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HomeMy WebLinkAboutPSD-055-08 Cl!Jlmgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Res.o\\A.+1o: ~ r~-3%-Og Monday, June 2, 2008 Date: Report #: PSD-055-08 File #: PLN 17.9.4 By-law #: Subject: MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-055-08 be received; 2. THAT the termination date for the Roster of Consultants for the Preparation of Environmental Impact Studies, BE EXTENDED until the Official Plan Amendment for Bill 51-Planning Reform which clearly defines "complete application" takes effect; 3. THAT the Purchasing By-law 2006-127 be WAIVED; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: David . Crome, M.C.I.P., R.P.P. Director lanning Services Reviewed by:G ~~~ Franklin Wu, Chief Administrative Officer ne Marano, H.B.S.C., C.M.O. Director of Corporate Services FUDJC/df 16 May 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L lC 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-055-08 PAGE 2 1.0 BACKGROUND 1.1 The purpose of this report is to extend the existing roster of consultants for Environmental Impact Studies (EIS) until the Official Plan Amendment for Bill 51- Planning Reform which clearly defines the requirements of a "complete application" comes into force. 1.2 The Clarington Official Plan requires that an Environmental Impact Study be prepared for any development application located on or adjacent to a Natural Feature identified on Map C of the Plan. As set out in Section 4.4.35 (formerly 4.3.8) of the Official Plan, the Municipality is to retain qualified professional expertise to undertake the Study, with the cost of the Study to be borne by the proponent. 1.3 On October 15, 1996, Council approved the EIS Guidelines to implement the policies of the Official Plan. The Guidelines indicate that the Planning Services Department will develop and maintain a roster of consulting firms qualified to prepare Environmental Impact Studies, and that Staff will seek Council's authorization to renew the roster every three (3) years. 1.4 On June 7, 2004, Council considered Staff Report PSD-067 -04 and approved the Rosters for the Preparation of Environmental Impact Studies (Attachment 1). The effective period for this Roster, as approved by Council, was July 1, 2004 to July 1, 2007. Subsequently, in March 2007, Council extended the effective period of the Roster until July 1, 2008. 1.5 In the report before Council in March of 2007 the EIS Guidelines were modified to meet the requirements of the definition of "complete application" as set out in Bill 51, now incorporated into the Planning Act and its regulations. However, Planning Staff have yet to bring the Clarington Official Plan into conformity with the Bill 51-Planning Reform legislation. Staff are currently preparing an amendment and propose to have it before Council late in 2008. 2.0 COMMENTS 2.1 Since October 1996, Council approved Guidelines for the Preparation of Environmental Impact Studies, have been in place. Over the past twelve years, many Environmental Impact Studies have been undertaken and completed. In addition, a number of development applications have been checked to determine whether an EIS would be required. Staff have reviewed and Council have approved revisions to the Guidelines in light of these experiences; in addition, the process for establishing the roster of firms through a prequalification process has been modified. The prequalification modifications were based on the experience from working with the process, consultants and conservation authorities. Staff have also taken into consideration the comments and suggestions from consultants and proponents. REPORT NO.: PSD-055-08 PAGE 3 2.2 Refinements to the EIS Guidelines were required as a result of the Oak Ridges Moraine Conservation Plan in 2004. More recently, in early 2007 the introduction of the requirements for a "complete application" in Bill 51 required revisions to the Guidelines. 2.3 In 1996, when the requirement for the preparation of EIS studies was introduced in the Official Plan, the number of qualified professionals and understanding of how to prepare an EIS was limited. The field of expertise has grown, as has the understanding of what the requirements for an acceptable EIS study are. The Bill 51-Planning Reform amendment will recommend that the municipality no longer maintain an EIS roster. Rather, similar to all other studies required by a development application the hiring of a qualified consultant will become the responsibility of the proponent. The Municipality and C.A's will be involved in setting out the terms of reference for the work and review of the results. Should the Municipality or C.A. not be satisfied with the study or its recommendations, the option will be to have the study peer reviewed. 3.0 REQUEST TO EXTEND THE PERIOD OF ROSTER 3.1 For reasons outlined below, Committee is being requested to extend the period of the Roster until the Bill 51-Planning Reform Official Plan Amendment comes into force. (i) The process to renew the Consultant Roster is fairly time consuming, requiring staff time to review Expressions of Interest from several consulting firms and to conduct interviews with a number of firms. Because of the commitment of Planning Services resources to other higher priority projects, insufficient time is available to properly undertake the process to renew the Roster of Consultants. Staff from the Ganaraska Region Conservation Authority and the Central Lake Ontario Conservation Authority are also involved in the consultant selection process. (ii) The consultants on the existing Roster have provided good service. To date, a total of 15 Environmental Impact Studies have been undertaken since this Roster came into effect. In addition, 2 peer reviews and 1 addendum have been carried out. In every case, Planning Services has been pleased with the product provided. (iii) The pre-qualification process is time consuming and costly for the consultants to participate in. The existing contract in place with the different consultants allows for an extension. 3.2 Establishment of the roster process through the pre-qualification of consultants, is a substitution for the typical process set-out in the Purchasing By-law for the engagement of consultants. Essentially, the pre-qualification process sets aside the typical purchasing process in favour of the roster. To extend the roster, the Purchasing By-law 2006-127 will have to be WAIVED. REPORT NO.: PSD-055-08 PAGE 4 4.0 CONCLUSIONS 4.1 An extension for the current Roster of Consultants for the Preparation of Environmental Impact Studies will provide the necessary time for Planning Services Staff to complete the Bill 51-Planning Reform Official Plan Amendment. Attachments: Attachment 1 - Resource Descriptions and EIS Roster for each as approved by PSD-067-04 Attachment 2 - EIS Guidelines Interested Parties to be notified of Council and Committee's decision Central Lake Ontario Conservation Ganaraska Region Conservation Authority Will McCrae, Totten Sims Hubicki Associates Jeff Warren, Marshall Macklin Monaghan Limited David Maunder, Aquafor Beech Limited Phil Niblett, Niblett Environmental Associates Inc. Robert Nisbet, LGL Limited, Environmental Research Associates David Sawicki, Morrison Environmental Limited, David Stephenson, Natural Resources Solutions Inc. Attachment 1 To Report PS!:)-~~5~O!l DESCRIPTION OF RESOURCES AND ROSTER FOR EACH RESOURCE Terrestrial Resources* Terrestrial resources consist of flora and fauna features and functions and may include any of the following: · rare, threatened or endangered species and/or habitat for these species . wildlife habitat . woodlands . sand barrens, grasslands and/or prairie species . connectivity including linkages and corridors . vistas, views and panoramas Roster 1. Aquafor Beech Limited 2. Niblett Environmental Associates 3. Marshall Macklin Monahan Aquatic and Fishery Resources* Aquatic and fishery resources consist of surface water features and functions, the habitat provided by surface water and the vertebrate and invertebrate species that have all or a part of their live cycle dependent on proximity to surface water and may include any of the following: · lakes, ponds, rivers, streams, tributaries (permanent, intermittent, or ephemeral) . fish and/or fish habitat . reptiles, amphibians, and benthic species . valleylands Roster 1. Niblett Environmental Associates 2. Aquafor Beech Limited 3. LGL Limited, Environmental Research Associates Earth Science and Hydrogeology Resources* These resources consist of features or functions of the earth or below the earth and may include any of the following: . erosion hazards including valleylands, slopes and bluffs . soils . groundwater resources · seeps/springs or other characteristics of recharge or discharge functions Roster 1. Aquafor Beech Limited 2. Totten Sims Hubicki (TSH) with Morrison 3. Marshall Macklin Monaghan Limited (MMM) * Wetlands may fall into any of the three categories (the areas of specialty) and will be determined during the preparation of the terms of reference. Attachment 2 To ~e!,ort f>SQ-(!55-01i MUNICIPALITY OF CLARINGTON GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL STUDIES IN ACCORDANCE WITH REQUIREMENTS OF THE CLARINGTON OFFICIAL PLAN 1.0 INTRODUCTION AND OVERVIEW The Natural Heritage System Maps of the Municipality of Clarington Official Plan identify the location of known permanent cold and warm water streams, wetlands, significant woodlands, significant valleylands, Areas of Natural and Scientific Interest, other natural heritage features, and the Oak Ridges Moraine and Lake Iroquois Beach. Chapter 4 of the Official Plan requires that environmental impact studies be conducted prior to consideration of any proposed development within or adjacent to features of the natural heritage system. The purpose of these Guidelines is to set out a process for the implementation of these studies. Section 23.9 of the Official Plan requires a study (Natural Heritage Evaluation of Hydrological Evaluation) to be prepared prior to development of existing lots on the Oak Ridges Moraine if the lot is within the minimum area of influence from a natural heritage feature). The policies regarding these studies are contained in the Official Plan sections 4.4.42 and 4.4.43 respectively. 2.0 PREPARATION OF ENVIRONMENTAL IMPACT STUDIES 2.1 Determination of Need for a Study 2.1.1 A study shall be required when a proposed development is located within or adjacent to a natural heritage feature. The natural heritage feature may be identified on the Natural Heritage System Maps contained within the Official Plan or it may be identified during pre-consultation with a proponent for a proposed development. 2.1.2 When initially considering a proposed development, the landowner should consult with the Planning Services Department to determine if a study needs to be prepared. The definition of a "complete application" will be as per the most recent version of the Planning Act or regulations. 2.1.3 Planning Services Department Staff will determine if the area subject to the proposed development is located within or adjacent to any of the natural heritage features identified on the Natural Heritage System Maps (Maps C and D) contained within the Official Plan. Planning Services Department Staff will consult with Staff of the relevant Conservation Authority, if necessary, to determine the need for a study. The following matters shall be considered in this regard: o The extent and nature of the proposed development; o The significance and sensitivity of the natural heritage feature; o If the proposed development is located on the Oak Ridges Moraine; and o Opportunity for mitigative measures to be identified and implemented through other approval processes. 2.1.4 Unless otherwise defined in Table 4-1 of the Official Plan, the lands subject to proposed development shall be considered as being adjacent to a natural heritage feature if the area subject to a proposed development is located within: o 120 metres of the edge of a wetland or wetland complex; o 120 metres of the edge of a tableland woodlot; o 120 metres of the top of bank of the valley for a cold water or warm water stream; o 120 metres of the edge of an Area of Natural and Scientific Interest; o 25 metres of the edge of the Lake Iroquois Beach. 2.1.5 If the review of the proposed development by Planning Services Department Staff indicates that a study pursuant to Chapter 4 of the Official Plan is required, the Planning Services Department shall notify the proponent in writing: o to advise that a study pursuant to Chapter 4 of the Official Plan is required; o to advise of the process for preparing-the study; o to request the applicant to submit a letter to the Planning Services Department advising of their willingness to participate in and fund the preparation of the study; o to advise that Planning Services Department Staff, in consultation with the relevant Conservation Authority and other agencies as appropriate, will require a Terms of Reference for the study; o to advise the proponent that, to facilitate advancing the process, the proponent and their consulting planner should draft a Terms of Reference for review, modification and approval by the Planning Services Department and the applicable Conservation Authority; o to advise of the matters to be taken into consideration in the preparation of the Terms of Reference, including: . the matters outlined in Chapter 4 of the Official Plan; . the extent and nature of the proposed development; . the need for a scoped/site-specific or comprehensive study; . the need for a four-season study. o to advise that the Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines. o in the absence of a specific definition of a "complete application" in the Official Plan, the Planning Services Department will consider the EIS requirement portion of an application "complete" when the funding for the EIS has been accepted by the Planning Services Department for the full cost of the EIS study, to allow the application to proceed through the process. 2.1.6 Except as provided for in Section 2.1.7 of these Guidelines, the Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines. 2.1.7 The proponent will be required to select and retain the consultant to undertake the study: o If the review of the proposed development by Planning Services Department Staff indicates that a study is required pursuant to Section 23.9 of the Official Plan (Existing Lots), o If a single house is being proposed on an existing lot of record on the aRM; or o If an addition to an existing house is proposed within the aRM; or o If accessory uses are proposed to a legally permitted existing house on the aRM. The Planning Services Department shall notify the-proponent in writing of the need for the study and that the study shall address the same matters as set out in Section 2.1.5 above. 2.2 Steerina Committee 2.2.1 For major development applications or where otherwise deemed appropriate by the Director of Planning Services, a Steering Committee shall be created to administer the preparation of the study identified in Section 2.1.5 of these Guidelines. The Steering Committee will be comprised of any combination of representatives from the following agencies/departments: o Clarington Planning Services Staff; o Clarington Engineering Services Staff (if necessary/appropriate); o Durham Region Planning Staff (if necessary/appropriate); o Conservation Authority Staff; o developer representative; o citizen representative (if necessary/appropriate). Planning Services Staff will contact a citizens' group, the residents in the area of the proposed development application, and/or any other groups in order to identify an appropriate citizen representative to sit on the Steering Committee. Appointment to the Steering Committee is at the discretion of the Director of Planning Services. 2.2.2 The Steering Committee shall review the consultant's reports and provide constructive comments and input to assist the consultant in finalizing the study. 2.2.3 Every effort will be made to help the members of the Steering Committee reach a consensus regarding the consultant's reports. However, in the event of a disagreement between or among the members of the Steering Committee regarding the consultant's report, the final decision shall rest with Clarington Planning Services Staff. 2.2.4 Section 2.2 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan.