that St. Marys continue to quarry a portion of the Westside Marsh, while "a major portion of the existing Westside Marsh will be retained including the habitat most important for fish, birds, plants and animals. The Marsh will be nearly two thirds of its present size, and new habitat will be provided in order to, achieve no net loss overall. As much as possible of this habitat will be created on site, and any shortfall will be made up by augmenting habitat in nearby marshes." 2. ST. MARYS' INVOLVEMENT 2.1 As described in a letter from St. Marys to Council, dated January 9, 1996, the "Plan" called upon St. Marys to do the following: a) To "freeze" 36 licensed acres of limestone so as to preserve the existing marsh thereon. As partial replacement of limestone, St. Marys would receive the Waverly Road right of way. 1209 b) To transfer ownership of the 37 acres adjacent to Cedar Crest Beach known as the south buffer. The end result is expansion of the naturalized area from the original 37 acres to 73 acres. c) To transfer St. Marys lands on West Beach Road now zoned "Extractive Industrial" for parkland, with the result that there would be adjacent to and including the Marsh over 100 acres of parkland and natural area. The consequences of the foregoing are as follows: i) It removes the potential for CBM ready -mix, the stonecrushing operation and Hutton Transport being relocated to the West Beach Road property. ii) It eliminates any future potential for St. Marys to pursue an expansion to its quarry on this abutting 36 acres now zoned "Extractive Industrial". d) To relocate the CBM stonecrushing and ready -mix operations from Waverly Road to a suitable new location supplied by the Municipality of Clarington within two years of the agreement. } There are costs associated with the move, and, while these operations ultimately would have to have been moved, the two- year requirement consumes capital at an earlier date. e) To dedicate to the Municipality of Clarington three parcels of land totalling 13.5 acres over and above the 37 acre parcel directly north of Cedar Crest Beach Road. f) To bear the cost of the diversion of Westside Creek around the licensed area. There is a significant additional cost, estimated to be in excess of $2.5 million, to St. Marys to implement this recommendation given the longer route and larger volumes of overburden required to be excavated. 3. MUNICIPAL INVOLVEMENT 3.1 The Regeneration Trust's Plan calls upon the Municipality of Clarington to do the following: a) Clarington will Close and transfer to St. Marys about 4 acres of Waverly Road thereby allowing the Company access to limestone under Waverly Road and 12 acres of its own land; St. Marys, at its own expense, will relocate the Waverly Road portion of the Westside Creek east and then south into the Westside Marsh. b) Clarington will provide access to Cedar Crest Beach by a bridge and road connection to West Side Beach Road. c) Within two years of the agreement, Clarington will provide an industrial location for the transfer of the CBM stonecrushing and ready -mix operations. 1210 4. IMPLEMENTATION PROGRAM 4.1 The Waterfront Regeneration Trust recommended three steps to implement the Plan: a) establishment of an Implementation Committee; b) formal applications by St. Marys to the Department of Fisheries and Oceans with a full proposal, based on this integrated plan; and c) following approval in principle of St. Marys' application by DFO, the Implementation Committee should commence coordination of the integrated steps in this plan, including the necessary permits and approvals. 5. MUNICIPAL ACTIONS 5.1 Upon receipt of the Regeneration Trust's Plan, Council directed Staff to identify potential costs against the Municipality should the Plan be carried out as proposed. It should be noted that when the Regeneration Trust introduced its interim report in the summer of 1995, requesting participation from the stakeholders to assist in the drafting of the final report, Staff advised the Trust that they were participating in the committee process on the clear understanding that no financial commitment could be made on behalf of the Municipality, given the budgetary restraints that the Municipality was facing at that time. Since then, Provincial cutbacks of Transfer Payments have resulted in even greater pressure on the municipal budget. 5.2 Over the past few months Staff has obtained an Impression of Value of the Waverly Road property as well as attending a. number of meetings with both St. Marys and the owners of the properties that would be affected by the construction of the proposed alternative routes to Cedar Crest Beach, in an attempt to identify costs that would be directed towards the Municipality in the Regeneration Trust's Plan. 5.3 Staff has also requested Ontario Hydro to give consideration to making available a portion of their Darlington NGS site for the relocation of the CBM stonecrushing operation, as recommended in the Plan. We have now been advised by Hydro that such a proposal was not in keeping with their future plans. We would recommend that Clarington not participate in providing an alternate site for this operation. 12ji 6. IMPLEMENTATION COMMITTEE 6.1 Prior to Clarington.'s commitment to the Implementation Committee, it is imperative to clearly identify the potential cost exposure to the Municipality, and ensure that the municipal tax levy is not adversely affected by any financial involvement on Clarinca ton' s behalf. 6.2 Upon reviewing the three proposed alternative routes to service West Beach Road, should the ownership of Waverly Road be transferred to St. Marys, staff would recommend the Cove Road Route. The attached map identifying the three proposed routes indicate the pr=vately owned lands that must be crossed for construction purposes. A preliminary cost of acquiring such land on the Cove Route, plus the cost of building the road and bridge, would be between 1.5 and 2.2 million dollars. 6.3 It is recommended that staff proceed to negotiate the purchase of private lands to accommodate the construction of the Cove Road Route, as well as continue to identify any potential financial assistance from other levels of government, and St. Marys Cement Company. 6.4 Once staff reports the outcome of these negotiations to Council, identifying any financial involvement on behalf of Clarington, as well as a source of funding that would not adversely affect the municipal tax levy, Council may then commit to participate in the proposed Implementation Committee. Respectfully submitted, W. H. Stockwell, Chief Administrative Officer WHS : no f att. 121L RAiLWA N � WEST SME cmc owMM " ' ® H1rDA0 1 _ out t t New Parkland ` 1 i a1 I j / BERM' ROUTE 1 1{NIt1{{{11/INI{{1{{fltt{ft{�Nll{fl{I{INf/ltllllllt{Nltift ; of �,cnoK urn 144414111 oil r �V WOCfD UPLAND 1 FORM KM 1 � 0 ! • U ,{{s{s{s u{{B{ �{{N�,118fu{u{{{l (...J vim S= a . o Q� � • = moo �ROUTE � t� t LAKE ONTARIO ROAD CROSSING 'mileOPTIONS, ®�® a • ,� LEGEND ® itat»ituttft»ttttt)tit ROAD AM/OR CROSSING e � Date: Nov. 1995