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HomeMy WebLinkAboutPD-44-99 4 ON: PD-44-99 , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT File # F-05 . Res. #C)Pf}-.;L4':l- r/. By-law # 9'1- ~ I Meeting: General Purpose and Administration Committee Date: Monday, May 3,1999 Report #: PD-44-99 File #: PLN 17.13.5 & PLN 17.9.9 Subject: FOSTER CREEK SUBWATERSHED STUDY AND FOSTER NEIGHBOURHOOD ENVIRONMENTAL IMPACT STUDY FILES: PLN 17.13.5 & PLN 17.9.9 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-44-99 be received; 2. THAT Council confirm the selection of the consulting firm of Gartner Lee Limited to undertake the Foster Creek Subwatershed Study and the Foster Neighbourhood Environmental Impact Study; 3. THAT the By-law attached to this Report as Attachment No.2 authorizing the Mayor and Clerk to execute the necessary agreement be approved; and 3. THAT Staff be authorized to advertise for and select two resident representatives for the Steering Committee for the Foster Creek Subwatershed Study and the Foster Neighbourhood Environmental Impact Study. 1. BACKGROUND 1.1 Foster Neighbourhood is located in the western portion of the Newcastle Village Urban Area. It is bounded on the east by Foster Creek and on the north by the c.P. Rail line, the urban boundary on the west and Highway 401 on the south. That portion of the Neighbourhood south of Highway 2 and east of Rudell Road is developed, while the area north of Highway 2 remains vacant. 1.2 Subdivision Application 18T-89059; submitted by Foster Creek Developments and Robert Stephenson, includes most of the lands in the north-east quadrant of the 635 REPORT PD-44-99 PAGE 2 neighbourhood (east of Rudell Road north of Highway 2). The balance of the undeveloped lands in the north-east quadrant is owned by Kiradaar Investments. These lands are not subject to an active application for subdivision approval. The three land owners have advised the Municipality that they are interested in proceeding with the development of their lands. 1.3 The Clarington Official Plan (Section 20.2.4) requires the preparation of a subwatershed plan prior to the municipal approval of a draft plan of subdivision. The Plan (Section 4.3.8) also requires an Environmental Impact Study to be prepared to assess the impact of the proposed subdivision development on Foster Creek. As indicated by the attached map (see Attachment No.1), approximately two-thirds of the neighbourhood lies within the Foster Creek subwatershed. The balance of the land drains to a tributary of Wilmot Creek. 1.4 In 1998, representatives of the three landowners within the north-east quadrant of the neighbourhood indicated their desire to proceed with development and address the requirements of the Official Plan. Terms of reference were drafted and several meetings were held to resolve the scope of work and the funding of such a study. The Staff of the Ganaraska Region Conservation Authority were fully involved in the preparation of the terms of reference. 2. SUBWATERSHED STUDY AND ENVIRONMENTAL IMPACT STUDY 2.1 The preparation of subwatershed plans represents a natural evolution in the management of urban stormwater runoff. In the 1980s and early 1990s, Master Drainage Plans were recognized as the preferred mechanism for the planning and design of urban drainage systems. Such plans were usually prepared after development had been approved, and generally focused on controlling the quantity of storm water runoff and identifying measures to mitigate flooding and erosion impacts. 636 REPORT PD-44-99 PAGE 3 2.2 Concerns regarding water quality and fisheries habitat led to the recognition that the health of the aquatic envi ronment could not be protected without regard for the health of terrestrial environment supporting the stream. An ecosystem approach to planning allows land use decisions to be made that respect the ability of the natural environment to accommodate change. Since watersheds and subwatersheds are distinct ecosystems tied together by the movement of water, they represent the logical study areas for an ecosystem approach to planning. 2.3 In this regard, the objectives of the Foster Creek Subwatershed Study include: . characterising the natural heritage features and functions and linkages within the subwatershed; . evaluating existing and proposed land uses and identifying constraints to development; . providing an action plan for land use development, stormwater management and rehabilitation of the subwatershed. 2.4 The Environmental Impact Study for the neightourhood will proceed concurrently with the Subwatershed Study. This portion of the study will examine in greater detail the impact of the proposed development on the subwatershed. The study will also provide a plan to eliminate or mitigate any impacts related to the development and will assess the potential for the restoration or creation of wildlife habitat on the proposed development site. 2.5 The scope of the terms of reference recognize that the Foster Creek is part of the Wilmot Creek Watershed and would utilize some of the information currently being collected as part of the Wilmot Creek Watershed Study. Both studies are more cost- effective as a result of sharing data collection and the resultant analysis. 637 REPORT PD-44.99 PAGE 4 3. CONSULTANT SELECTION AND STUDY FUNDING 3.1 Five consulting firms were requested to submit proposals to undertake the two studies; three proposals were received. As a result of the review of the Proposals, as well as consultant interviews, the consulting firm of Gartner Lee Limited has been selected as the successful candidate. The developers group is satisfied with the consulting firm selected. Staff is recommending that Council" endorse the selection of Gartner Lee and authorize the Mayor and Clerk to execute an agreement with the firm for the preparation of the two studies. The authorizing By-law and agreement are attached to this report as Attachment No.2. The Terms of Reference and the Consultant's Proposal are avai lable for viewing in the Planning Department. 3.2 The total cost of the two studies is $90,000.00, exclusive of G.S.T. The three development interests in the Foster Creek Neighbourhood have provided $80,000.00, while the remaining $10,000.00 will be drawn from the Planning Department's consulting budget. The developers' portion of the study funding has already been secured. Since the collection of spring time data is critical and the developers funds have been secured, Staff have authorized the consultant to commence work. 4. STEERING COMMITTEE 4.1 The two studies will be guided by a Steering Committee to be comprised of representatives from the Planning Department, the Public Works Department, the Ganaraska Region Conservation Authority, and the Ministry of Natural Resources. Other agencies such as the Ministry of Environment and the Region of Durham may also be requested to sit on the Committee. 4.2 Public involvement in the Subwatershed and Environmental Impact Studies is crucial to the ultimate approval and successful implementation of the studies' recommendations. Public Information Centres will be held during the study process. However, public participation on the Steering Committee will allow area residents to help guide the 638 , REPORT PD-44-99 PAGE 5 studies and ensure that local knowledge, concerns and issues are addressed. Representatives from both the urban and rural areas of the subwatershed will help ensure that the public's input is balanced. In this regard, Staff are seeking Council's authorization to advertise for and select two publ ic representatives to sit on the Steering Committee. One representative would represent rural interests and the other would represent urban residents. 5. CONCLUSIONS 5.1 The Foster Creek Subwatershed Study is the first such study prepared in the Municipality and, as such, represents an important opportunity for Staff, Council and residents to take a proactive approach to incorporating ecological considerations into the land use planning process. 5.2 Although the study is being administered by the Municipality, it is important to acknowledge the critical role of Ganaraska Region Conservation Authority staff in the successful completion of the two studies. Authority Staff were involved in initiating the two studies and will be very important in providing technical advice and information as the studies proceed. Furthermore, there has been a strong effort to collaborate and utilize data being collected through the Wilmot Creek Watershed Study in the Foster Creek Subwatershed Study. Reviewed by, Da d . Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development d",~~w~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer JAS*DJC*cc April 26, 1999 639 , REPORT PD-44-99 PAGE 6 , Attachment No. 1 Attachment No.2 Foster Creek Watershed Map By-law for Contract with Gartner Lee Interested parties to be notified of Council and Committee's decision: Mr. Bryce Jordan G.M. Sernas & Associates Ltd. 110 Scotia Court, Unit 41 Whitby, Ontario L1 N 8Y7 Mr. Warren Coulter Ganaraska Region Conservation Authority P.O. Box 328 Port Hope, Ontario L1A 3W4 Mr. Ed VanHaverbeke Foster Creek Developments 85 King Street West, Unit 2 Newcastle, Ontario L 1 B 1 L2 Mr. Bob Stephenson 170 Given Road R.R.#8 Newcastle, Ontario L 1 B 1 L9 Mr. Frank Feldman Kiraadar (Ontario) Inc. 7 Di rector Court, Suite 104 Woodbridge, Ontario L4L 4S5 640 ATTACHMENT NO.1 o <( o 0:: I- 0:: <( :::c ::.:: () o ~ , , Il) ...... ...... - Il) C') " >- 1\<( , \ 3: , , :::c " ,e> " ~ " ,-... , ~... " "" , " 0 , \<( , '0 , \if: , " I !d: \ u.. . u.. I 0 , ~ rJ CONCESSION ,. " ,--" -- , , I , " --' , , 0 UJ , 0 > I 0 0:: , ~ 0 \-1 ~ \ . , , . I . , , , , I . I " " I HIGHWAY NO.2 IGHWAY 401 Foster Creek Watershed ~ Limits of Environmental Impact Study Area - - - Limits of Foster Creek Sub Watershed Study Area 641 . ATIACHMENT NO.2 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NLlMBER 99- being a By~law to authorize a contract between the Corporation of the Municipality of Clarington and Gartner Lee Limited for the Foster Creek Subwatershed Study and the Foster Creek Neighbourhood Environmental Impact Study. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington with the Corporate Seal, a contract between Gartner Lee Limited and said Corporation; and 2. THAT this agreement attached hereto as Schedule "A" forms part of this By-law. BY-LAW read a first time this day of 1999. BY-LAW read a second time this day of 1999. BY-LAW read a third time and finally passed this day of 1999. MAYOR CLERK 642