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Home My WebLink About04/08/2002 ... - ~!~1!:inglon - . - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: APRIL 8, 2002 TIME: 9:30 A.M. - PLACE: COUNCIL CHAMBERS 1 . ROLL CALL - 2. DISCLOSURES OF PECUNIARY INTEREST - 3. MINUTES (a) Minutes of a Regular Meeting of March 25. 2002 301 - 4. DELEGATIONS - No Delegations - 5. PUBLIC MEETINGS (a) Rezoning Application - Applicant: Sylvia Vanhaverbeke REPORT PSO-024-o2 501 - (b) Crooked Creek Golf Course Official Plan Amendment and Rezoning Development Applications .. REPORT PSO-025-o2 503 (c) Application for Zoning By-law Amendment and Proposed - Plan of Subdivision Sylvan Estates Inc. and Bennett Developments Inc. REPORT PSO-o26-o2 505 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 G.P.& A. Aaenda - 2 . April 8, 2002 ... 6. PLANNING SERVICES DEPARTMENT (a) PSD-024-02- (b) PSD-025-02- (c) PSD-026-02- (d) PSD-027-02- (e) PSD-028-02- (f) PSD-029-02 _ 7. - Rezoning Application Applicant: Sylvia Vanhaverbeke ... 601 Crooked Creek Golf Course Official Plan Amendment and Rezoning Applications ""'" 608 .. Application for Zoning By-law Amendment and Proposed Plan 01' Subdivision Sylvan Estates Inc. and Bennett Developments Inc. 657'" Draft Environmental Assessment Guidelines for the Used Fuel Dry Storage Facility Proposed on The Darlington Nuclear Generation Station Lands ... 669 ... Draft Scooe of the Environmental Assessment for the Port Granby Long Term Low-Level Radioactive Waste Management Project - 687 Monitoring the Decisions of the Committee of Adjustment for the Meeting of March 21,2002 ... 69908 ENGINEERING SERVICES DEPI-RTMENT ... No Reports 8. OPERATIONS DEPARTMENT No Reports ... 9. EMERGENCY SERVICES DEPARTMENT ... No Reports ... 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT No Reports .... ... ... .... ... - - G.P.& A. Agenda .3- April 8, 2002 - 12. CORPORA TE SERVICES DEPARTMENT (a) COD-018-02 - CL2002-4, One (1) Class 7 Motor Grader 1201 - 13. FINANCE DEPARTMENT - No Reports - 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT (a) ADM-04-02 - Canadian Association of Nuclear Host - Community 1401 15. UNFINISHED BUSINESS - 16. OTHER BUSINESS - 17. ADJOURNMENT - - - - - - - - - - ... .. .. ., ... - IIlIlIi ... - ... ... ... ... ... .. .. - - ... - - THE MUNICIPALITY OF CLARINGTON - General Purpose and Administration Committee March 25, 2002 - Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 25, 2002 at 9:30 a.m., in the Council Chambers. ROLL CALL - Present Were Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim - - Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton (attended at 10:10 a,m.) Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of FinancelTreasurer, N. Taylor Deputy Clerk, M. P. Knight Stanley - - - Mayor Mutton chaired this portion of the meeting. - DISCLOSURES OF PECUNIARY INTEREST There were no Disclosures of Pecuniary Interest stated at this meeting. - MINUTES - Resolution #GPA-130-02 Moved by Councillor Robinson, seconded by Councillor Rowe - THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on March 4, 2002 be approved. - "CARRIED" PRESENTATIONS - (a) Trevor Blngler, Senior Associate, Ministry of Municipal Affairs, _ Central Region, Suite 362, 700 Lawrence Avenue West, North York, M7 A 3S4 - re: Growth Secretariat Presentation of Smart Growth Management made a power point Presentation and circulated a copy of his presentation to Members of the Committee. The Presentation addressed the following: - - 301 - G.P. & A. Minutes PRESENTATIONS CONT'D. - 2 - March 25, 2002 ... Background - Smart Growth was announced by the Premier in January, 2001 What is Smart Growth? - It is based on three principles: Strong Economy, Strong Communities and Clean and Healthy Environment Smart Growth Initiatives Smart Growth Goals Operating Principles Mandate Membership and Boundaries Smart Growth Panels Possible Content of Smart Growth Strategies Central Zone Smart Growth Panel Smart Growth Panel Support; and Moving Smart Growth Forward IIIiII MIll MIll MIll (b) ... Ainslie Wood, Wood Sloan Inc., 409 Sackville Street, Toronto, M4X 156 gave a power point Presentation on the 'Who Does Whar Initiatives which addressed the following: ... Introduction/Committee/Mandate Background - To Streamline the Public Works Services Stage 1 Report Oshawa has withdrawn from the Stage 11 Endeavour (Regional Roads Maintenance, Solid Waste Collection, Road Network Rationalization and Engineering Development Approvals) ... ... She introduced Gord Glover, Senior Partner, Deloitte Touche. He noted that Public Works and Finance Officials from the Region and area municipalities addressed the following issues: .. . Roads Network Rationalization/Objectives/Results. It is recommended that this proceed to implementation strategy stage Regional Roads Maintenance - It is recommended that this not be pursued in its current form Depots Rationalization - It is recommended that this item proceed to implementation strategy development phase Solid Waste Collection with Consolidated Service Delivery of all Waste Management - It is recommended that this proceed to implementation strategy development phase Weed Control- It is recommended that the service delivery remain at the Regional level One Window approach to road related permits - This should not be pursued in its present form; Customer Enhancements, however, should be facilitated. Vehicle Equipment purchasing - It is recommended that Capital Budgets be shared early and a staff committee approve common purchases. It is recommended that the Who Does What Committee continue to be the forum, that the initiator take the lead in the design of service agreements and that standardization of fees be established. ~ MIll . ... . . MIll . MIll . . .. . .. 31.12 ... .. - G.P. & A. Minutes - PRESENTATIONS CONT'D. - - - - DELEGATIONS - - - - - - (c) - - - - (d) - - - - 3 - March 25, 2002 Comments to the Region should be made by April 5, 2002 and the Region will report back by May 29,2002. Resolution #GPA-131-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT the Presentation of the Director of Community Services, J. Caruana, be deferred to later in the meeting prior to consideration of Report CSD-07-o2. "CARRIED" (a) Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 advised prior to the meeting that she would not be in attendance. (b) Jessica Markland, 2377 Highway No.2, Apt. 444, Bowmanvllle, L 1 C 5E2 circulated documents and advised that she opposes the Deregulation of Electricity for the following reasons: 1) Affordability (What would happen if an arena could not afford to make ice?) Will the twenty-one million dollar debt have to be paid by the Ontario Taxpayers?; and 2) Air Quality She requested that the Municipality of Clarington forward a resolution to the Province stating their opposition to the Deregulation of Electricity. Rosemary Humphries, Weston Consulting Group Inc. 201 Mlllway Avenue, Unit 19, Vaughan, L4K 5K8 - re: Report PSD-018-02 reiterated the concems expressed at the last meeting held in January, 2002. The following concerns were noted: - Density and Traffic volumes - Access to property - Lot sizes. She noted that the second access to Durham Street is not possible for many reasons and suggested that Albert Street be used as an altemate route. She expressed support for the recommendations contained in PSD-018-02. Janet Wilson, 53 Brown Street, Bowmanville, L 1C 2R5 - re: Report PSD-018-02 expressed concerns and noted that this is not smart growth; this is a typical subdivision which will have a negative impact on the Bowmanville Creek. She is opposed to this development. 3tJ3 G.P. & A. Minutes -4- March 25, 2002 ... DELEGATIONS CONT'D. Resolution #GPA-132-02 - Moved by Councillor Schell, seconded by Councillor Rowe THAT the Committee recess for ten minutes. ... "CARRIED" The meeting reconvened at 11 :20 a.m. ... (e) Philip Powers, 45 Cigas Road, Courtice, L 1 E 2T2 - re: Report PSD-021-02 advised that Keith McFaul would be addressing Members of the Committee on behalf of the area residents. .... (u) Keith McFaul, 83 Cigas Road, Courtice, L 1 E 2T2 - re: ... Report PSD-021-02 appeared on behalf of his neighbours and requested that, by a show of hands, people indicate their opposition to the proposal. Approximately 20 persons indicated their opposition to the proposed ... official plan amendment. Mr. McFaul advised that, since 1970, the uses presently in place have been legal. With the proposed official plan amendment, suddenly these properties would be "legal non-conforming" and this is not acceptable to the existing residents. He noted that the ... residents would support referral of this official plan amendment to the official plan review scheduled for the year 2004. (f) Donna Middleton, 107 Clgas Road, Courtlce, L 1 E 2T2 - re: ... Report PSD-021-02 expressed opposition and would like to be notified in writing of the resolution and any future notification. ... (g) Harold Jensen, 908 Roundelay Drive, OShawa, L 1J 7T2 - re: Report PSD-021-02 concurred with the comments made by Keith McFaul. He stated that it is unfair to change the zoning 25 years after he ... purchaSed the property. (h) Hannu Halmlnen, 1748 Baseline Road W. Courtlce, L 1E 2T1 - re: Report PSD-021-02 was called but was not present. .... (i) Steven Hunt, 1698 Baseline Road, Courtlce, L 1E 2S7. re: Report PSD-021-02 was called but was not present. ... U) Dirk COk, 1698 Baseline Road, Courtlce, L 1 E 2S7 - re: Report PSO-021-02 expressed his opposition to the proposed official plan amendment by correspondence. - (k) John Douglas Coolec:lge, 1692 Baseline Road W., Courtlce, L 1 E 2S7 - re: Report PSD-021-02 expressed support for the comments ... made by Keith McFaul. (I) Jozo Alllovlc, 75 Resolute Court, Whitby, L 1 P 1 G6 - re: Report PSO-021-02 was called but was not present. He noted his .. comments in a letter wherein he expressed his opposition to the proposed official plan amendment. (m) Garry Cooke, 119 Clgas Road, Courtice, L 1 E 2T2 - re: ... Report PSO-021-02 expressed opposition by correspondence. 304 ... ... - a.p. & A. Minutes - DELEGATIONS CONT'D. - - - - - - - - - - - - - - - '- ... (w) (x) .5- March 25, 2002 (n) AJex Buksa, 1612 Baseline Road W., Courtlce, L 1E 2M3 - re: Report PSD-021-02 was called but was not present. (0) Paul Kaulback, 80 Clga. Road, Courtlce, L 1 E 2T2 - re: Report PSD-021-o2 purchased his property three years ago and requested that the zoning remain as is. (p) Terry Robichaud, 1682 Baseline Road, Courtlce, L 1 E 257 - re: Report PSD-021-02 requested that the zoning be left as it presently stands because his home is his retirement. (q) George Maguire, Maguire Water Supplies, 11 Jane Avenue Courtlce, L 1 E 2H9 - re: Report PSD-021-02 requested that the zoning remain as is. (r) Terri Tanner, GP Tanner Equipment and Motor City Crane Rental, 1672 Baseline Road W., Courtice, L 1 E 287 - re: Report PSD-021-02 stated that the outdoor storage is one of the reasons why he purchased his property in this area and it would be wrong to change the zoning at this time. (s) Glen Middleton, 107 Clgas Road, Courtlce, L 1E 2T2 - re: Report PSD-021-02 noted that this property is his retirement and requested that the zoning remain as is. He also requested that he be informed of any future undertakings pertaining to this matter. (t) Mike McEachen, P.O. Box 1269, 5touffvllle, L 1V 4S2 - re: Report PSD-021-02 expressed support for the comments made by Keith McFaul. (u) (v) Keith McFaul spoke earlier in the meeting. Dominic Vetere, 1604 Baseline Road W., CourtJce, L 1 E 255 - re: Report PSD-021-02 expressed support for the comments made by Keith McFaul. Bryan Johston, 65 Clga. Road, Courtlce, L 1 E 2T2 - re: Report PSD-021-02 stated that he purchased his home two years ago and that the proposal affects every business in the area and he is in opposition to this proposed official plan amendment. Jim Clancey, 1616 Baseline Road W., Courtlce, L 1 E 255 - re: Report PSD-021-02 expressed support for the comments made by Keith McFaul. (y) Bruce Fenton, 71 Clga. Road, Courtlce, L 1 E 2T2 - re: Report PSD-021-02 expressed support for the comments made by Keith McFaul. (z) Julie Cashln-oster, Chairman, Clarke Museum and Archives, 4375 Regional Road 18, Newtonvllle, LOA 1JO - re: Report CSD-07-02 stated that, although she endorses the cultural review, she is concerned that the merging of the two Museum Boards is being done too quickly. She suggested that the Transitional Board meet approximately every three months such that the new Board could be appointed with the new Council. She would also support the two Boards being amalgamated at such time as the Administrator and the Curator have been hired. 315 l~I.cu.\,;U LJ, LVVL DELEGATIONS CONT'D. ... (aa) Jean Michel Komarnicki, 143 Simpson Avenue, Bowmanville, L 1 C 3K8 - re: Report CSD-07 -02 circulated a copy of his presentation and advised that he is the newly elected President of the Visual Arts Centre and that it is important that the Municipality recognize the vital role which the Visual Arts Centre has played in the community. He expressed support for the recommendations contained in the Cultural Review as it pertains to the Visual Arts Centre. He highlighted two issues: .... ... 1) How will the role of a staff liaison compare with the role of a Council .... liaison to the Board; and 2) The Report stated that "no significant space issues were identified". He wanted to express words of thanks to the Operations Department ... for the repairs and bringing the building up to Building Code standards. He extended an invitation to all to visit the Visual Arts Centre as well as .. the Atrium of the Courtice Community Complex. (bb) Denis Goulet, Canadian Waste, 170 Claireville Dr., Etoblcoke, M9W 5Y3 - re: Report FND-Q06-02 was present to answer questions from Members of the Committee. .. Councillor Schell chaired this portion of the meeting. .. PLANNING SERVICES DEPARTMENT Resolution #GPA-133-01 .... Moved by Mayor Mutton, seconded by Councillor MacArthur IIlIlIi THAT the order of the agenda be altered to allow for consideration of Report PSD-Q21-02 at this time. .. "CARRIED" Clarington Official Plan ROPA 96-004 Resolution #GPA-134-02 IIlIlIi Moved by Mayor Mutton, seconded by Councillor Trim THAT Report PSD-021-02 be referred to the Official Plan Review scheduled for the year 2004. .. "CARRIED" .. Resolution #GPA-135-02 Moved by Mayor Mutton, seconded by Councillor Robinson That the Committee recess for lunch until 1 :15 p.m. ... "CARRIED" ... The meeting reconvened at 1 :15 p.m. .. 31J6 .. .... .. G.P. & A. Minutes .7- March 25, 2002 - PLANNING SERVICES DEPARTMENT CONT'D. - Proposed Rezoning Application 749328 Ontario Ltd. In Trust ZBA2001-D25 & 18T -93008 - - - - - - - - - - - Resolution #GPA-136-02 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report PSD-D18-02 be received; THAT the proposed amendment to draft-approved plan of subdivision be revised to identify the portion of Street A between Street B and Hunt Street as Block 81 for an emergency access and that Block 72 be identified as a Future Development block; THAT the proposed zoning by-law amendment contained in Attachment No.6 be revised to rezone Block 72 as Urban Residential Type One _ Holding ((H) R1) to implement the Future Development Block; THAT the rezoning application 'ZBA 2001-025 submitted by Weston Consulting Group Inc. on behalf of 749328 Ontano Limited in Trust be approved in prinCiple and that the By-law contained in Attachment No.6, as revised, to Report PSD-018-02, be adopted by Council at such time the valley lands shown as Block 76 on the proposed amendment to Draft Approval are transferred to the Municipality; THAT the conditions of draft approval contained in Attachment No. 5 to Report PSD-018-02 be modified to reflect the revisions specified in paragraph 2 above and to provide for the transfer of the new Block 81 to the Municipality for an emergency access; THAT the application to amend the Draft Approved Plan of Subdivision 18T-93008 submitted by Weston Consulting Group Inc. on behalf of 749328 Ontario Limited in Trust be approved as redline revised and the Director of Planning Services be authorized to issue an amendment to draft approval based on the conditions as contained in Attachment No.5 to Report PSD-D18-02 as further revised as necessary to reflect Council's revisions; and THAT the Durham Region Planning Department, all interested parties listed in Report PSD-D18-02 and any delegation be advised of Council's decision. "CARRIED" Application for Resolution #GPA-137-02 Removal of Holding Applicant: Ryan Best Moved by Councillor MacArthur, seconded by Councillor Trim - - - - - i i THAT Report PSD-D19-02 be receiVed; THAT the request for the removal of the "Holding (H)" symbol with respect to Land Division application LD 250/2001 be approved; and THAT all interested parties listed in Report PSD-019-02, the Region of Durham Planning Department and any delegation be advised of Council's decision. "CARRIED- 307 a.p. & A. Minutes - 8- March 25, 2002 PLANNING SERVICES DEPARTMENT CONT'D. Monitoring the Decisions of the Committee of Adj. Meeting of March 7, 2002 Application for Removal of Part Lot Control Applicant: D.G. Biddle & Associates ZBA 2002-011 Confidential Report - Property Matter rtIII/IJ Resolution #GPA-138-02 Moved by Councillor Rowe, seconded by Councillor Pingle ... THAT Report PSD-020-o2 be received; and .. THAT Council concur with the decisions of the Committee of Adjustment made on March 7, 2002 for applications A2002/022, AA2002l009 to A2002l012 inclusive and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. .. "CARRIED" .. Report PSD-021-02 was considered earlier in the meeting. See Resolution #GPA-134-02. .... Resolution #GPA-139-02 Moved by Councillor Robinson, seconded by Councillor MacArthur ... THAT Report PSD-022-02 be received; THAT the request for removal of Part Lot Control with respect to Lots 1 - 3 inclusive, on 10M-836 be approved and that the Part Lot Control By-law attached to Report PSD-022-02 be passed; and THAT all interested parties listed in Report PSD-022-02, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. .. ... .. "CARRIED" Resolution #GP A-140-02 .... Moved by Mayor Mutton, seconded by Councillor Pingle THAT the recommendations contained in Confidential Report PSD-023-02 pertaining to a property matter be approved. IIlIlIi "CARRIED" - Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Parking By-law Exemptions IIlIlIi Resolution #GPA-141-02 Moved by Councillor Robinson, seconded by Councillor Trim ... THAT Report EGD-14-o2 be received; .. THAT the existing policy that parking not be permitted in the turning basin or center of any cul-de-sac remain unchanged and that the residents of Summerlea Court not be provided with any special exemptions from existing by-laws at any time of the year including: III 31J8 .... ... .. G.P. cl A. Minutes -9- March 25, 2002 - ENGINEERING SERVICES DEPARTMENT CONT'D. - - - Intersection of Concession Road 6 - - - - - - - - · Parked within 1 metre of a driveway · Parked on a roadway between 3:00 a.m. - 5:00 a.m. · Parked with right wheels more than 15 em from curb and · Parked longer than 3 hours; and THAT Asa Pixley be advised of Council's decision. "CARRIED" Resolution #GPA-142-02 Moved by Council/or Schell, seconded by Councillor Rowe THAT Report EGD-15-02 be received; THAT the intersection of Townline Road North and Concession Road 6 be changed from a three-way stop to an all-way stop with the instaHation of a stop sign on Darlington Concession Road 6 to control westbound traffic; THAT additional pavement markings including stop bars be added at this intersection to augment the new right of way controls; THAT the City of Oshawa be requested to provide the platic stop bar pavement markings on the three paved legs of the intersection and cost share the improvements; THAT the proposed by-law attached to Report EGD-15-02 be approved; and THAT a copy of Report EGD-15-02 be forwarded to the City of Oshawa and Durham Regional Police. .CARRIED" Road Salts OPERATIONS DEPARTMENT Councillor Trim chaired this portion of the meeting. - - - - - - Resolution #GPA-143-02 Moved by Council/or Robinson, seconded by Councillor Rowe THAT Report OPD-003-02 be received; and THAT a copy of Report OPD-003-02 be forwarded to Environment Canada. .CARRIED" 309 \..J..t". (y; A. MInutes - 10- March 25, 2002 OPERATIONS DEPARTMENT CONT'D. .. Hampton Valleylands Resolution #GPA-144-02 Moved by Councillor MacArthur, seconded by Councillor Schell .. THAT Report OPD-004-D2 be received; .. THAT the Concept Plan prepared by Cosbum Giberson (Attachment No.1) to Report OPD-004-02 for the Hampton Conservation Area be endorsed; ... THAT the proposed by-law (Attachment No.2) to Report OPD-D04-02, to authorize the Mayor and Clerk to execute the long term maintenance agreement with CLOCA for the use of the Hampton Valley Lands be approved; and ... THAT CLOCA and Hampton Citizens Association be advised of Council's direction, FORTHWITH. .. "CARRIED" Who Does What Stage Two Review ... Resolution #GPA-145-02 Moved by Councillor Schell, seconded by Mayor Mutton .. THAT Report OPD-005-02 be received for information; THAT the 'Who Does Whar Stage Two Report be endorsed subject to the comments contained in Report OPD-005-02; .. THAT the "Public Works Department Officials" continue to be the forum for the implementation strategy phase and ongoing review of operational effiCiencies; .. THAT the "Public Works Department Officials" identify a critical path to implement efficiencies at the Regional and Municipal level; .. THAT staff be authorized to enter into negotiations with the Region for use of the Region of Durham Orono Work Depot and report back to Council; and IIlIlIi THAT a copy of Report OPD-005-02 and Council's direction be forwarded to the Region of Durham, FORTHWITH. .. "CARRIED" .. Councillor Robinson chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT .. Monthly Report February Resolution #GPA-146-02 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report ESD-005-02 be received for information. .. ... "CARRIED" 310 .. IIlIlIi - G.P. & A. Minutes - 11 - March 25, 2002 - EMERGENCY SERVICES DEPARTMENT CONT'D. - Ambulance Response Resolution #GPA-147-02 - Moved by Councillor Pingle, seconded by Councillor Rowe THAT Report ESD-006-o2 be received for information. "CARRIED" - Councillor Rowe chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT - Racing Against Drugs Program Resolution #GPA-14S-02 Moved by Councillor Schell, seconded by Councillor Robinson - THAT Report CSD-06-02 be received for information. "CARRIED- - - Skip Crosby, Recreation Program Co-ordinator and Bruce Taylor, Assistant Director of Community Services gave a power point Presentation pertaining to the Cultural Review. Cultural Report Resolution #GPA-149-02 Moved by Councillor MacArthur, seconded by Councillor Schell - THAT Report CSD-07 -02 be received; - THAT the Municipality of Clarington Cultural Review 2002 be endorsed; - THAT the Visual Arts Centre maintain the present organizational structure; - THAT the Bowmanville Museum Board and the Clarke Museum Board merge to form the new Clarington Museum Transitional Board and appoint a Transitional Chair and Officers for the balance of the Boards' respective terms; - THAT Council advertise for appointments to the Clarington Museum Board to assume office at the expiration of the terms of the present Bowmanville Museum Board and the present Clarke Museum Board; THAT the Clarington Museum Transitional Board, in conjunction with the Corporate Services Department, immediately initiate a jOb search to hire a Museums Administrator at an appropriate annual salary and the applicable contract for employment be forwarded to Council for ratification; - - - THAT the Clarington Museum Transitional Board, in conjunction with the Corporate Services Department, initiate a jOb search to hire a Museums Curator at an appropriate annual salary and the applicable contract for employment be forwarded to Council for ratification; THAT the main floor of the present aowmanville Library building be dedicated to the Clarington Museum Board for use as archival, display, program, meeting and office space, upon its availability; 3 1 1 - - V.l'. & A. MInutes - 12 - March 2S, 2002 COMMUNITY SERVICES DEPARTMENT CONT'D. Hospice Durham Request for Financial Support CLERK'S DEPARTMENT Parking Report For February,2002 Animal Services Monthly Report Month of February, 2002 - THAT the appropriate By-laws be forwarded to Council for approval; and THAT the Bowmanville Museum Board, the Clarke Museum Board and the Visual Arts Centre of Clarington be thanked for their support and involvement in the Cultural Review 2002 and advised of action taken. IIlIlIi ... "CARRIED" Resolution #GPA-150-02 ... Moved by Councillor Schell, seconded by Mayor Mutton THAT Report CSD-08-02 be received; and - THAT a Grant in the amount of $750.00 be approved for Hospice Durham. - "CARRIED" Councillor Pingle chaired this portion of the meeting. III Resolution #GPA-151-02 .. Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CLD-11-02 be received; and ... THAT a copy of Report CLD-11-02 be forwarded to the Bowmanville Business Centre for their infonnation. ... "CARRIED" Resolution #GPA-152-D2 ... Moved by Councillor Trim, seconded by Councillor Robinson ... THAT Report CLD-12-02 be received for information; and THAT a copy of Report CLD-12-02 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. - "CARRIED" - Mayor Mutton chaired this portion of the meeting. - - ... 312 .. ... 'WI G.P. & A. Minutes - 13 - March 25,2002 - CORPORATE SERVICES DEPARTMENT - The Supply and Delivery of Culvert Resolution #GPA-153-02 Moved by Councillor RobinSon, seconded by Councillor Schell - THAT Report COO-Q16-02 be received; - THAT Armtec Limited, Peterborough, Ontario, with a total bid amount of $40,433.16 including G.S.T. and P.S.T., for the Municipality of Clarington requirements, being the lowest responsible bidder meeting all tenns, conditions and specifications of the Co-operative Quotation T19-01, be awarded the contract to Supply and Delivery of Culvert on an "as required- basis, to the Municipality of Clarington; - THAT the total funds expended be provided from the approved 2002/2003 Culvert Maintenance Construction budget; and - THAT at the end of the first year pending satisfactory service and pricing by the low bidder and pending agreement of the Durham Co-operative participants, that the contract be extended for a second and third year. - "CARRIED- - RFP2oo2-2 Resolution #GPA-154-Q2 Port Granby Long Term Low-Level Moved by Councillor Trim, seconded by Councillor Rowe Radioactive Waste Management Report THAT Report COD-Q17-Q2 be received; - - THAT Hardy Stevenson & Associates Limited, Toronto, Ontario, being the most responsible bidder meeting all terms, conditions and specifications of RFP 2002-2 be awarded the contract for the Consulting Services, Port Granby Long Term Low-Level Radioactive Waste Management Project; - - THAT the total funds required be expensed to Account #74004-QOOO3-Q247;and THAT the By-law attached to Report COD-017 -02 marked Schedule "B" authorizing the Mayor and Clerk to execute the agreement be approved. - "CARRIED- FINANCE DEPARTMENT - Clarington Curbside Garbage Collection Resolution #GPA-155-02 Moved by Councillor Schell, seconded by Councillor Trim - THAT Report FND-Q06-02 be received; - THAT Council recommend to the Region that the Region of Durham enter into a six-year agreement commencing September 1, 2002 with Canadian Waste Systems for the curbside collection of non-hazardous garbage, organics and recyclable wastes in the Municipality of Clarington, as part of the Region of Durham Request for Proposal RFP 434-2001 and the optional services as identified in the Region Report 2002-J-10; and - - 313 G.P. & A. Minutes - 14 - March 25, 2002 FINANCE DEPARTMENT CONT'D. .. THAT the flat rate method of charging taxpayers for garbage services be implemented for the full cost of garbage service (including collection, recycling, haulage, disposal, etc.) to be phased out over a fIVe year period and replaced with a tax rate system to be applied against all property classes consistent with the other area municipalities within the Region of Durham. ... - "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) ... Resolution #GPA-156-Q2 .. Moved by Councillor Pingle, seconded by Councillor Schell THAT the foregoing Resolution #GPA-155-02 be amended by adding the following wording thereto: IIlIlIi "THAT the Region undertake a comprehensive education program across the municipality including commercial, industrial and institutional, to promote reduce, reuse and recycle initiatives and if the Region cannot successfully undertake this, that opportunities for the area municipalities be explored with all related costs being covered by the Region; and .. .. THAT the Region of Durham report annually to Council on the initiatives of the Waste Management Program outlining customer satisfaction, waste diversion initiatives, area municipality update and the level of service." .. - "CARRIED" The foregoing Resolution #GPA-155-02 was then put to a vote and CARRIED AS AMENDED. ... CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no items considered under this section of the agenda. - UNFINISHED BUSINESS - Rezoning Appl. Resolution #GPA-157-02 Applicant: Mr. Marko Tomina Moved by Councillor Schell, seconded by Councillor Robinson ... THAT Addendum to Report PSD-051-01 and Report PSD-051-02 be received; ... THAT the amending By-law attached to the Addendum Report PSD-051-Q1 be forwarded to Council for approval; THAT the application, as amended, submitted by Mr. Marko Tomina to amend Comprehensive Zoning By-law 84-63 to permit the continuation of the existing temporary driving range for an additional three (3) year period be approved; .. .. 314 .. ... ... G.P. & A. Minutes . 15 - March 25, 2002 - UNFINISHED BUSINESS CONT'D. - - - - OTHER BUSINESS - Presentation of Trevor Bingler - - - Delegation of Jessica Markland - - ADJOURNMENT - - - - - - - THAT, given that the application has been amended to request only temporary zoning rather than permanent zoning, the changes to the application be deemed minor in nature and as such a new Public Meeting pursuant to the requirements of the Ontario Planning Act is not deemed necessary; THAT a copy of Addendum to Report PSD-051-02, and the amending By-law be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Addendum to Report PSD-051-Q1 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-158-02 Moved by Councillor Trim, seconded by Councillor Schell THAT the Presentation of Trevor Bingler, Senior Associate, Ministry of Municipal Affairs, Central Region, be received with thanks and that he be advised that the municipality will take advantage of his offer to make future presentations. "CARRIED" Resolution #GPA-159-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT the delegation of Jessica Markland pertaining to Electricity Deregulation be received for information. "CARRIED" Resolution #GPA-160-02 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting adjoum at 2:40 p.m. "CARRIED" MAYOR DEPUTY CLERK 315 -- .. ... .. IIlIlIi .. .. .. .. .. .. - .. .. .. .. ... .. ... - PUBLIC KElrrlllG REPair # PSD - 024-02 snvu VAllBAVEIlBED - - a. 0 MP CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING - I Development Application by TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. - - DATE: TIME: PLACE: MONDAY, APRIL a, 2002 9:30 A.M. Council Chambers, Municipal Administrative Centre, 40 Temperance Sl, Bowmanvllle, Ontario - The proposed zoning by-law amendment submitted by Sylvia Vanhaverbeke, would change the zone category of the northerly or rear portion of 88 Queen Street, Bowmanville from Urban Residential Exception (R1-12) to an appropriate zone category to permit the expansion of the parking area for the plaza at 91 - 93 King Street East. - - The subject property is located in Part lot 12, Concession 1, former Town of Bowmanville. at 88 Queen Street, Bowmanville (as shown on the reverse). The lands in question are also subject to the following applications: Site Plan Amendment (SPA 2002-004), Consent (lD 26512001). - - ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. - - IF A PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of the proposed zoning by-law has not made oral submission at a pUblic meeting or has not made written submission to the Municipality of Clarington before the proposed Zoning By-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. - - ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 40 Temperance Street, Bowmanville, Ontario l1 C 3A6, or by calling Bob Russell at (905) 623-3379. Dated at the Municipality of Clarington this 8th day of March ,2002. - i'k Municipality of Clarington 40 Temperance Street Bowmanville, Ontario l1 C 3A6 - - - 501 to, ~ LOT 77/ C04i4it~ " Z1 ZO C/4{ o~ f 1 C"~ ppl) LOr 7 c04i41 t~C/4{ z 8 LOr -J 2 ~PA~f ~ ~~ , \.,}' BLOCK JOl-ity ~ , J II ~ ",of <0 ....... ....... J...... o -....; -.; ~ '-' ~ ~ Vi ~ PLA,ty -.; ~ ~ J...... o -....; OUcc/!/ s~/"" <'-c /" )~ ~ 1 T T T T T T T T T T T T T T r z o - (/) (/) LIJ o Z o o f ZBA 2002-005 and SPA 2002-G04 Zoning By-law Amendment and Site Plan Amendment Sylvia Vanhaverbeke 502 .. - - PUBLIC ImJITllIG REPORT I PSD - 025-02 CROOlCED CREEK GOLF COURSE LTD. - CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING .. r DeVelopment Application by Crooked Creek Golf Course Ltd. TAKE NOTICE that the Council of the Corporation of the MuniclpeIJty of Clarington will hold a pubic meeting to consider a proposed Official Plan Amendment WIder Section 17 of the Planning Ad, 1990, 81 amended. - - ~ay,ApriI8,2002 9:30 A.M. COUncil Chambers, Munlcipal Adminl8fl'8tive Centre, 40 Temperance St., Bowrnanvlfle. Ontario The proposed official plan amendment is to redesignate the subject lands to allow the establishment of a 9 hole golf course. dub house and necessary maintenance buildings on the subject lands. DATE: TIME: PLACE: - - The lands subject to the application are located in Pan Lots 3, Concession 4, former Township of Dar1ington, as shown on the 1'8V8rIe. The lands in question are also subject to the following applic:ationla: Dumam Region Official Plan Amendment (ROPA ~), Site Plan Approval ([)ey 94-(61), Rezoning (DEV 94- 061) - ANY PERSON may attend the public meeting and/or make written or verbal representation either In support of or in oPPOSition to the proposal. Please note that the time listed above reflects the time It which the General Purpose and Administration Committee Meeting commences, not necessarily when this 118m will be considered. - - IF YOU wish to make a written submission in respect of the Official Plan Amendment Application, it should be made to Mr. DaVId Crome. M.C.I.P.. R.P.P., Director of Planning Services at the address given below. IF YOU wish to be notified of the adoption of the Pf'OP088d 0fIida1 Plan Amendment you must make . written request to the Clerk's 0epar1mem at the address given below. An 0tIIc:laI Plan Amendment adoptect by the Munlc:ipality of CIarington is fofwarded to the Region 01 Durham for approval. Approyat of the amendment wiN come Into force and effect when the refated amendment to the Dumam Region Official Plan has been approved. IF A PERSON OR PUBLIC BODY that files an appeal has not made an oral submission at a publIo meeting or has not made a written submission to the Municipality of Clarington before the P/'OPOMd Official Plan Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeeI. THE PROPOSED Official Plan Amendment text and backgrowld materials relating to the proposal.. available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, Mw1ic:lpeI Administrative Centre, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by caHing Heather Brooks at (905) 62~3379. Datect at the Municipality of Clarington this 14 day of 2002. Planning File: COPA 98-001 Clerks File: D09. COPA. 98.001 XREF DEV94-061 XREF ROPA95-006 Patti L. Barrie, A.M.C.T. Clerk Municipality of Clarington - - - - - - - - 503 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I LOT 4 LOT 3 LOT 2 LOT 1 It) ~. 00 NT JSli' .9~ n . ~i 00 . ~1 (j I 1 ..1 z1 0.,1 ~1 L&.J ~1 () .................................. llltl11 . ................ ............. .....f .................................... I ................................... .................................... ................................... .......................................................................~ .................................... I 'Jt ........:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. ~ .......................... Iv. .......................l .................... I S ................. ~ll ........:-:.~:::~:::~:::. I RO~ LaJ ~ I I I I I I I I I I ROAD 4 I u I z ~ (!) z :J ~ 1 1 1 1 i DEV.94-o81" ROPA 95-006 and COPA 98-001 T ~ Subject Site T b~~:~~:~:~:~:~:~:~:~~~:~:1 Other Lands Owned By Applicant T Crooked Creek Golf Club Ltd. 504 ... .. - a- NJIlgtOO PUBLIC ImIn'llIG UPO&r , - 026-02 SYLVAII ESTATES DlC. ARD CORPORATION OF THE BDlluur DEVELOPMDT IIfC. MUNICIPAlITY OF CLARINGTON NOTICE OF PUBLIC MEETING .... - - I Development Application by TAKE NOTICE that the Council of the Corporation of the Municipality of CIarington will hold a public meeting to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, 88 amended, and a proposed Plan of SubdiYision'Ullder Section 51 of the PIA~; 1990, as amended. - - DATe:" n..... PLACE: . MondaytApriI8, 2002~~ 9:30 ..m. Council Chambers, MunlcipMAdmlnlstrative Centre, 40 Temperance St, Bowmanvil_Ontario - The proposed zoning by-Jaw amendment-and proposed draft plan of subdivision submitted .by Sytvan Estates Inc. and 8emett Devetopments Inc. WOUId.ch8nge the zor:Mt category of a 45.4 ha Agricultural (A) and Environmental Protection (EP) zoned parcel to an appropriate zone to permit the development of a 699 unit proposed plan of subdivision. The 699 unit pfan of subdivision consists of 153 single detached dwellings, 110 semi-detachedllink lots (220 units), 78 on-street townhousea;.38 block townhouses, 210 apartment units, park bfocks; a school block and open spece.bIocks. - - - The subject property is located in Part Lots 5, 6, 7 and 8, Broken Front Concession, fonner Township of Darlington. - ANY PERSON may attend the public meeting and/or make written' or verbal representation either in support of or in opposition to the proposal. The start tine listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of CIari1gton Council in respect.of the proposed zoning by-law has not made oral aubmileion at a public meeting or has not made written submission to the Municipality of ..Clarington before the proposed Zoning By-law is adopted or the proposed plan of subdivision is draft approved, the Ontario Municipal Board may dismiss all or part of the appeal ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the Plaming Services Department, 40 Temperance Street, Bowmanville, Ontario l1 C 3A6, or by calling Carlo Pellarin at (905) 623-3379. - - - - day of March ,2002. - 2002-002 and ZBA 2002-002 . 2 .002 & D14.ZBA.2002.002 ; - 40 Temperance Street Bowmanvllle, Ontario L1C 3A6 - - 505 ~~ l1i~N38 -1 I I .() ~ oS d .I o ...., ~~ 506 ... ... N ~ -c: N.iO 8'" 8, lit! d- ~- F!i .5 1: ~JI.I ,,- .... ~ 'Or ... - N c:C: c: ~ lD Iw i ell: tt! .. ~ l!" c: q alii .I.. U) .. ... ." ... ... - - Cl&ilJgton REPORT PLANNING SERVICES - - PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, April 8. 2002 - Report #: PSD-024-02 File #: ZBA 2002-005 (x-ref: SPA 2002-004 and (x-ref: LD 265/2001) By-law #: - Subject: REZONING APPLICATION APPLICANT: SYLVIA VANHAVERBEKE RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-024-02 be received; 2. - THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted on behalf of Sylvia Vanhaverbeke be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. - - Submitted by: Reviewed b,.J (,t'4~1-. - Franklin Wu Chief Administrative Officer - - D vi . Crome, MCIP,R.P.P. Director, Planning Services - BRJDJC/df 28 March, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREf.T, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 601 - RtiPORT NO.: PsD-.;24, PAGE 2 1.0 1.1 APPLICATION DETAILS .. Owner: Sylvia Vanhaverbeke .. 1 .2 Agent: Theresa Vanhaverbeke .. 1.3 Zoning: From Urban Residential Exception (R1-12) Zone to an appropriate zone to permit the expansion of the parking area for the plaza at 91-93 King Street East. .. 1.4 Area: ... 276.8 sq.m. (2,979.55 sq.ft.) 2.0 BACKGROUND 2.1 On November 6, 2001, the Planning Services Department received from the .. Regional Planning Department an application to sever the subject site from the remainder of the 88 Queen Street residential property in order to meld it with the .. commercial property to the west. - - 2.2 On February 4, 2002, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit the expansion of the parking area for the plaza at 91-93 King Street East. A related Site Plan Amendment was also submitted. IIIlIi ... 2.2 The area subject to the proposal is located in the northerly or rear portion of 88 Queen Street, Bowmanville. The more formal location description is Part lot 12, Concession 1, former Town of Bowmanville. .. - 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is currently vacant with the exception of a few trees .and its elevation is lower than that of the parking lot to the west although it is to be melded into this parking lot. .. .. III ... 602 .. .. - REPORT NO.: PsD-Q24-Q2 PAGE 3 - - 3.2 The surrounding land uses are as follows: North - parking area for King Street Commercial property South - detached garage and single detached dwelling (88 Queen Street) on the retained parcel of the subject property. - East - parking area for Institutional property (Royal Canadian Legion Branch 178 Building) - West - parking area for King Street Commercial property to which the subject site is to be melded - - 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and public notice signs were installed on the King Street frontage of the commercial property to the west, 91-93 King Street East, and on the Queen Street frontage of 88 Queen Street. - - 4.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries. - 5.0 OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area abutting the Bowmanville East Main Central Area. Since the precise boundary of any Main Central Area is an area (local) municipality responsibility, the application conforms. - - - - 5.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential abutting the Bowmanville East Main Central Area. The Bowmanville East Main Central Area Secondary Plan shows the abutting portion of this central area to be Street-related Commercial Area. The boundary between this commercial area and the Urban Residential designation is such that it follows property limits thereby permitting the subject or severed parcel to be considered Street-related Commercial Area within the Bowmanville East Main Central Area - - 603 - REPORT NO.: PSO.()24.()2 PAGE 4 once the parcel is melded with the commercial property to the west. In this way, the application conforms. 6.0 ZONING BY -LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, all of the subject property (88 Queen Street) is zoned "Urban Residential Exception (R1-12)". The proposal does not conform, hence, this rezoning application. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Comments received to date are as follows. 7.2 The Clarington Engineering Services Department noted the applicant must do the following: · submit a site plan that illustrates the entire commercial site where the proposed parking expansion will occur; · prior to site plan approval, submit a grading and drainage plan that demonstrates the conveyance of storm water that is ponding on the subject or severed parcel even if that implies written consent from an abutting private property owner; · enter into a site plan agreement with the Municipality; and · subject to the results and findings of all required studies, reports and supplementary information, additional comments may be applicable. 7.3 Veridian Connections noted it had a five (5) foot (1.5 metre) easement at the rear of 88 Queen Street for access to Veridian Connections plant on the site. Clear access to the poles needs to be maintained. Mechanical protection for the poles is required in the form of 4" concrete-filled steel bollards. 604 .. - IIIIiI - ... ... .. .. .. .. .. .. .. ... .. .. IIIIiI - - - REPORT NO.: PsD-D24-D2 PAGE 5 - - 7.4 Central Lake Ontario Conservation offered no objection to the rezoning but noted the absence of site grading, drainage and sedimentation control information. All flows from the site cannot further impact adjacent private lands. Sedimentation must be prevented from moving off-site and information is required on this matter prior to the issuance of Authority permits allowing filling and/or grading on site. - - - 7.5 The Clarington Emergency and Fire Services Department and the Regional Planning and Works Departments had no concerns. - 8.0 STAFF COMMENTS The extension of the parking lot requires more detailed information that proves - that regrading and drainage can be adequately handled without negatively affecting surrounding properties. As the purpose of this report is to give the - status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. - - - Attachments Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Site Plan - List of interested parties to be advised of Council's decision: - Theresa Vanhaverbeke Syvan Developments Limited 20 Robert Street West, Unit A Newcastle, ON L 1 B 1 C6 - - - - 605 - 1...0r ~LOT 77'7 2120 10~ ;!'41 pPLIC co~~ fRc/~( ~/PAPI '\f- ~;:- BLOCK JOH tv f........ o '-./ --.J ~ '" S -9 (:J Q:' OU.c-.c-/J/ S~r <..-.c-7 )~ ATTACHMENT 1 1...0r r I z r 21...0r -J 2 r ' u' r .. 7 co~~ fRc/~( -1 ~ -' u r r r r r r r r ZBA 2002-005 and SPA 2002-004 r Zoning By-law Amendment and Site Plan Amendment r r Co ....... ....... z o - (J) (J) w () z o () PI... A. tv --.J .:! o Q:' f........ o '-./ , r Sylvia Vanhaverbeke 606 .. - - - - - - - - - - - - - - - - - - - I , I II I I I I I I I II , I L- . I THE' -<:INGS hGHWAY "", I'\JO 2 , KING STREc - " !~ 91 "'::'-""\.J~""'....r :;a.,_~ ~ <IS"';G ;_,......:It.G -- , a.......a d. -04:10 _--c:-.... ~ .,.'!:-' ":"';;"~';' lIo'? .-.'" ;..:......--, :::..-<....c;.~_ __ , I ~~ j/" I , '- ----;!{(.. "'e I( ~,~ ! [l<tClOSIO---+- ~ --.!-. ..........,~;..-.." C-:;2.......'_ ~~......~ P-I'~' ~ "''' -- ~I-....c. .....~ "'1:'''CJ_u Site Plan li-~'..o-::::,; "i i :::~iSi,NG 5:JllDING I I i U ~p~ .;4,..- , i:-k 100"'11'.-:,0 C-..........lG, ---D ")0 ~..'~I~ ........00-::;> ""-Nc:.l-<:' 601 I 0' I ~ ATTACHMENT 2 cAST: ;--- .~ ;W...,~.... ~.............. ....... !jl. '_".,.'- ; -~:::::.:. i i. t 1 \\ bLOT ;:; 'I "0 <- LOT , 17} I_y-r- 4- '0 lD PLAN "RE" _ n4.~ sq.m. Rt:TAlNt:l! 8Y' .4ffl ~ <; >- o a: ~..., ..,. ...... ,.1Il a a f- a .....J 10.12 OUEEN 5 TREE T - .. .. ... .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. - - - - Q!1!ilJglon REPORT PLANNING SERVICES PUBLIC MEETING - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday April 8, 2002 Report #: PSD-025-02 File #: COPA 98-001, DEV 94-061 and ROPA 95-006 By-law #: Subject: - - CROOKED CREEK GOLF COURSE OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - - - - - 4. - - - - 1. THAT Report PSD-025-02 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends the approval of the Regional Official Plan Amendment application (ROPA 95-006), as submitted and revised by Tunney Planning on behalf of Crooked Creek Golf Course Inc. to permit the development of a 9 hole golf course, club house and maintenance buildings; 3. THAT Amendment No. 26 to the Clarington Official Plan detailed in Attachment 7 to this Report to permit the development of a 9 hole golf course be ADOPTED and the necessary By-law be passed and that Amendment No. 26 come into force and effect the date the Minister of Municipal Affairs and Housing approves the necessary amendment to the Durham Region Official Plan amendment in support of ROPA 95- 006; THAT the application for rezoning (DEV 94-061) be referred back to staff until such time as the following conditions have been satisfied: 608 REPORT NO.: PsD-025-02 PAGE 2 ... a) The general form and content of the Site Plan development agreement is agreed to and includes; ... >> The conditions to implement the turf management report; >> The conditions to implement the hydrogeological report; IIlIlIi ~ The conditions to implement the EIS report as consolidated by Niblett and Associates; ., b) The applicant/owner agrees to conduct at least a 3 year post construction monitoring program; and - c) Arrangements are made for the transfer of the provincially significant ANSI lands to CLOC as part of the Stephen's Gulch Conservation Area. ... 6. THAT Durham Region and Durham Region Planning Department be sent a copy of this report and all attachments. .. 7. THAT Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. .. .. ... Submitted by: Da~ . rome, MCIP, R.P.P. Director of Planning Services Reviewed by: ,] ~- ev~ Franklin Wu, Chief Administrative Officer - - HB*BN*DJC*df April 2, 2002 IIlIlIi ... ... IIlIIII CORPORATION OF THE MUNICIPALITY OF CLARINGTON IlIii 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 609 ... IIlIlIi - REPORT NO.: PsD-025-D2 PAGE 3 - - 1.0 APPLICATION DETAILS 1.1 Applicant: Crooked Creek Golf Course Inc. - 1.2 Agent: Tunney Planning - 1.3 Official Plan Amendment: To redesignate a 41.9 ha parcel of land located Part of Lot 3, Concession 4, former Township of Darlington to permit a 9 hole golf course, club house and maintenance buildings (COPA 98-001). - - - An amendment to the Durham Region Official Plan has also been received to redesignate the lands to permit this development (ROPA 95-006). - 1.4 Rezoning: To rezone a 41.9 ha parcel of land to an appropriate zone permitting a 9 hole golf course, club house and maintenance buildings. - .. 1.5 Site Area: The lands subject to the official plan amendment and rezoning application cover a total of 41.9 hectares (103.5 ac) (Attachment 2). - 2.0 LOCATION The site is located in Part of Lot 3, Concession 4, former Township of Darlington (Attachment 2). The property's northern limits abut Taunton Road. - - 3.0 EXISTING AND SURROUNDING USES .. 3.1 Site Characteristics - The lands are 41 ha in size, with almost half of the lands being environmentally sensitive. Three watercourses traverse the site as follows: - - 610 - REPORT NO.: PSO..Q25..Q2 PAGE 4 ... i) a deeply incised valley containing the Soper Creek crosses the northwest corner .. of the property; ... ii) the middle of the site is bisected by a tributary flowing into a man-made irrigation .- pond that drains into the Soper Creek; and iii) a wide valley area containing Crooked Creek consumes the south west portion of the site. .. ..... The south end and the northwest edge of the site have been identified as a provincially .. significant Life Science ANSI (Attachment 3). Past study of this area commonly referred to as Soper Creek/Stephen's Gulch has found uncommon wildlife species and ... substantiates that this area provides a wide range of habitat opportunities for species such as mink, white tailed deer, broad-winged hawk and ruffed grouse. In addition to ... the wildlife features and functions of this area, seepage springs occur throughout the valley slopes, providing contributions to the cold-water fisheries of the Soper Creek. ... Uncommon herbaceous species such as orchids have also been noted within these valley lands. ., The Soper Creek and the Crooked Creek tributary have been identified by the Ministry .. of Natural Resources as a provincially significant Life Science ANSI, recognizing the wildlife significance of this area on a provincial scale. The lands south of the Crooked _ Creek valley lands, and generally located on the lands south of the site, have been identified as a provincially significant Earth Science ANSI, recognizing the relatively ..... undisturbed nature of the ancestral Lake Iroquois Beach formation at this location. The tableland portion of the lands have been actively farmed with the exception of the last year where the lands have been left to fallow. Along the Soper Creek Valley edge, .. the fields have been planted and harvested up to the edge of the top of bank. As a result of this agricultural activity, and the lack of an appropriate setback to the top of III .. 6 1 1 ... .. - REPORT NO.: PsD-D25-D2 PAGE 5 - - bank, excessive erosion of the valley back into the field and slumping of the valley slopes have occurred. - 3.2 Surrounding Uses - North - The lands to the north of the site are crossed by the forested Soper Creek Valley, and are used in part for agricultural purposes. An existing residence is located on the north side of Taunton Road across from these lands. - ... - West - The Soper Creek Valley runs through the lands to the west. These forested lands are owned by CLOC and are referred to as Stephen's Gulch Conservation Area. ... East - To the east, the lands have been farmed. - ... South - South of the subject site is the provincially significant Stephen's Gulch Earth Science and Life Science ANSI. - 4.0 PLANNING LEGISLATION The applications for this project were submitted under two different versions of the Planning Act resulting in differing processing requirements. The Regional Official Plan amendment application and the rezoning application were submitted under the Planning Act, RSO 1990. The application to amend the Clarington Official Plan was submitted after the revisions of Bill 20. The processing differences include notice period, timing of the public meeting, the approval authority, the process for notice of Council's decision and the means of appealing a decision. - - .. - 5.0 BACKGROUND - 5.1 The original application for rezoning and site plan approval (received on November 29, 1994) proposed an 18 hole golf course on 54 ha of land. In response to the inability to - 612 - 5.3 6.0 6.1 REPORT NO.: PSO-Q25-Q2 PAGE 6 - effectively mitigate the impacts of an 18 hole golf course, the application for .. development was substantially downsized to a 9 hole golf course on 41 ha of land and IIlIlIi submitted in November 1999 (Attachment 1). The revised application buffers the development proposal from the most ecologically sensitive areas of the site. - 5.2 In support of this application the following technical studies were submitted: ... · Environmental Impact Study, prepared by Bird and Hale and submitted in June, 1996. · Turf Management Report, prepared by Kortekaas Lally Holmes Golf Course _ Consultants and submitted in January 1997. · Hydrogeological Assessment Report, prepared by Geo-Logic Inc. and submitted in December 1997. These reports are briefly summarized in Section 8.0 of this report. ... ., On January 22nd, 1999, an application to close and convey part of the road allowance between Lots 2 and 3 from Concession 4 to 5 was submitted to Clarington Engineering ... Services. The need for this application reflects initial comments from the Region of Durham identifying concerns with the location of the entrance. Due to the speed limit .- and the hill on Taunton Road, the Regional Works Department identified the only safe location for an entrance would be at the unopened municipal road allowance. The ..- application to close and convey the road allowance was submitted by Crooked Creek Golf Course and Mr. and Mrs. Tax. -- ... Engineering Services determined that the subject road allowance will not be needed as part of the Municipality's future transportation system, and the road allowance was .- considered surplus. On July 19, 1999, By-law 99-120 was passed authorizing the stop- up and closure of the road allowance and conveyance to the adjacent property owners. ... OFFICIAL PLAN .... The Durham Region Official Plan designates the lands "Major Open Spacen with an indication of "Environmentally Sensitive Area". The predominant use of lands within this designation shall be conservation, recreation, reforestation and agricultural uses. ... 613 - ... - REPORT NO.: psD-Q25-Q2 .. PAGE 7 - Section 14.3.2 of the Region's Official Plan requires an amendment to the Official Plan for the approval of a golf course. Section 12.3.4 of the Region's Official Plan identifies 6 criteria that must be satisfied in order to consider a golf course application. Also required is an Environmental Impact Study (EIS) that shall identify the natural features and functions, the sensitivity of the features and functions, and recommend mitigation methods that will protect the surrounding environment from the development. - - - 6.2 The Clarington Official Plan designates the lands "Green Space" and "Environmental Protection Area". Golf courses may be permitted on lands designated "Green Space" by amendment to the Official Plan. Section 13.3.4 identifies criteria that must be satisfied by a golf course application and are similar to the criteria contained within the Durham Region Official Plan. - - .. 7.0 ZONING BY-LAW The MUnicipality of Clarington Zoning By-law 84-63 as amended zones, the subject lands "Agricultural (A)" and "Environmental Protection (EP)". Lands zoned "Agricultural" do not permit a golf course, however within the Environmental Protection zone, a golf cou rse is permitted. - - .. - 8.0 TECHNICAL STUDIES In accordance with the requirements of the Region of Durham Official Plan and the Clarington Official Plan, and to document and ensure that this application will not impact the sensitive natural features on and adjacent to the site, a number of technical studies were prepared, reviewed and accepted. An Environmental Impact Study (EIS), a Hydrogeological study and a Turf Management Report have been prepared in support of the application. An executive summary of each study is attached to this report. - - - 8.1 Environmental Impact Study Due to the ecological sensitivity of this site, the environmental impact study (EIS) has been a critical component in the review of this application. The first EIS was prepared - - 614 1- ... REPORT NO.: PsD-D25-D2 PAGE 8 .. by Bird and Hale Limited and was submitted in June 1996. This original EIS determined .., that the impacts of the proposed 18 hole golf course could not be sufficiently mitigated to protect the natural features or functions of the provincially significant ANSI's. After a ... number of iterations to the proposed plan and subsequent impact assessments, it was apparent that the highly sensitive areas of the site had to be totally avoided and ... buffered from impact. In response, the 18 hole golf course on 54 ha of land was pared down to 9 holes on 41 ha. The revised plan no longer proposes fairways, tees or .- greens to be located within the most sensitive lands, including the provincially significant Life Science and Earth Science ANSI. An addendum to the EIS was prepared in Y1I{/IJ response to the 9 hole golf course. In January 1999, Durham Region commissioned Niblett Environmental Associates (NEA) to conduct a peer review of the environmental impact studies that had been ... submitted in support of the application. NEA requested that a consolidation of all EIS recommendations applicable to the 9 hole golf course be prepared. This consolidation .- was not prepared and in order to move things along, the Region asked NEA to prepare a list of conditions that would permit this application to proceed through the planning "'" process. A summary of this report is contained in Attachment 4 to this report. .. NEA has proposed a 3 step process: · identification and analysis of potential impacts of the development, mitigation "'" measures, and net effects; · post construction monitoring and reporting requirements; and .... · monitoring of mitigation measures and remedial actions. .. .. The first step consolidates all recommendations made by the EIS consultant, modified where appropriate to reflect the changes in the number of holes and the layout of the .. golf course. This exercise describes the potential impacts of development of each hole on the natural features and functions, how best to mitigate or avoid the impacts, and an .. "., 615 ... - REPORT NO.: PsD-025-D2 PAGE 9 .... -' analysis of the net effects of development of each hole and implementation of mitigation measures (Attachment 4A). - The second step provides a schedule of monitoring and reporting to be conducted after the golf course has been developed. It recommends monitoring the following components; surface water quality, groundwater quality and quantity, erosion, amphibians, survival of plantings and control of invasive species. For each component a description is provided identifying how and where monitoring should occur, who should conduct the monitoring, how often should the component be monitored and frequency of reporting the data (Attachment 4B). - - """ - Using these same components, the third step recommends monitoring of mitigation measures. If the mitigation has not been effective, remedial actions are proposed. - - It is incumbent upon the applicant, the Municipality, the Region and CLOC that the recommendations of this EIS are satisfied. .. - 8.2 Hydrogeological Report This report was prepared by Geo-Logic Inc in December 1997 and describes the existing hydrogeologic conditions and determines the suitability of the development of an 18 hole golf course on 54 ha of land. Possible impacts this development may have on the shallow groundwater regime and down-gradient functions have been identified. A summary of this report has been provided in Attachment 5. - ... ... The conclusions of this report state that irrigation shall be provided by an on-site well and that use of this well will have no impact on adjacent wells or the level of the existing pond. There exists a deeper confined aquifer that provides little or no contribution to localized baseflow, significantly reducing the potential of contaminants getting into the watercourses. There will be no reduction of baseflow due to irrigational practices. .... - - 616 - ~c...ut( I NO.: PS0-625-62 PAGE 10 This report recommends that additional vegetative buffers be planted around the tributaries and ponds to aid in absorbing excess nutrients and reduce soil erosion. It is .. also recommended that an annual water quality monitoring program be conducted ensuring good water quality is maintained. The collection of water level and... consumption data on a regular basis is also suggested in order to evaluate the performance of the well and the long term impact on the aquifer. .. .. The report was peer reviewed by Gartner Lee. After receipt of additional information, .. the peer review concurred with the report's review of fertilizer impacts and the impacts on groundwater and surface water of this proposaL Gartner Lee was satisfied that the .. deep confined aquifer can sustain irrigation requirements for the proposed 9 hole golf course without causing adverse impacts on the creeks or existing wells. ... 8.3 Turf Management Report .. A Turf Management Report was prepared by Kortekaas Lally Holmes Golf Course Consultants and submitted in January 1997. A revised report was prepared later and is __ dated January, 1998. This report reviewed the site conditions and proposed best management practices for the care of the golf course. A summary of this report is .. contained in Attachment 6. ."" Due to the site's sandy soils, it is recommended that a careful approach to fertilizer and pesticide application be implemented. Contained within this report are- recommendations regarding the planting of vegetation species including grasses, fertilization requirements and application, stormwater management, irrigation and ..,. protection of existing watercourses. In order to eliminate erosion and sediment movement during construction, a detailed erosion control plan shall be developed prior ... to construction. The report also recommends the adoption of an integrated pest management plan in order to reduce the need for chemical control of pests. .. ... 617 .. .. ... - REPORT NO.: PsD-025-o2 PAGE 11 - 9.0 AGENCY COMMENTS - - The original application and the revised application were circulated to agencies for their review and comment. The following summarizes comments made by the agencies. 9.1 Clarington Emergency Services and the Building Division identified a number of requirements. These include: - - · a fire access route to the principal entrance of all buildings. This access route shall have a minimum 12 m centreline and a turning radius having a minimum 6 m width; · provision of turnaround facilities; · require approx 20,000 gallons or more of on-site water supply storage for fire fighting purposes. If on-site ponds are used as a water supply, the Ontario Fire Marshall suggests the design include a 24 inch minimum ice depth. Supply tube connections, location, size and signage is to conform to Clarington Fire Department guidelines. · all buildings that exceed 600 sq. m in building area will require a fire access route and water supply for fire fighting in accordance with the OBC. - - - - The above items will be required to be fulfilled to the satisfaction of the Municipality of Clarington prior to signing of the site plan agreement. .. - 9.2 Clarington Engineering Services require that the applicant prepare a tree study and landscape plan. Fulfillment of these conditions will be required prior to entering into a site plan agreement. In addition, the applicant will be required to provide 2% cash-in- lieu of parkland. Comments also identified that the applicant shall satisfy all requirements of the Municipality of Clarington, financial and otherwise. ... - 9.3 CLOC has reviewed the November 2001 peer review report prepared by NEA and concur with the consultant's conclusions. The Conservation Authority is satisfied that a 9 hole golf course can be developed on the lands and they have no objection to the official plan amendment applications to permit said golf course. CLOC notes that there are a number of requirements that must be fulfilled prior to completion of a site plan agreement including monitoring programs. CLOC will continue to be consulted during the review of the site plan agreement and the fulfillment of the recommendations of the technical studies. .. ... - - 618 - REPORT NO.: PSO.Q25.Q2 PAGE 12 - The applicant and CLOC have discussed the issue of dedication of the valleylands. The - lands possessing provincially significant Life Science ANSI designation will be ultimately dedicated to the Conservation Authority. Dedication of these lands will occur at site .. plan approval stage. - 9.4 The Durham Region Health Department has no objection to the application based on the hydrogeologic report prepared by Geo-Logic. They are satisfied that a private septic _ system can be accommodated on the site. 9.5 9.6 9.7 The Ministry of Citizenship, Culture and Recreation confirm that an archaeological site exists on the lands. A Stage 3 archaeological test was conducted and concluded that further archaeological assessment is not necessary. It is required that if any deeply buried cultural remains are discovered during construction activities, the Ministry must be notified immediately. ~ .." .. The Ministry of Agriculture and Food note that the soils are Class 3 with fertility and moisture holding capacity limitations. It was confirmed that the locationa~ requirements of the agricultural code of practice have been met. This Ministry has no objection to the change in land use to permit a golf course. .. .. .., The Ministry of Natural Resources notes that this site is "part of a very significant green space feature which runs along the Lake Iroquois shoreline, and up and down the Wilmot and Bowmanville Creek watersheds. This natural heritage system contains Core Natural Areas, and regional corridors and linkages, which form a key component of the overall Durham Region Natural Heritage System." The Ministry is satisfied that the land use change to permit a 9 hole golf course will not have an impact on the integrity of the natural heritage system. They note that where the holes cross the pond and tributary, some local impacts may occur, but the function of the regional system will not be impacted upon by these crossings. The Ministry is satisfied with the findings of the EIS and concurs with the recommendations for an environmental construction management ... .. - .". . .. 619 ... .. - REPORT NO.: PsD-D25-D2 PAGE 13 - - plan and monitoring program. This Ministry has no objection to the official plan amendments. - 10.0 PUBLIC COMMENTS A total of three public meetings have been held since this application was received. Some concerns regarding this development have been raised by residents. Originally, the adjacent landowner expressed concern about the amount of water a golf course will use and the impact these water takings would have on their well water and the availability of water for irrigation of their crops. At a subsequent public meeting, the neighbour expressed support of the development proposed. Concern was raised about removing agricultural land from productivity, and a couple of residents questioned the impact this development would have on the significant natural features in the area and were opposed to the development of the golf course on lands described as provincially significant. - .... .. - - - 11.0 STAFF COMMENTS 11 .1 The applicant's original proposal of 18 holes on 54 ha of land has been revised having regard for the sensitivity of the natural heritage features and functions found on this site. The applicant's revised proposal for 9 holes respects the environmental significance of the site and adjacent lands. In the words of the EIS peer review consultant, "with the inclusion of a properly designed 30 metre buffer in what is presently com field and by implementing an erosion control plan, we believe that impacts to adjacent watercourses and wildlife habitat can be reduced compared to existing conditions". - - ... - .. The golf course design will include a 30 metre buffer from the limits of the provincially significant ANSls to the in-play areas and a 15 metre buffer from the limits of the man- made pond and tributary. These buffer areas are restricted areas and golf activities shall not occur within these areas. The Ministry of Natural Resources and CLOC are satisfied that this buffer distance is enough to ensure the integrity of the natural features and functions it is protecting. The applicant must provide additional information as required - - - 620 - REPORT NO.: PSD-02S-o2 PAGE 14 - in the technical reports in order to satisfy the Ministry of Natural Resources, CLOC, the - Region and the Municipality, that implementation and operation of the golf course will ... have no impact on natural features and functions. These additional requirements are documented within the technical studies and in the summary provided in Attachments 4- 6. - ... 11.2 There will be two significant crossings of environmentally sensitive lands. These occur at Holes Nos. 5 and 9. .", Hole No. 5 is proposed within the wooded area and is adjacent to. but separated from the ANSI. The tee will be located on one side of the pond with the green located on the opposite side. Access from the tee to the green will follow the existing farm path which crosses the dam. Development of this Hole will proceed having full regard for the sensitivity of the adjacent lands and the woodland itself. Golfers will be discouraged .. from straying from the path, green or tee. .... .. The tee, fairway and green are located outside of the buffer area for Hole No.9. The flyover connecting the tee to the green will cross the unnamed tributary that flows into .. the man-made pond. The cart path will follow the existing farm path along the old road allowance. Again, no access to the valley lands will be permitted. Some trees will _ require removal to accommodate the flyover. Like Hole No. 5 removal of trees will be very specific and all groundcover and shrubs will remain as will the root mats of the ..", trees. These provisions will reduce erosion or the intrusion of non-native species. Where trees are removed, the recommendation is that additional vegetation be planted _ in areas like the hedgerow along the old road allowance. .. Hole No. 4 crosses a very small treed swale. Only the cart path and the flyover clearance will cross the swale. The remainder of this hole is on the tablelands. The EIS 'fill identifies that there are no species of concern in this small treed swale and that crossing .. .. 621 - .... - REPORT NO.: PsD-025-o2 PAGE 15 - - this swale will not have a negative impact on the natural features and functions of the ANSI lands or the pond area. - 11.3 The applicant has agreed to participate in the Audubon Cooperative Sanctuary System of Canada (Audubon). This is a certification process designed to recognize and support golf courses that have worked to ensure a high degree of environmental quality on the golf course. This program requires the full participation of the golf course owner as it is the owner who must prepare and implement an Environmental Plan that meets the requirements of the Audubon. Golf courses can receive certification in wildlife and habitat management, integrated pest management, water conservation, water quality management and outreach and education. In addition to approval of the Environmental Plan, if the golf course receives certification for these 5 categories, the golf course becomes a fully Certified Audubon Cooperative Sanctuary for Wildlife. - - - - - - 11.4 Given the environmentally sensitive features at this site, the process for monitoring is critical to ensuring that the impact of this development is minimized. In addition to the Audubon certification, the site plan agreement must incorporate mechanisms to ensure that monitoring is undertaken. Municipal and CLOC staff will be requiring that monitoring is undertaken for at least the first three years of the golf courses operation. Subsequently, the Audubon certification will be the primary mechanism for ensuring ongoing environmentally responsible practices on site. - - .... - 11.5 The applicant has satisfied the requirements of the Provincial Policy Statements and that of the Clarington Official Plan and the Durham Region Official Plan. The commenting agencies are satisfied and are confident that the proposed 9 hole golf course will not have an impact on the significant natural features and functions. The commenting agencies do not object to the approval of the Official Plan Amendments for this application. The comments of the public have also been satisfied. The technical studies identify that there will be no impact on adjacent wells and that minimal removal of trees - - - - 622 - REPORT NO.: PsD-025-o2 PAGE 16 .... will occur. Any removal of trees will be compensated by replantings elsewhere on the ... site. 11.6 At this time, the applicant is pursuing approval of the official plan amendment. It is anticipated that the completion of some conditions identified in the technical studies .. including an environmental construction plan and golf course routing plan will be beneficial in establishing the limits of the active (in-play) area of the golf course. This W/fIII information will contribute to the determination of the various zones on the site. As a result, it is recommended that the rezoning application be referred back to staff. .. .. 11.7 The proposed Amendment No. 26 to the Clarington Official Plan (Attachment 7) .. proposes both a site specific text amendment and an amendment to Map A of the Official Plan. The text amendment adds the Crooked Creek Golf Course to Table 18.1 in the _ Official Plan and identifies it as "G2". Map A is amended by adding "G2" to the map on the subject lands. Staff have no objection to this amendment and recommend that it be .... approved. .. 12.0 CONCLUSION It is recommended that Council adopt Amendment No. 26 to the Clarington Official Plan ..- and recommend approval of an appropriate amendment to the Regional Official Plan. It is also recommended that Council at this time defer the zoning by-law amendment _ application, referring if back to staff for additional implementation studies to be completed in accordance with the recommendations of the EIS and other related studies. .... Prior to site plan approval and rezoning, the applicant will be required to agree to undertake monitoring and remediation program for the golf course. .. .. .. .. 623 .. ... ... REPORT NO.: PsD-025-o2 PAGE 17 - - Attachments: Attachment 1 - Attachment 2- Attachment 3 - Attachment 4 - Attachment 4A - - - Attachment 4B - Attachment 4C - Attachment 5 - Attachment 6- Attachment 7 - - - - - - - - .. - - - - - - Crooked Creek Golf Course Master Plan Key Map Limits of Provincially Significant ANSls Summary of EIS Analysis of Potential Golf Course Related Effects on Natural Heritage Features and Functions on Subject Lands and in Adjacent Areas Schedule of -Monitoring and Reporting Requirements Monitoring and Remedial Actions Summary of Hydrogeological Assessment Summary of Turf Management Report Proposed Amendment No. 26 to the Clarington Official Plan 624 REPORT NO.: PsO-Q25-Q2 PAGE 18 .... Interested parties to be advised of Council's decision: Central Lake Ontario Conservation Libby Racansky Authority 3200 Hancock Road 100 Whiting Avenue COURTICE, Ontario OSHAWA, Ontario L 1 E 2M1 L 1 H 3T3 ... ... Johanna Tax Peter Tax 2220 Regional Road 42 BOWMANVILLE, Ontario L 1 C 3K5 Ministry of Natural Resources Tim Rance, Aurora District 40 Bloomington Road W.. AURORA, Ontario L4G 3H8 ... - Crooked Creek Golf Club Ltd. Kevin Sewell/Doug Summers 837 Riverside Drive AJAX, Ontario L 1 T 3R9 AI O'Donnell 563 Steerforth Street OSHAWA, Ontario K1 K 2C3 - ... Dave F anthoam R.R. # 5 BOWMANVILLE, Ontario L 1 C 3K6 Linda Gasser 7421 Best Road P.O. Box 394 ORONO, Ontario ZOB 1 MO ... ... Tunney Planning Inc. 340 Byron Street South Suite 200 WHITBY, Ontario L 1 N 4P8 Kerry Meydam 3828 Trulls Road COURTICE, Ontario L 1 E 2L3 ... ... Evelyn Stroud 89 Little Avenue BOWMANVILLE, Ontario L 1 C 1 J9 Durham Region Planning Department Barb Hodgins Box 623, Lang Tower West Building 1615 Dundas Street E, 4th Floor WHITBY, Ontario L 1 N 6A3 ... .... Debbie Nixon R.R. # 4 BOWMANVILLE, Ontario L 1 C 3K5 - - .. ... 625 - ... .... ATTACHMENT 1 - cEGENO - CROOKED CREEK GOLF COURSE RellpOoM to tb. :--.: EA. L'iC P.er R..i.w 01 01.. EIS. - ~ "DotOll~.t.L .....,t 01 ANSI Maoot"'Q rQMNlltl - )0 'T'! S<<bkJl ! ~ '*'-Y l,_ Scl--.ce A.NSIl A.ooto"~ lImn of Mi9"I~ . ..- ESA MiIoc:lfnO (CLOCAI - . ~ To s.rtladf HoQ" Sens'tr"'!'v E 5A. .....uc....nos N.I..-co...'M,;:'C"::lS - -.. G_ P{; P'IC':lCl!:'I~ - -+- Sutltec~ ~ - - - - - - - - - - 626 - ~ CrooIted CIWk Got4 SDu~e Masler Plan~byK""",_& ASSOf;Iates 'i'he Mas~I.iI'l 15 COflCOIlIUlt tee '1""" an<l........ "hnlJ m "''''l ~ '0 00 conf"""", fIvourjIlhe Sile p':r"0'IQ f'oces, CROOKED CREEK GOLF COL'RS E ~lA5TERPlA."" 5hadowl,mJ In aSSOClatlOOiNlth Kenn Hoimes & _\s~ocLllres .nd LGL Llrnmd ~rOI~~7A2]57..FIGURE 1 Date "'~~ .__ ~OP'~ ------ - .;J-@oaret3 Bv cJ.... Scafe ""'KQ!l2 By JR'N 1 .3 200 ~'"t ATTACHMENT 2 LOT 4 LOT 3 LOT 2 LOT 1 to ... ~ VI ~ a: ... al :J I I I I I I I I I I I I I I 1 1 I I I 1 1 I I I I I I I I I I I I I pt') ~~ 00 NT >. 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ROPA 95-006 and COPA 98-001 Crooked Creek Golf Club Ltd. ~ Subject Site b~:~:~:~:?~:~:?~:~:~:~:l Other Lands Owned By Applicant 627 .. ... .. ... - ATTACHMENT 3 TAUNTON ROAD - Soper Creek - ---- ~ EARTH SCIENCE ANSI ~ LIFE SCIENCE ANSI - - - - ;; SUBJECT SITE - - - - - - - - - - - sr~"o..y, ~..vs 4f, 1'(( -90 ~,~~ '-4D f'~~- '-~ I ' " -::::::> -:--:::~ I I - 628 - "'1~14 ... SUMMARY OF ENVIRONMENTAL IMPACT STUDY CROOKED CREEK GOLF COURSE - The original report was prepared by Bird and Hale Limited and submitted in June 1996. This report and some of the subsequent addendums reviewed the impact of an 18 hole golf course on 54 ha of land. .. ... Purpose The purpose of the report is to investigate the biophysical resources of the site and ... surrounding lands and to assess whether any impacts of the proposed development would be had on the environment. How these impacts will be mitigated are also to be assessed. Reporting A great deal of information had been collected and provided by the applicant's consultant, and a number of addendums to the original EIS report had been submitted for review. .. In January 1999, the Region commissioned Niblett Environmental Associates (NEA) to conduct a peer review of the environmental impact studies that had be submitted in support of the application. NEA asked for a consolidation of the EIS work be provided in a synthesis ... report. The purpose of this synthesis report was to summarize all the EIS documents and to provide a list of the impacts and proposed mitigation for a 9 hole golf course. - .. Eventually, the Region asked NEA to prepare a list of conditions based on the EIS reports, conditions that would permit this application to proceed through the planning process. This list of conditions consolidates all recommendations made by the EIS consultant, modified where appropriate to reflect the changes in the number of holes and the layout of the golf course. NEA has proposed other additional monitoring conditions that are required to ensure the conditions are imposed and implemented appropriately and are effective in achieving a reduced impact or an enhancement. .. ... .. Environmental Construction Management Plan An Environmental Construction Management Plan ECMP is required to be prepared prior to site plan approval. - The ECMP must address and provide for the implementation of the following items.: · Erection of temporary barriers or fencing along outside edge of buffer zones, preventing construction equipment from entering the buffer and protected areas. · There will not be any disposal, storage of materials or disruption of vegetation within the buffer areas. · All construction activities shall be scheduled to avoid impacts to fisheries and wildlife in the pond or during bird nesting period. For vegetation, tree removal may occur only during off-season periods. · Bank erosion in the north west section of land requires stabilization. · Implement recommendations of Turf Management Plan for stormwater management. ... ... .. .. Summary of Environmental Impact Study Crooked Creek Golf Course .. 62~ Attachment 4: Page 1 - - - - - - - - - - - - - - - - - - - - - · Clearing for cart paths on holes 5 and 9 shall be minimized and restricted to trees only. Trees to be cut to ground level, leaving root mats untouched. Under story and groundcover plants will remain untouched. · Cart path for hole 9 to be located on the old road right of way. · Cart paths to be covered by porous materials in woodland areas. · No surfaces (parking lot, roads, etc) will be paved. Fisheries · Feasibility study that addresses potential impacts on fish habitat and productivity if pond on the unnamed tributary is used as a source of irrigation water. · Approval of CLOC and the DFO prior to any in water work to construct a bottom draw outlet for the pond. Buffer Creation and Rehabilitation · Reforestation of the tributary pond edge, embankment and top of bank areas that are currently unforested. · Native shrub species tolerant of modified habitat conditions resulting from the crossing of the unnamed tributary by holes 4, 5, and 9 will be planted to compensate for the removal of over story forest cover. · 30 m setback (buffer) will be created from all lands designated as ANSI, and the buffer will be revegetated with species that enhance foraging and shelter opportunities for wildlife, are non-invasive and compatible with existing native vegetation (applies to holes 1, 5 and 9). · a 15 m setback (buffer) will be created from all lands designated as ESA and this buffer will be revegetated with species which enhance foraging and shelter opportunities for wildlife, are non-invasive and compatible with existing native vegetation. This condition applies to holes 2,3,4,5,6,7,8 and 9. Veaetation · a tree preservation plan and edge management plan shall be prepared as conditions of site plan approval to address the removal and/or modification of affected areas for holes 5 and 9. These plans should include provisions for long term maintenance of these areas. · revegetation with trees and shrubs will be completed in the vicinity of the green for hole 6 and the tee area for hole 7 to compensate for the loss of vegetation in the hedgerow resulting from construction. · revegetation of the hedgerow between the 8th hole tee and the 7th hole tee will be undertaken with trees and shrubs to compensate for the loss of vegetation during construction of hole 8. Operational ReQuirements · Signage to be displayed to inform players of the sensitivity of the area wildlife to noise at particular sites, most especially hole 5. · Signage and fencing will be used for holes 5 and 9 to inform golfers of prohibition of entering valley lands and restricting access to cart path only. Summary of Environmental Impact Study Crooked Creek Golf Course 630 Attachment 4: Page 2 .. Monitoring Establish a monitoring program to ensure the mitigation and rehabilitation measures are effective in protecting the adjacent sensitive natural heritage features and functions. III · Monitoring and reporting schedule as identified in Appendix 2 to the November 2001 report be implemented Establish contingency actions if the monitoring program results indicate the environmental .. objectives are not being met. · Monitoring and remedial actions schedule as identified in Appendix 3 to the November 2001 report be implemented. .. - .. .. ... .. ... ... ... - ... ... ... .. 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S .II ~.Q 3 :: i f] .21 ~ i I ~_ M j 1'2 & j. eN ! ~...: a C:::, g....11 ..! ,g ~~.!1 ~ :Ec= . f II~ II t Ijs,lbliiUifi j i2~i)lI:~I~~~ ~ i~ Illih~ fi~ ~ :1;;;n~:JJt~l!j.~ lilil]III11Ii, cD '2S ~ ec ~ Ie .j i ~ ~ ~ j'2 I.. ~i ~j ~j I c ,g ca 1ft J i .s '5 l = 0 j ~ ~ . .Q ;:, o ~ 1 o l Or It) cD 642 ~ II -. II II Appendix 2 . .- , ~ ; t Schedule of Monitoring and Reporting Requirements Recommendations of Niblett Environmental Associates August 2001 ... III. . " 643 ATTACHMENT 4B filii .. IIlIlIi .. .. ... - .. ... - .. ... ... .. .. .. .. - ... - -I -I -I -I -I -I -I -I -I -I -I -I -I -- -- ... -- -4 I" ~ "'-l .. = = U '- - = ~ ~ ~ ~ - U "'C ~ ~ = = a- U M >Ill .- "'C = ~ Q., Q., -< 1'1) .... = ~ E ~ a- .- = C" ~ g:: Cl) = t = Q. ~ g:: ~ = = Cl) = .- a- = .... .- = = ~ c.,. = ~ - = ~ ~ .c y rIJ. 0.0 C '€ o 0. ~ C-' o u o ..... o '- Q.. - u c c o >J'J '- ~ Q.. en '- o.o~ c :>. .- - 0..-:: E Co c:':J ~ E c o .- ..... c:':J U o ...J ~ c.J ..... ~ E c:':J '- c:':J Q.. ..... 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This report was prepared by Gee-Logic Inc in December 1997 Puroose and Methodology The report describes the existing hydrogeologic conditions and determines the suitability of the development of an 18 hole golf course on 54 ha of land. Possible impacts this development .Il may have on the shallow groundwater regime and down-gradient functions shall be identified. ... The consultant conducted a review of existing background information and a well inventory .I survey. This included interviews with neighbours to confirm and supplement Ministry of Environment well water information. On site, 13 test pits were excavated to determil"n c;"allow overburden and groundwater conditions and Piezometers were installed to mc~ 'aulic gradients and determine the hydraulic conditions of the subsoils. In addition, : ,is were drilled on-site to decipher ~ availability of groundwater and to evaluate potentia. II npacts of the proposed development on the local groundwater conditions. Analysis of this well water was also conducted. ... Site Conditions It was found that the site is comprised of sandy soils and has relatively good drainage. Surface water infiltrates into the shallow sandy soil and slowly recharges towards the adjacent creek. .. Infiltration does not appear to have access to the deeper aquifer due to a silt or clay layer. It was found that the shallow groundwater flow generally conforms to the groundsurface topography gElerally flowing in a westerly direction towards Soper Creek. The hydrogeologic ... information revealed the existence of 3 principal aquifer systems being a shallow aquifer separated from the deeper aquifer by a silt or clay layer and lastly an aquifer appearing within fractures in the bedrock. ... .. The majority of private wells in immediate area are drilled wells (65%). No shallow wells are hydraulically downgradient of the site. ... Aquifer Performance Testing Pumping tests were conducted on one of the test wells and during pumping, 2 other test wells ... on site were monitored as well as the nearest off-sit~ bored well and drilled well. During testing, 1,670,000 Iitres of water was removed in 24 'Jrs. The consultant concluded that the test well, in conjunction with a properly designed ano constructed water supply system, can ... provide the necessary quantities of potable water while preserving the long term water quality of the aquifer. Well monitoring during and after the pumping tests revealed that there was no impact on the neighbours well or on the man-made pond. No significant changes were noted in the on-site bored well and the well that supplies water to the existing adjacent house. The pumping test ... .. Summary of Hydrogeological Assessment Crooked Creek Golf Course .. 649 Attachment 5: Page 1 - - - - determined that "The water quality and quantity suggest that the aquifer has a minimal connection to the base flow of the creek or infiltration from the site". - Nitrates The fertilization of the fairways and greens is anticipated to have a nitrate loading of 354 kg of nitrate fertilizer a year. Based on site infiltration, projected nitrate concentration at site boundary will be 1.7 mg/L. The receiving pond and tributaries are not anticipated to be adversely effected. Present nitrate levels in the pond is 1.0mg/L and Soper Creek is 1.6 mg/L. A negligible impact is anticipated on the watercourses from fertilization practices. - - Waste Disposal Site can facilitate a Class 4 or Class 10 type waste disposal system. The report provides 11 recommendations regarding the proposed waste disposal system including recommended setbacks between system, buildings and property line. For review of these recommendations, refer to the consultant's report. - - Conclusions and Recommendations The report concludes that: · Irrigation of the site can be facilitated by the on-site well. · Use of this well will have no impact on adjacent wells or on the level of the man-made pond. · A deeper on-site aquifer complex prevents migration of potential contaminants into groundwater. This aquifer is confined and it is expected that the aquifer provides little or no contribution to localized baseflow. · During summer months, as a result of irrigation, an increase in baseflow may occur. · It is expected that during irrigation a marginal flow increase in the discharge of the pond to the creek may occur. · No adverse effects on down-gradient watercourse due to irrigational practices are anticipated. · No adverse effects on down-gradient flow will be noted during the peak flow periods that occur during spring and fall months. · Use of fertilizers is not anticipated to impact water quality in Crooked Creek. · Cumulative impact of golf course on off-site groundwater baseflow is expected to have a positive affect. · Potable water is available on site. - - - - - - - It is recommended that: · Irrigation be discharged in the areas of the tees, fairways and greens. · Irrigation be directed towards areas of low runoff and aided by installed underground drainage. · Recommend limit use of fertilizers around watercourses. · Recommend additional vegetative buffers and infiltration strips around tributaries and pond banks to aid in absorbing excess nutrients and reduce soil erosion. · Recommend to pump water from well at 100 igpm and any excess water is to be obtained from the pond when short term requirements are needed. · Maximum water taking is 655,000 Uday. Summary of Hydrogeological Assessment Crooked Creek Golf Course 650 Attachment 5: Page 2 - - - - - · Central water supply system incorporate use of existing drilled water well. · System may require use of a storage facility (pond) to lower the quantity of water used IIlIlIi during peak demand periods. · Place flow control devices on equipment to avoid over pumping. · The area around the well be identified as a Zone 1 well head protection area. The lilt installation of guard posts will ensure potential contamination including application of fertilizers, pesticides or herbicides in surrounding area will be avoided. · An annual water quality monitoring program be conducted to ensure maintenance of .... good water quality. · Collect on a regular basis, water level and consumption data to evaluate the performance of the well and the long term impact on the underlying aquifen- · Require a full-time water taking permit. - Peer Review The report was peer reviewed by Gartner Lee and was received on February 8, 1999. More information about the aquifer was requested to assist in assessing the long term sustainability of the aquifer. This included identification of adjacent land uses. It was also suggested that .- other on-site wells and two off-site wells be included in the monitoring program and that the man-made pond be monitored if it is to be used for irrigation. ... Geo-Logic Inc provided the additional information and in April 1999, Gartner Lee Was satisfied that the deep confined aquifer can sustain irrigation requirements for the proposeq 9 hole golf course without causing adverse impacts on the creek or existing wells. Gartner Lee also - concurred with the report's review of impacts from fertilizer and impacts on groundwater and surface water, and that the site is suitable for a subsurface septic disposal system.- .. ... .... -- .... ... - .. Summary of Hydrogeological Assessment Crooked Creek GoW Course .... 651 Attachment 5: Page 3 II1II .. - ATTACHMENT 6 - - SUMMARY OF TURF MANAGEMENT REPORT CROOKED CREEK GOLF COURSE - This report was prepared by Kortekaas Lally Holmes Golf Course Consultants and was submitted in January 1997. A revised report is dated January, 1998. - Purpose The purpose of the report is to review the site conditions and prepare a report that identifies best management practices for the care of the golf course. Included within the best management practic! IS the identification of grass species that would be hardy, and generally drought tolerant and recommendations regarding the application and amount of fertilization needed. Lastly, the report examines stormwater management, irrigation and the existing watercourses. - - Both reports were prepared in anticipation of a 18 hole golf course on 54 ha of land. .... Turf Fundamentals The consultant reviewed the design, construction, fertilizer needs and seed selection for the greens, tees, fairways, and roughs. Generally, using a grass species that is drought resistant and tolerant to disease is recommended. - - In order to lower the concentration of fertilizer and pesticides, underdrains in the greens will be installed to collect excess runoff and any fertilizer and pesticide contaminated leachate. Drains and leachate will go to water quality basins having a sand-peat filter. The amount of area allocated to fairways has been reduced and the first 100 yards from tee areas will not be actively maintained. .... .. Two types of rough are proposed. A Maintained Rough and Naturalized Out-of-Play Rough. The Maintained Rough will be seeded with drought resistant and pest/weed resistant strain of seed. There will be minimal harsh measures taken to control weeds within these areas. - .. The Naturalized Out-of-Play Areas will be visually distinct from the fairways, in part due to the reduction of maintenance within these areas, and in part due to the species to be planted within these areas. It is intended that these areas will provide food and shelter for wildlife and provide wildlife corridors functions. Opportunity exists to create wildlife habitat structures in these areas. - - Water Fundamentals All greens, tees, and fairways will be setback a minimum of 30 m from the centerline of the watercourses or 15 m from the defined top of bank. These setback areas will be maintained in a natural state to permit the natural heritage features and functions associated with the watercourses to be maintained. - The setback zones will consist of areas of unmaintained, native grasses, aquatic plants, shrubs and trees. - Summary of Turf Management Crooked Creek Golf Course 652 Attachment 6: Page 1 - .. Changes to the site will "result in the establishment of a high quality turfgrass on well-drained .. tees, greens and fairways. This will result in a decrease in peak stormwater runoff flows and increased groundwater recharge across the site". All stormwater from parking areas and other highly maintained areas will be directed to "'+'"'rmwater storage facilities. All runoff from .. the golf course will be collected by swales ari vied to water quality basins, ensuring that no stormwater runoff will be conveyed directl} (he natural areas. Irrlaatlon Irrigation water will be taken from the existing pond. The pond will be fed by an on-site well. An efficient irrigation system is proposed that will monitor existing conditions and Irrigate only .. when necessary eliminating overwatering and reducing the potential of nutrient movement and leaching. .. Intearated Pest Manaaement ClPM) Goal is to reduce need for chemical control of pests. Biological controls or agents which include fungi, bacteria, nematods and insects will be used wherever possible. If necessary, .. and pests persist, spot spraying of chemicals that are the least toxic and have shortest residual activity will be used. .. Recommendations Plantings · Specific recommendations for planting and fertilization are contained in ~he report. ... " Setbacks and Buffers · All greens, tees, and fairways will be setback a minimum of 30 m from the centreline of ". the watercourses or 15m from defined top of bank. · All setback areas will be maintained or enhanced in a natural state, sufficient to ensure that the natural heritage features and functions within and associated with the .. watercourses will be maintained. · Naturalized setback zones or other erosion control measures will be maintained and . created, protecting surface water resources and environmentally sensitive areas. · Habitat for wildlife species will be protected or created in out-of-play areas. Nutrients and Integrated Pest Management Plan - · Recommends that a careful approach to fertilizer and pesticide application and control be implemented due to the sandy soils. .- · Use integrated pest management plan including non-chemical control measures. If these are ineffective, only then will chemical control strategies be utilized. · No chemical use permitted within 30 m of watercourse. · Store chemicals in a location that is safe for employees and environment. · Only nutrient products and practices that reduce potential for contamination of ground and surface water will be used. · Owners will maintain excellence in the continuing education of applicators including licensing, training and certification. · Signage will be erected indicating area of restricted chemical applications and to inform .. golfers and remind employees of environmentally sensitive buffer areas. .. .. Summary of Turf Management Crooked Creek Golf Course 653 Attachment 6: Page 2 "" .. - .,. - Stormwater Management · Ponds proposed to be built will serve as stormwater storage facilities. Drainage from golf course will be directed to these ponds wherever possible. · Recommend appropriate buffer features and infiltration strips be installed wherever the golf course crosses or comes in contact with the watercourses. · Erection of erosion control sediment fence between all locations of grading operations and environmentally sensitive areas. All fences to be erected at the top of bank and remain in place until the grass has established. · All greens will be constructed with underdrainage as per the USGA Green Construction specifications. These drainage tiles will be directed to a Water Quality Basin located near the green which will filter runoff and any possible nitrate leachates. · Swales will be provided along the boundary areas between the manicured portion of the golf course and the preserved natural areas. Runoff from the golf course will be collected in the swales and taken to water quality basins, ensuring that no stormwater runoff will be conveyed directly into the natural areas. · Stormwater from the impervious parking lot and clubhouse will be directed to on-site ponds/stormwater storage facilities. - - - - ... - Additional Information Required · A detailed erosion control plan based on the golf course routing plan must be development prior to construction. This plan shall identify areas requiring silt fencing and other erosion control methods. - - Implementation · Site specific mitigation measures will be developed at the golf course construction drawing phase. · Utilize integrated plant management incorporating integrated pest management and best management practices. · Use of qualified contractors with experience in special environmental requirements of golf course construction will be used during construction. · Qualified golf course superintendent will be hired early in design and construction process. · Grass clippings will be collected and com posted in an area that is not environmentally sensitive. · All mowing machinery must be properly maintained with suitable mufflers to reduce noise pollution. - - - - - Conclusions Based on implementation of the above recommendations, the development of a 9 hole golf course on the subject lands can be achieved having little or no impact on the environment. - - Summary of Turf Management Crooked Creek Golf Course 654 Attachment 6: Page 3 - AMENDMENT NO. 26 TO THE CLARINGTON OFFICIAL PLAN ... PURPOSE: To allow a 9 hole golf course, club house and necessary maintenance .. buildings on Part Lot 3, Concession 4, former Township of Darlington, Part 1 on 40R-14585 and Part 1 on 40R-19013 ... BASIS: An application to amend the Official Plan to permit a golf course on lands designated "Green Space" and "Environmental Protection Areaft and further described as Part 1 on 40R-14585 and Part 1 on 40R-19013 in Part Lot 3, Concession 4, Former Township of Darlington was received. .. An amendment to the Clarington Official Plan is necessary to allow the proposed golf course, club house and necessary maintenance buildings. - A number of studies including hydrogeological, turf management and environmental impact studies were prepared in support of this application. Reflecting the conclusions of these reports and agency concems regarding the impact an 18 hole golf course would have on the site's natural heritage features, the application was revised substantially, reducing the number of holes from 18 to 9 and decreasing the land area from :t54 ha to :t41. The studies conclude that the proposed 9 hole golf course will have no significant impacts on the natural heritage features. - .. ... ACTUAL AMENDMENT: ... The Clarington Official Plan is hereby amended by: a) by adding the flowing exception to Table 18.1 as follows: .. Table 18.1 Golf Courses Area Area Identified Name and Type of Golf Course Legal Description (ha) On Map A Crooked Creek Golf Course Part Lot 3, Concession 4, .. G2 (9 holes, club house, maintenance bUildings) former Township of 41 +/- Darlington .. ... .. IMPLEMENTATION: The provIsIons set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. .... .. INTERPRETATION: The prOVIsions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. .. 655 - .. - - SCHEDULE -A- - AMENDMENT No. 26 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A1, LAND USE, DARUNGTON RURAL AREA - - HYDRO - - - ... - .. - - .. - - - - -- - 656 - .. - - ... .. ... .. ... ." .. ... .. ... .. .. ." .. .. .. - - ClfJ!il1gton REPORT - PLANNING SERVICES - Meeting: Date: ... Report #: - Subject: - PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday,ApriI8,2002 PSD-026-02 File #: SC-2002-002 & ZBA 2002-002 By-law #: ... APPLICATION FOR ZONING BY-LAW AMENDMENT AND PROPOSED PLAN OF SUBDIVISION SYLVAN ESTATES INC. AND BENNETT DEVELOPMENTS INC. RECOMMENDATIONS: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Repot PSD-026-02 be received; and - 2. THAT the application for a zoning by-law amendment, submitted by Sylvan Estates Inc. and Bennett Developments Inc. be referred back to Staff for further processing subsequent to receipt of an application to amend the Clarington Official Plan and upon receipt of all outstanding comments; - - 3. THAT the application for a proposed draft plan of subdivision, submitted by Sylvan Estates Inc. and Bennett Developments Inc. be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and .. 4. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. - .. Submitted by: Da Id rome, MCIP, R.P.P. Director of Planning Services AR*CP*DJC*sh April 2, 2002 Reviewed by: d ~ ~~ Franklin Wu, Chief Administrative Officer - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3AB T 905-623-3379 F 905-623-0830 - 6S7 REPORT NO.: PSD-029-o2 PAGE 2 IIlIlIi 1.4 1.5 2.0 2.1 1.0 APPLICATION DETAILS 1.1 Applicant: Sylvan Estates Inc. and Bennett Developments Inc. ... 1.2 Agent: G. M. Sernas & Associates Ltd. - 1.3 Rezoning: from "(A) Agricultural" and "(EP) Environmental Protection" to appropriate zones to implement the proposed 699 unit plan of subdivision. .. - Subdivision: a proposed 699 unit plan of subdivision consisting of: 153 single detached units with10 metre frontages; 220 semi-detached dwellings with 9 metre frontages; 78 on-street townhouse units, 38. block townhouse units, 210 apartment units, a 2.427 ha public elementary school site, a proposed 1.533 ha park block, a total of six (6) blocks totalling 1.063 ha identified as park block between the Lake Ontario Shoreline and Street A and H, two blocks totalling 1.379 ha for stormwater management, and a total of 9.532 ha of open space blocks. ... .. .. . Land Area of Application: 45.405 ha .. LOCATION The subject lands are located in Part Lots 5, 6, 7, and 8, Broken Front Concession, former Town of Bowmanville. The lands are further described as two parcels of land totalling 45.405 ha (112 acre), generally bounded by Mearns Avenue road allowance and the Region of Durham Water Treatment Plant to the west, East Beach Road, existing residences and Lake Ontario to the south, Bennett Road to the east and the Canadian National Railway and the hydro electric transmission corridor to the north (see Attachment No.1). .. III '!!'II ... - 3.0 BACKGROUND 3.1 In early February of this year G. M. Sernas & Associates submitted an application on behalf of their client Sylvan Estates Inc. and Bennett Developments Inc. for proposed draft plan of subdivision and amendment to the zoning by-law for the subject lands. .. .. 658 ""'" .. - REPORT NO.: PsD-D26-D2 PAGE 3 - - The applicant appears to have had discussion with both staff at the Conservation Authority and the Region of Durham Works Department prior to submitting the applications to the Municipality. However, no pre-consultation was had with Municipality of Clarington staff. .. - 3.2 In support of the two applications for 699 residential units, the applicant submitted the following documents: i) A Phase 1 Environmental Site Assessment; ii) Preliminary Environmental Overview; iii) Letter from G.M. Sernas & Associates with an attached Shoreline Hazard Limit Plan; iv) A Site Traffic Analysis; and v) A Conceptual Site Servicing Report. - - ... - These documents were circulated to the appropriate agencies as part of the circulation process for the applications. They will be reviewed in detail prior to a recommendation report being prepared for the applications. - .. 4.0 EXISTING AND SURROUNDING USES 4.1 Existing Uses: The subject lands are currently under agricultural production and contain an existing house, barn and shed. - .. 4.2 Surrounding Uses: East - - North - West- Bennett Road, and beyond that existing residential and agricultural properties. CNR tracks and hydro electric transmission corridor Mearns Avenue road allowance and the Region of Durham Water Treatment Plant Existing residences fronting on East Beach Road, other existing residences at the mouth of the Bennett Creek and Lake Ontario. South - - - 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the lands Living Area and Waterfront. - The predominant use of land within the Living Area designation shall be for housing purposes. The predominant use of lands in the Waterfront designation may include - 659 - 5.3 REPORT NO.: PSD-026-o2 PAGE 4 - I . marina, recreational, tourist, and cultural and community uses. Residential and employment opportunities maybe be permitted, which support and complement the ... predominant uses. ... 5.2 The Clarington Official Plan designates the lands Urban Residential with a Public Elementary School Symbol, Waterfront Greenway with a District Park Symbol, and Environmental Protection Area within the Port Darlington neighbourhood. The neighbourhood has a housing target of 1200 units, consisting of 550 Low Density, 450 Medium Density, 175 High Density and 25 units for intensification. The application proposes a total of 699 units. a shortfall of 500 units from the housing target. The predominant use of land within the Urban Residential designation shall be for housing purposes. Schools are also permitted. The predominant use of lands within the Waterfront Greenway designation shall be passive and active recreational uses, compatible tourism uses, conservation and agriculture. District Parks shall serve the recreational needs of the entire Municipality with a wide variety of indoor, outdoor and specialized facilities. Environmental Protection Areas identify the most significant components of the Municipality's natural environment. These areas and their ecological functions are to be preserved and protected. - ..... ... .. - ... .. Map B, Transportation identifies a Type C arterial road parallel to Lake Ontario a,. connecting to Bennett Road in the east, Lambs Road in the centre and Liberty Street to the west. In addition, a future grade separation is identified at the CNR line and Bennett Road as well as Liberty Street and the CNR. Map C, Natural Features and Land Characteristics identifies the Bennett Creek as a warm water stream with associated Hazard Land. In addition, the lakeshore is identified as a Regulatory Shoreline Area. Section 4.3.8 of the Official Plan requires an Environmental Impact Study (EIS) to be completed prior to any development occurring adjacent to, or within a Natural Feature. Terms of reference for an EIS will be discussed with the applicant and CLOCA staff after the public meeting. .. - .. ... ... .. 660 - - - - REPORT NO.: PsD-Q26-Q2 PAGE 5 - - 5.4 The subject property is also within the Port Darlington Neighbourhood Secondary Plan. The secondary plan provides a Land Use Plan and pOlicies further detailing the objectives of the Official Plan for development of the new residential area and transformation of the existing residences. The subdivision application accounts for all the residentially designated lands within the neighbourhood. The subdivision design proposes some significant variances from the approved Secondary Plan as follows: o the 699 proposed new residential units, represents 500 units less than the 1200 unit target for the neighbourhood; o The proposed reduction in the neighbourhood population could impact the need for a public elementary school in this neighbourhood; o The medium density block on the west side of Lambs Road, north of the creek has been deleted and replaced with a park block; o The District Park at the foot of Lambs Road has been effectively deleted and replaced with a storm water management pond; and o The alignment of the collector road system has been revised. An Official Plan Amendment is required. ... - - - - - - - - 6.0 ZONING BY -LAW PROVISIONS 6.1 The subject lands are zoned "Agricultural (A)" and "Environmental Protection (EP)". The application does not conform with the current zoning by-law provisions and a rezoning is required to allow the proposed uses within the plan of subdivision. - - 7.0 PUBLIC MEETING AND SUBMISSION 7.1 A Public Notice sign was installed on the subject lands. In addition, notice was mailed to each landowner within the prescribed distance. As of the writing of this report, numerous inquiries have been made by phone and in person at the Planning. Services Department by surrounding land owners requesting further information on the proposed development. The inquiries came primarily from property owners on East Beach Road and Port Darlington Road. - - - - 66' - REPORT NO.: PSO-Q26-Q2 .. PAGE 6 7.2 ... Residents expressed concerns with the scale of the proposed development and compatibility with the existing residential neighbourhood. They had concerns about access to the property by the existing road network, on streets that the residents identify as below municipal standards in width and in poor repair. Some residents felt this type of development was too far from the existing built-up area of Bowmanville and as such constituted urban sprawl. There were numerous concerns expressed with respect to the impact this development would have on the natural environment, specifically regarding the creek valley and the Lake Ontario Shoreline, which has experienced increased erosion in recent years. As well as the liability to the Municipality if the land between the proposed arterial roads and Lake Ontario become public open space. In addition, concern was voiced about the cost to the Municipality and to them as taxpayers for off-site infrastructure necessary to support this development. Numerous questions were posed about the timeframe for development. No member of the public who came to the counter indicated support for the development; rather, most were strongly opposed. .. .. .. .,. ... ... .. 8.0 AGENCY COMMENTS .. 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following agencies have advised they have no objection to the applications proposed. Rogers Cable, Peterborough Victoria Northumberland and Clarington Catholic District School Board ... ... - 8.2 Enbridge Consumers Gas has provided conditions to be incorporated in the subdivision agreement, and require the natural gas distribution system to be installed within the proposed road allowances and not on easements. .. - 8.3 Veridian Connections has reviewed the application and has advised that electric service is available on the road allowances, Port Darlington Rd., Lambs Rd., and Bennett Rd. bordering this property. A number of conditions of draft approval have been provided should the applications be approved. .. .. nA! .. .. - - - - - - - - - - - - - - - - - - - REPORT NO.: PsD.Q26.Q2 PAGE 7 8.4 Canadian National Railways Property Inc. advised the "development adjacent to the railway right-of-way is not appropriate without mitigation measures to reduce the incompatibility." As a result a number of conditions of draft approval were requested including: a 30 m building setback from the railway right-of-way; completion of a noise and vibration impact analysis, recommending abatement measures; construction of an earth berm and fence; and entering into an agreement with CNR. 8.5 The Region of Durham Works Department provided comments advising that municipal water is available to the site by extension of the existing system on East Beach Road and future Lake Road extension. The Region advised that the provision of municipal sanitary sewers to the site in accordance with "Option B" of the Conceptual Servicing Report is preferred. They further advised the location of the future clarifiers, at the Port Dartington WPCP as shown on the draft plan is incorrect. The proposed locations was provided and the applicant will be responsible for revising the proposed plan, buffer zone and lotting accordingly. 8.6 No other agency comments have been received at the time of writing of this report. 9.0 STAFF COMMENTS 9.1 The proposed rezoning and subdivision application is the second residential development proposal involving the subject lands. The first application was filed in 1989. A secondary plan was prepared in consideration of the original proposal, however, the applications were eventually closed as the applicant did not proceed further with the proposal. The secondary plan, prepared in consideration of the original proposal, was reviewed, updated and incorporated into the Clarington Official Plan in 1996. Said policies, among other things require the preparation of 'urban design guidelines' prior to the approval of any development. This requirement and preparation of terms of reference for an Environmental Impact Study required to consider the impact of development adjacent to the Bennett Creek will be discussed with the applicant in the weeks following the public meeting. 663 REPORT NO.: PSO-Q26-Q2 PAGE 8 ...., 9.2 The application as submitted does not implement the Port Darlington Secondary Plan as contained in the Clarington Official Plan. As noted in Section 5 -Official Plan Policies, the proposal represents a 500 unit shortfall relative to the population target of the neighbourhood. This reduction in units could have a significant impact on infrastructure considerations for the neighbourhood. In addition, the location of the park block on the west side of Lambs Road, as opposed to medium density units and the loss of the District Park as contained in the Official Plan require staff to re-consider the land uses and transportation demands for the neighbourhood, including the need for a public elementary school. As a result an Official Plan Amendment is warranted. - .. .. .. .. 9.3 The application will have to be reviewed in consideration of the growth management policies of the Clarington Official Plan. The Plan's policies state the Municipality shall .. seek to ensure 'the economical extension of all infrastructure and services associated with a development. The policies also allow Council to declare a residential draft plan of subdivision to be premature if among other things the capital works and services required to service the lands and the future residents are not within the Municipality's current capital budget or 10 year capital works arecast as updated from time to time". .. .. 10.0 CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the applications be referred back to Staff for further processing and subsequent report upon resolution of all issues and receipt of all outstanding comments and required revisions. ... .... .. .. ... Attachments: ... Attachment No. 1 Attachment No.2 Key Map Proposed Subdivision design .. Interested parties to be notified of Council and Committee's decision: .. 664 ... .. - REPORT NO.: PSD-Q26-Q2 PAGE 9 - G. M. Semas & Associates Sylvan Estates Inc. & - 110 Scotia Court, unit 41 Bennett Developments Inc. Whitby, Ontario 10225 Y onge Street L 1 N 8Y7 Richmond Hill, Ontario - L4C 3B2 Kevin Taylor Debra Allin - 110 East Beach Road 25 Bennett Road Bowmanville, Ontario Bowmanville, Ontario L 1 C 3K3 L1 C 3K5 - Professor Dryer Gary Madill 61 Lonsdale Road 86 East Beach Road - Toronto, Ontario Bowmanville, Ontario M4V 1 W4 L 1 C 3K3 - Don Wilkinson Philip Nixon 205 - 165 Coboume Avenue 2736 South Service Road Richmond Hill, Ontario Bowmanville, Ontario - L4C 2K2 L 1 C 3K5 - - - - - - - - - 665 - .0 c: '> ..... ~ ~ '> -.J ~~ 666 AI I Al;HMt:IN I 1 -1 1 1 1 1 1 1 T N o '? N o o N -c CD N "tS C ev N o q N Q o ~ ~ U) cC 00 -;s .! ,~ .=:2 "tS- ,a a. ~~ 't-Q oC c.c evO -N a.. 4::0: I!" 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I I <.J I I I I I j I I I I I .to I I I I I I 1 I f I I I I I I I I I I I / r--/ I I I I I I I 1 I I I I / I / I I 1 / i I I L--j / f I I I / I I / I / I I I I / I I I 1 / I I I I / , I I I / I I I 1/ I I I ( I I I I, I / I /1 1 I I / I ~ 1/ I / J 11 I / , , 1/ I / f ----L-L------Jf=. . --r- I I I I I I I I I I I ., ... ... ... - I ... .. ... .... .... o 'C o C o IIlIlIi v -'" o ...J - - ... 6A8 C Q -c :: 0 c:e C 0.0 .2~N .1';- ~ftI C 'awe .oNE ~C?.c U)Nu 'a 0:1 eo~ "'~ 8.~ eU) ~ - ... ... .. ... - - CJfJ!-!lJgton REPORT - PLANNING SERVICES - Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday,Ap~18,2002 PSD-027 -02 File #: PLN 26.10 By-law #: - - Subject: DRAFT ENVIRONMENTAL ASSESSMENT GUIDELINES FOR THE USED FUEL DRY STORAGE FACILITY PROPOSED ON THE DARLINGTON NUCLEAR GENERATION STATION LANDS. - RECOMMENDATIONS: - - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-027-02 be received; - 2. THAT Report PSD-027 -02 be approved as the comments of the Municipality of Clarington on the document entitled "Draft Environmental Assessment Guidelines (Scope of Project & Assessment): Environmental Assessment of the Proposed Construction and Operation of the Darlington Used Fuel Dry Storage Facility in Clarington, Ontario," dated February 15, 2002 FORTHWITH; THAT a copy of Report PSD-027 -02 and Council's resolution be forwarded to the Canadian Nuclear Safety Commission (CNSC) ; and THAT the interested parties listed in this report be advised of Councils decision. - - 3. - 4. - - Cy) ~~ David rome, MCIP, R.P.P. Director of Planning Services HB*BN*DJC*lw April 3,2002 Submitted by: Reviewed by:6 r ~ ~ --t,,--, '2t Franklin Wu, Chief Administrative Officer - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 f1f19 REPORT NO.: PsD-027-o2 PAGE 2 1.0 1.1 1.2 1.3 ... BACKGROUND Ontario Power Generation Inc. (OPG) is proposing to construct a Used Fuel Dry IIlIlIi Storage Facility on the Darlington Nuclear Generating site. This proposed facility will accommodate the relocation of used fuel bundles that have been stored in the irradiated IIlIlIi fuel bays in the station for a minimum of ten years. The irradiated fuel bays are nearing - capacity and movement of fuel bundles to a dry storage facility is required. Following all regulatory approvals, it is OPG's intention to have the dry storage facility in operation by the fall of 2007. ... ... In accordance with the Canadian Environmental Assessment Act (CEAA) the construction of this facility requires the completion of a Federal Environmental ... assessment. The purpose of this environmental assessment (EA) is to determine if there will be any environmental impacts attributed to the construction and operation of this facility. ... On February 15, 2002, the Canadian Nuclear Safety Commission (CNSC), as the Responsible Authority (RA) for the Project, released a document entitled "Draft Environmental Assessment Guidelines (Scope of the Project & Assessment): Environmental Assessment of the Proposed Construction and Operation of the Darlington Used Fuel Dry storage Facility in Clarington, Ontario" (Draft Scope EA). Tne CNSC is requesting the public and other stakeholders to provide comments on the Draft Scope EA document. The public consultation period runs from Monday, February 28th, 2002 to Friday, April 5, 2002. Clarington Council requested the extension of the public .- consultation period and CNSC granted the Municipality one additional week for comments until April 12th, 2002. Comments provided during this consultation process ... will be considered in the final review of the EA Scope document. ... - ... ... 1.4 The purpose of this staff report is to provide Council an overview of the Canadian Environmental Assessment process, a review of the Draft EA Guidelines for this project .. and the Municipality's comments to the CNSC. ... ... 67U ... ... - - - - - - - - - - - - - - - - REPORT NO.: PsO-Q27-Q2 PAGE 3 1.5 Ontario Power Generation Inc. has agreed to provide funding on behalf of the Municipality for consultants to undertake peer reviews of the studies and provide advice to the Municipality throughout the EA process. This funding is provided to the Municipality as the host community; it is not intervener funding as provided for under the CEAA. Given the time constraints for preparing the Municipalities comments, the Director of Planning Services retained the services of Acres and Associated to assist in preparing comments on the Draft Environmental Assessment Guidelines only. The peer review of the EA will be tendered separately. Acres International was previously retained on three projects by the Municipality, including the Interim Waste Authority site selection process and the Laidlaw Landfill project. Staff and Council were very satisfied with this work. Also, Acres and Associated were retained by the Town of Ajax as the peer review consultant with respect to the start-up of the Pickering 'A' Nuclear Power Plant of OPG; Excellent references were obtained with respect to their services. 2.0 CANADIAN ENVIRONMENTAL ASSESSMENT PROCESS 2.1 CEAA provides for both Responsible Authorities (RA) and the proponent for a project, to be identified. The CNSC is the RA for this project and pursuant to the Federal Coordination Regulations of the CEAA, Health Canada, Environment Canada, Natural Resources Canada and the Department of Fisheries and Oceans have been identified as expert Federal Authorities (FA) for the purpose of providing expert assistance during the Environmental Assessment. Although Indian and Northern Affairs Canada indicated that they do not have a role in the Assessment, they would like to have the local Aboriginal groups included in the process. The CNSC confirmed with the Ontario Ministry of the Environment that there are no Provincial environmental assessment requirements under the Ontario Environmental Assessment Act that are applicable. 2.2 The RA is responsible for ensuring that the EA is carried out in accordance with CEAA. - As such, the proponent is required to keep the RA advised of the progress of the EA. The proponent must also consult with the public, the Municipality and other stakeholders - during the preparation of the EA. OPG will be conducting the technical support studies, - ~ 7 , 3.0 3.1 3.2 REPORT NO.: PSD.Q27-o2 PAGE 4 .. prepare the EA study report, and conduct the public consultation program. The Draft EA Guidelines for the Used Fuel Dry Storage Facility proposed on the Darlington Nuclear- Generation Lands has been prepared by the CNSC. .. 2.3 Once the EA study report is finalized, it will be submitted to the RA. The RA and the Federal Authorities will review the study report to determine, among other matters, if it .. has been prepared in compliance with CEM and the EA Guidelines. The P f< will use the EA study report as the basis for the preparation of a screening n. The .. screening report takes into consideration all documentation, ensures the legislative requirements are satisfied and is the basis of the decision by the RA to permit the .. project or to refer the project to a mediator or review panel. .. DRAFT ENVIRONME~ TAL ASSESSMENT GUIDELINES Purposes and Description of the Project The Draft EA Guidelines states "the purpose of this document is to provide guidance on the scope of the environmental assessment (EA) that will be conducted on the proposed - construction and operation of the Darlington Used Fuel Dry Storage facility at the - Darlington Nuclear Generating Station (DNGS)." The project shall describe-and identify the proposed facility, including the location, construction and operation of such facility. - A conceptual decommissioning plan for the facility will also be included in the assessment. I n consideration of the above, the project shall identify and characterize those activities or components that have the potential to interact with the environment, resulting in a change or disruption to the surrounding environment. .. .. .. Type of Assessment The CEM provides for either a screening study or a comprehensive. study to be undertaken, depending on the specific characteristics of a project. As this project is not identified in the Comprehensive Study List Regulations of the CEM, a screening level assessment is what is required to be prepared. The following factors are those that must be considered: · the environmental effects of the Project, including the environmental effects of malfunctions or accidents, and their significance - .. .. .. 672 .. .. - REPORT NO.: PSD.Q27-o2 - PAGE 5 - · any cumulative environmental effects that are likely to result from the Project in combination with other Projects or activities · comments from the public that are received in accordance with the CEM · measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the Project. - - A screening level assessment is not required to address as many factors as a comprehensive level assessment. However, the Draft EA Guidelines proposes to require the assessment to also address the following factors that are required for a comprehensive study: · the purpose of the Project · the need for and requirements of any follow-up program in respect of the Project · the capacity of renewable resources that are likely to be significantly affected by the Project to meet the needs of the present and those of the future - - - - Additional or more specific factors may be identified following consultation with the Federal Authorities or other stakeholders. - 3.3 Specific Information Requirements to be Detailed in Screening Report This component of the Draft EA Guidelines identifies various information requirements that must be detailed, examined or assessed. This includes providing the purpose and description of the project. The description includes providing general information on design characteristics, normal operations, malfunctions and accidents, assessment of site alternatives and conceptual decommissioning plan. This exercise is predominantly a fact finding and documentation exercise. However, it is important to ensure that this exercise is complete as it may have a bearing on the outcome of the assessment of the effects or cumulative effects of the project. - - - - - - 3.4 Facility Location and Study Boundaries This Draft EA Guidelines indicates that the EA will focus on the preferred site for the location of the facility (Site B). Only after the assessment of the preferred site is completed will the different effects of locating the facility in one of the other 3 altemative sites be addressed (Attachment 1). Two of the altemative sites are on the lands identified for the Iter Project and will be eliminated if that project is awarded to Canada - - 673 - REPORT NO.: PSD-027-o2 PAGE 6 .. 3.5 3.6 The Draft EA Guidelines identifies the spatial boundaries of the EA as those areas that .. can be reasonably expected to be impacted upon by t! jis project. A Site Study Area, Local Study Area and Regional Study Area have been identified (Attachment 2). The ..- temporal boundaries establish over what period of time the effects of the project will be considered and include the construction and planned operational life of the facility. A - timeframe describing the longer-term residual affects are to be defined. .... Description of the Existing Environment The environment includes the biophysical and socio-economic environment. This .. component of the Draft EA Guidelines identifies and discusses the likely elements of the environment that may be impacted upon. .. Assessment and Mitigation of Potential Environmental Effects The EA Study report shall identify and describe the potential interactions b~tween the project and the environment, during construction and normal operations and during _ malfunctions or accidents. Those mitigation measures that may be applied and are technically and economically feasible shall be identified and described. Lastly, the .. significance of any environmental effects that will occur after the implementation of proposed mitigation methods shall be described. .. .... The consideration of envirOl.. 1tal effects is to be undertaken by project phase, .. completed in a systematic and traceable manner, and clearly documented in the EA study report. .. An "environmental effect" is defined to include any changes the project may cause in .... the environment, including any effects or changes in health and socia-economic conditions, physical and cultural heritage, use of lands and resources for traditional .. purposes by aboriginal persons, or on any structure, site or thing that is of historical or archaeological value. It shall also include any changes to the project that may be .. caused by the environmental regardless of whether the changes occur within or outside Canada. .. 674 .. .. - REPORT NO.: PSD.Q27.Q2 PAGE 7 - 3. 7 Assessment of Cumulative Effects and Significance of Residual Effects The assessment will consider the combined effects of this project with the effects of other projects or activities such as future industrial or development on adjacent lands. If potentially significant adverse cumulative effects are identified, other mitigation measures may be considered. - - - - The EA will consider the significance of the environmental effects and will determine, taking into account mitigation measures, whether the project will have any significant adverse environmental effects. The CNSC will document the conclusion of these effects in the screening report. - - - 3.8 Public and Stakeholder Consultation Program The Draft EA Guidelines requires the notification of and consultation with potentially affected stakeholders, including the local public. Various forms of media have and will be used to inform and gather comments from individuals, interest groups, and other stakeholders. OPG will be conducting the consultation program under the scrutiny of the CNSC. The screening report will summarize comments received during the EA process, and will indicate how issues raised have been considered. Lastly, the CNSC will hold a public consultation process in the review of the screening report, allowing people to comment of both the draft and final screening report. - - - - 4.0 COMMENTS - 4.1 Municipal staff worked with Acres and Associated in reviewing the Draft Environmental Assessment Guidelines for the Darlington Used Fuel Dry Storage Facility. The comments contained in Attachment 3 to this report reflect this review and are endorsed by the Planning Services Department. - - The peer review report identifies the following areas as requiring more emphasis and/or detail: - · That the project is for a temporary used fuel dry storage facility only; - · The long term integrity of the dry fuel storage containers over time; - 675 REPORT NO.: PSD.Q27-o2 PAGE 8 - · Information on the required modifications to the irradiated fuel bays and mitigation measures for any incidents; - · The need for an alternative plan for fuel storage if the dry fuel storage facility becomes unavailable/inaccessible for any reason; - · Assessment of siting alternatives should start with all four sites ("A", "B", "C", and "D"), and then an explanation of how Site "8" was selected; and ... · Assessment of cumulative effects should include cumulative impacts vllth the Iter Project. .... - Review and the preparation of this EA is very important to the Municipality. There is '" real risk that this project could be a step in transforming the nuclear generating station to a long-term nuclear waste facility. In no means should this EA be utilized to support a long term nuclear waste facility in this location. ... .. 5.0 CONCLUSION 5.1 The Draft EA Guidelines sets out a broad framework for the preparation o. ..ne EA study _ report for this project. The proponent is responsible for interpreting how the requirements of the EA Guidelines are to be specifically addressed through the various .... studies that will be undertaken through the EA. The primary responsibility for undertaking and reviewing the environmental assessment for this project lies with the proponent and the RA respectively. However, as the host municipality, Clarington is a key stakeholder in the process. In order to safeguard all current and future residents of Clarington, the Municipality must be completely confident that the findings of the EA fulfill this responsibility. As such, it is critical that the Municipality be consulted frequently as the environmental assessment progresses. .... - .... - It is recommended that the General Purpose and Administration Committee adopt this report and the comments of Acres and Associated and submit them to the CNSC before April 12th, 2002, as the Municipality's comments on the Draft EA Guidelines. .. .. .. 676 l1li .... - - - - - - - - - - - - - - - - - - - REPORT NO.: PSD.Q27-o2 PAGE 9 Attachments: Attachment No. 1 - Site Study Area Attachment No.2 - Local Study Area Attachment No.3 - Acres & Associated Report I nterested parties to be notified of Council and Committee's decision: Kurt Johansen, M. Eng., P. Eng. Project Manager - Environmental Assessment Nuclear Waste Management Division 700 University Avenue TORONTO, Ontario M5G 1 X6 Ms. Mary A. Mullan EA Project Manager Radiation and Environmental Protection Division Canadian Nuclear Safety Commission 280 Slater Street P.O. Box 1046 OTTAWA, Ontario K1P 5S9 Mr. Don Howard Licensing Project Officer Waste and Decommissioning Division Canadian Nuclear Safety Commission 280 Slater Street P.O. Box 1046 OTTAWA, Ontario K1 P 5S9 Sierra Club of Canada Suite 412 1 Nicolas Street OTTAWA, Ontario K1N 7B7 677 w (!) ~~ ~j i>CI) ~f3 CI) >Lrl~ air..... ~a~ Cl)WZ ~~~ -:;:!:z Cl)oo ~a:: ~~ .....w ~ - ~ - ~ .2>> LL a z w o w ~ ~ ~ o :z ID => ~ fl ~ ~ o CO) tr ~ Q. !!! ~ 13 ~ ~ I I I I ATTACHMENT 1 J I .. ! I ~ - s! '" ! ~ w ! .. CO) ;:! a " \ \ \~) \ . . . . . <f'-' .. ... ':\~ ~,. ~\ ~\ U".Jt , -",-/~' I ~--" t. .. \. t. I 'I . .'() , --.\. -$ . ---.., .l! ------ L 7 () Q/0 .. .... .. ~ g 2 N: e ~ ~ CD: -~ ~ ,; ~ ::' ~ 0; .,. . .. v . . o 0 '" . a. .. .. o IJJ rr ~ <t "'- - z :1 f 9 3 .. g~ ~I d! ~I !I ! .. .. .... ;!: e - .. - .. .. l('l("l 7, ~us ....n ll'IQ acn.: .. , .. - ATTACHMENT 2 N - ~ .. ::s ;;;- .2>> A U- 'I - Iii ~I - w , C) ~.... oz t;~ - i3m >idl oj? - ~o~ ~~ffi =>:E - -J~~ I-a:: ~~ -w .... ~ - - - - - - - - - - - 679 April 2, 2002 File: 2002-5856 - 5.0 .,...... ~~:oo A\ Environmental Scientists and Consulting Engineers ... .. Municipality of Clarington 40 Tanperance Street Bowmanville. Ontario LIe 3A6 ... .. Attention: Mr. David Crome, M.C.I.P., RP .P. Director - Planning and Development - Re: PEER REVIEW DRAFT ENVIRONMENTAL ASSESSMENT GUIDELINES FOR DUFDSF- .. Dear Mr. Crome: - Please find attached our comments on the "Draft Environmental Assessment Guidelincs" document (Febrwuy IS, 2002) that the Canadian Nuclear Safety Commission (CNSC) prepared for Ontario Power Generation (OPO) in connection with the Darlington Used Fuel Dry Storage Facility (DUFDSF). We have provided OUT comments from the viewpoint that they could be C011S1dered as the Municipality ofClarington's (the Municipality) comments. In this manner, you are free to adopt any, or all o( our comments as your own. An &-copy of our comments will also be forwarded to you to expedite the incorporation of our comments into your Staff Report. .. - .. We hope our comments will be ofassistance in addressing the concerns of the Municipality, and in formulating your Staff Report and reply to the CNSC _ .... Please do not hesitate to contact me at (905) 374-4470, or (416) 622-9502, should you have any questions concerning the above. - Yours truly, ACRES & ASSOClA TED ENVIRONMENTAL LIMITED .... ~~K .... Bruce G. Bennett, M.Sc. Project Manager .... M:\AandA\Profec:Is\2OO2\025858\colr"nlport..wpd .. Acres & Associar.oo EnvTrOl1mel1t.al Limitea 680 .. SZS-Zl FOUl SeUOJII Place, Toronto, Onlario 1191 6J8 4342 Queen SlrcCI, P.O..Box 1001, Ntqara 1'IIls, Oll*iO U116W1 .. TelepllOJle (416) 6n-9502 PaceimJlc: (416) 622-6H9 A TeJephoae (90S) 374-4470 Fac!tmUe (90S) 374-836S .. - - - ATTACHMENT 3 COMMENTS ON "DRAFT ENVIRONMENTAL ASSESSMENT GUIDELINES" FOR DARLINGTON USED FUEL DRY STORAGE FACILITY (DUFDSF) - 1 GENERAL COMMENTS - We note throughout the document that the terms "environmental assessment", "assessment", "screening", and "screening assessment" appear to be used interchangeably. It would reduce the confusion to municipal staff, councilors and the public at large if the term "environmental screening" could be used throughout to make it very clear to all concerned that the CNSC has determined that this is an "environmental screening" (rather than "a comprehensive study") in accordance with the requirements of the Canadian Environmental Assessment Act (CEAA). - - 2 COMMENTS ON "2.0 BACKGROUND" - - We recommend that the first sentence of this Section be modified to read ". . . to apply for authorization to construct and operate a temporary used fuel dry storage facility at the DNGS site until a permanent disposal facility becomes available sometime after 2025. " - The Municipality of Clarington (the Municipality) is very sensitive to the fact that this facility is being proposed as a temporary facility by GPG until a long-term management facility becomes available. Emphasizing the word temporary is consistent with: - · the statements made under Section 7.0 of the Draft EA Guidelines whereby, on page 4, it is stated that ''TIle long-term management of radioactive waste, including _ irradiated nuclear fuel, is being developed through separate federal legislation" and "Consequently, it is premature to examine long-term waste management alternatives as part of the scope of this project", and - - · the statements made under Section 9.0 of the Draft EA Guidelines whereby, on page 7, it is stated that long-term waste management options will not be considered as part of the Conceptual Decommissioning Plan for the reasons stated above. - 3 COMMENTS ON "3.0 APPLICATION OF THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT" - - We were unable to relate the capacity of the facilities (1500 dry storage containers)-as noted in the project description, to the capacity (100 t/a) noted in Part VI (t) (Nuclear and Related Facilities) of CEAA to confirm whether this is an environmental screening or comprehensive study under CEAA. Both the project description and Section 3.0 of the Draft EA Guidelines require this clarification. - - 6Rl - ... We suggest the following modification to the third sentence of the last paragraph of Section 3.0 of the Draft EA Guidelines: "At this time, CNSC staff is not aware of any potentially significant adverse environmental effects or public concerns. . . " This clarifies for municipal staff, councilors and the public at large more precisely what would warrant a referral to a mediator or review panel as per CEAA Section 25. .... .. 4 COMMENTS ON "4.0 IDENTIFICATION OF OTHER FEDERAL AND PROVINCIAL EXPERT DEPARTMENTS" .. No comments. 5 COMMENTS ON "5.0 DELEGATION OF ASSESSMENT STUDIES TO ONTARIO POWER GENERATION" .... As CNSC points out, Section 17(1) of CEAA allows the Responsible Authority (CNSC) to delegate the environmental screening to OPG. In our view, the product of OPG's environmental screening should be an environmental screening report. It then follows that CNSC's review of OPG's environmental screening report should be an "environmental screening review report". .. ... We note from Section 18(1) of CEAA that CNSC must only "ensure" that a screening is done and that a screening report is prepared. The fact that Section 17(1) allows delegation of the screening to OPG surely allows them to produce the screening report. ... .. 6 COMMENTS ON "6.0 PUBLIC REGISTRY" No comments. IlliI 7 COMMENTS ON "7.0 SCOPE OF THE PROJECT" Reference should also be made to the project description in this section to ensure a full understanding of all project activities. - 8 COMMENTS ON "8.0 FACTORS TO BE CONSIDERED IN THE SCREENING" ... The paragraph commencing "In accordance with subsection 16 (1) (e) of the CEAA. . . " quotes the incorrect subsection. It should be subsection 16(2). ... The Municipality of Clarington would, however, also like to see the requirements of subsection 16(1)(e) included in the screening, Le. the Need for the Project and the Alternatives to the Project. .. .. 9 COMMENTS ON "9.0 ASSESSMENT METHODOLOGY" Under Subsection 9.1 "Structure of the Screening Report" of the Draft EA Guidelines, we would like to see two additional sections in the screening report as per our comments on Section 8.0 noted above, i.e., the Need for the Project, and the Alternatives to the Project. .. .... 2 682 .. .. - - - As noted in our comments on Section 5.0 above, it is confusing to municipal staff, councilors and the general public to call the product of OPG' s environmental screening by another name (i.e. EA study report), and the product ofCNSC's review of the screening, a "screening report". - On page 5 of the Draft EA Guidelines under the "General Information, Design Characteristics and Normal Operations" part of Subsection 9.2.2, we would like to see a projection, by year, of the used fuel volumes which are expected to arise from the operation of the DNGS, as well as information on the storage capacity of the irradiated fuel bays. - - We are very concerned about the long-term integrity of the dry storage containers (DSCs) over time since there is no guarantee that a permanent used fuel disposal facility will be available even at the end of the 50-year design life of the DSCs. Therefore, on page 6 of the Draft EA Guidelines under the "General Information. Design Characteristics and Normal Operations" of Subsection 9.2.2, we would like to see reference made to the provision of more detailed information concerning the factors that affect long-term integrity. These include: - - - · Thermal stress induced concrete cracking (heat from the decay of radioactivity in the used fuel) · Radiation induced concrete deterioration such as radiolysis of moisture in concrete · Concrete aging · Corrosion and hydriding of metal components in the DSC - - We would also like to see reference made to the provision of more detailed information concerning (i) the proposed modifications to the irradiated fuel bays and (ii) mitigation measures in the event of an incident as this information is essential in the assessment of worker protection. - - In our opinion, inclusion of "Malfunctions and Accidents" as part of the project description in Subsection 9.2.2 of the Draft EA Guidelines is inappropriate and is more correctly placed (as it already is) in Section 9.2.5 (Assessment and Mitigation of Environmental Effects). Under this "Malfunctions and Accidents" heading, we also feel that a clear statement is needed which indicates that these events include "operations during fuel loading and transfer at the irradiated bays, transportation from the irradiated fuel bays to the dry storage facility and storage operations at the dry storage facility". - - - On page 7 of the Draft EA Guidelines under the "Assessment of Siting Alternative" part of Subsection 9.2.2, we feel that the assessment of the siting alternatives should start with all four sites (i.e., Sites "A", "B", "C" and "D"). An explanation should then be provided, in a logical manner, as to how Site "B" was selected as the preferred site, taking into account environmental and other considerations. In the last sentence of this part of Subsection 9.2.2, it is suggested that this sentence be modified to read ''The - - 3 6.83 - assessment of the differential effects will involve a detailed and quantitative, as well as qualitative, analysis". .. We are assuming that the air quality description of the existing environment, as noted on page 8 of the Draft EA Guidelines under Subsection 9.2.4, will include existing background radiation levels for a specified study area. However, we would also like to see this specified in the EA Guidelines for this project. .. ... There is considerable duplication regarding the significance of effects as noted in Subsections 9.2.5 (2), (4) and 9.2.7. It is recommended that the discussion regarding significance of effects should be removed from Subsections 9.2.5 (2) and (4) and incorporated into Subsection 9.2.7 since this is the appropriate sequence of events, i.e. significance is only determined on residual effects after application of mitigation, where feasible. Therefore: ... .. .. · On page 10 of the Draft EA Guidelines under Subsection 9.2.5 (2), the paragraph commencing "For each identified effect, the predicted magnitude, duration, frequency, timing, . . . " should be removed because this is the procedure for identifying the significance of effects. - · Subsection 9.2.5 (4) should be removed in its entirety and the three paragraphs comprising this subsection should be incorporated into Subsection 9.2.7 "Significance of the Residual Effects". ... ... We are concerned that there may not be an alternative plan for fuel storage if the dry fuel storage facility is unavailable for any reason - even temporarily. In this event, what are the viable storage options if the irradiated fuel bays run out of storage capacity for fresh used fuel discharged from the reactors - short of temporarily shutting down the nuclear station? We feel this issue needs to be identified and addressed as part of the contingency response/emergency response plan identified in Subsection 9.2.5 (3). ,. .. Recent events have also highlighted the issue of preparedness/response to unforeseen events (i.e., safeguards against nuclear material diversion or terrorist attacks). It is _ recognized that this issue is of utmost concern to both OPG and the CNSC and that the preparedness/response to these events is a high security matter and not for the public record. Nevertheless, we feel that a statement is needed in the Draft EA Guidelines that confinns that this very sensitive issue has/is being addressed by OPG and the CNSC. - .. On page 11 of the Draft EA Guidelines under Subsection 9.2.6 "Assessment of Cumulative Effects", no specific mention was made of the ITER project and the manner in which the planned siting for, and expected effects from, the ITER project will have on .. the DUFDSF project. Therefore, this section should be revised to include reference to the ITER project. II1II: .. - 4 6.84 .. .. - - With regard to the second paragraph on page 12 of the Draft EA Guidelines under Subsection 9.2.8 "Stakeholder Consultation", we would like to see it reworded as 'The stakeholder consultation program of Ontario Power Generation will be submitted to CNSC for approval prior to implementation. It will also be available for review and comment by other relevant agencies (federal, provincial and municipal) prior to implementation. Once CNSC approved, the stakeholder consultation program will be continuously monitored by CNSC staff throughout the environmental screening process." - - - 10 COMMENTS ON "10.0 ENVIRONMENTAL ASSESSMENT PROCESS" - We recommend a change in the title of this section to "Environmental Screening Process". We also recommend the following changes to the steps that are listed in this section. - · EA Project determination under CEAA (i.e. environmental screening or comprehensive study) (complete) · Establishment of Public Registry (complete) · Stakeholder notification of Public Registry? (complete) · Preparation of working draft of EA (or Environmental Screening?) Guidelines (complete) · Distribution of draft EA guidelines to proponent and federal and provincial authorities (complete) · Receive comments from federal and provincial authorities and prepare draft for public comment (complete) · Distribute draft EA Guidelines for municipal and public comment (in progress) · CNSC staff disposition review of municipal and public comments · Preparation Finalization of proposed EA Guidelines · CNSC approval of EA Guidelines · CNSC staff delegation of consultative and technical studies to the proponent · Distribution of draft tecARieal E,'\ st\:l(:ly screening report to review team (CNSC staff, federal and provincial authorities) and the Municipality of Clarington · Revision, as appropriate, of tedlAical Ef. study screening report and issue to relevant federaL. provincial and municipal agencies. and public notification · CNSC staff preparation of draft screening review report · Municipal and public review and comment on draft screening review report · CNSC staff dis(:'Josition review of municipal and public comments · CNSC completion of screening review report · CNSC issue of screening review report CMD for Commission consideration · Public notification of Commission Hearing · CMD presentation of screening report and screening review report to Commission Hearing (Day I) · Commission Hearing (Day 2) · Commission Hearing Record of Decision - - - - - - - - - - - 5 685 - 11 COMMENTS ON "11.0 CONCLUSIONS AND RECOMMENDATIONS FOR DECISION" .. We recommend that the first sentence read "screening review report" to avoid confusion with the OPG screening under CEAA. .. ... - .. - 'IIIIIIII .. .. .... ... .... .. .. - .. - 6 686 .. .. - - Cl~n REPORT PLANNING SERVICES - - Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Monday, April 8. 2002 Report #: PSD-028-02 File #: PlN 33.4.3 By-law #: - Subject: DRAFT SCOPE OF THE ENVIRONMENTAL ASSESSMENT FOR THE PORT GRANBY LONG TERM LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT PROJECT - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-028-02 be received; 2. THAT Report PSD-028-02 be approved as the comments of the Municipality of Clarington on the document entitled "Draft Scope of the Environmental Assessment for the Port Granby long-Term low-level Radioactive Waste Management Project," dated February 20, 2002 FORTHWITH; .... - 3. THAT a copy of Report PSD-028-02 and Council's resolution be forwarded to Natural Resources Canada; and - 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. - - Submitted by: Dav a. Crome, MCIP,R.P.P. Director, Planning Services Reviewed by: htJ!J1--R'\4 Franklin Wu Chief Administrative Officer - JAS*BN*DJC*df April 2, 2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 687 - REPORT NO.: PSD-02S-o2 PAGE 2 ... 1.0 BACKGROUND ... From 1955 to 1988, low level radioactive waste (LLRW) from the former Eldorado Nuclear Limited plant in Port Hope was deposited at a site in the former Township of Clarke. This site, known as the Port Granby Waste Management Facility, is licensed by the Canadian Nuclear Safety Commission but is not adequate for the safe long term storage and management of the waste. .. - .... In 2001, the Municipality and the Government of Canada announced the signing of a legal agreement under which both parties agreed to work towards developing a facility on the existing licensed site for the secure long-tenn storage and management of the LLRW. Under the terms of the Agreement, an environmental assessment (EA) for the Port Granby Project (the Project) will be undertaken pursuant to the Canadian Environmental Assessment Act (CEM). .. .. .. .. The scope of the Project and the scope of the factors to be included in the EA are determined by the Responsible Authorities (ie. federal decision makers) and are to be defined in a Scope document. On February 20, 2002.. Natural Resources Canada (NRCan), as the lead Responsible Authority (RA) for the Project, released a draft docume,,+.,,"titled "Scope of the Environmental Assessment for the Port Granby Lony- i arm Low-Level Radioactive V ...lste Management Project". .. .... - .. NRCan and the other RAs are requesting the public and other stakeholders to provide comments on the draft EA Scope document. The public consultation period runs from Monday, February 25, 2002 to Thursday, April 11 ,2002. The RAs will consider the comments provided in their final review of the EA Scope document. The finalized EA Scope document is expected to be released in May 2002. .. - -' - 688 .. - - - REPORT NO.: PSD-02S.Q2 PAGE 3 This staff report has two purposes. The first purpose is to provide Council with a brief overview of the Canadian Environmental Assessment Process and the draft EA Scope document for the Port Granby Project. The second purpose is to provide the Municipality's comments on the draft EA Scope document. Staff was assisted by the consulting firm Hardy Stevenson in the preparation of these comments. A summary of the comments is provided Section 5. The consultant's report is Attachment 1 to this report. - - - - - Public comments on the draft EA Scope document are also summarized in this report, including a letter submitted from Mr. John Stevenson considered by Council on April 2, 2002 and referred to staff. - - - A copy of the draft EA Scope document and the full text of the consultant's comments are available in the Planning Services Department for review. - 2.0 CANADIAN ENVIRONMENTAL ASSESSMENT PROCESS CEM provides for both RAs and the proponent for a Project to be identified. In addition to NRCan, the Canadian Nuclear Safety Commission (CNSC) and the Department of Fisheries and Oceans (DFO) have been identified as RAs for the Port Granby Project. The LLRW Management Office (LLRWMO) has been identified as the proponent for the Project and is responsible for preparing the EA study report. - - - - Once the finalized EA Scope has been released, the proponent will develop a program to outline the work required through the EA to meet the requirements of the Scope document. The RAs are responsible for ensuring that this work program, as well as the work undertaken for the EA, is performed in accordance with both the Scope document and the CEM. - - - 689 - .. REPORT NO.: PSD.Q2S-02 PAGE 4 .... As part of the EA, the proponent will develop alternatives means for the management of the waste in consultation with the Municipality and the public. Each of these alternatives will be assessed and, as the EA progresses, the proponent will narrow down the alternatives and develop a preferred alternative for undertaking the project in consultation with the municipality and the public. This preferred alternative will be reflected in the EA study report prepared by the proponent and submitted to the RAs for review. The RAs will use the EA study report as the basis for the preparation of a screening report and to make a determination under CEM regarding the significance of the environmental effects of the Project. ... .. .. ... ... 3.0 DRAFT ENVIRONMENTAL ASSESSMENT SCOPE DOCUMENT 3.1 Purpose and Description of the Project The draft Scope states that the purpose of the Port Granby Project: is: "to clean up and provide appropriate local long-term management of low-level radioactive wastes and marginally contaminated soils currently located in Clarington that are associated with the Port Granby Waste Management Facility." .. .. ... .. The Port Granby Project is described as consisting of "in-place stabilization of the low-level radioactive waste and marginally contaminated soils at the existing Port Granby Waste Management Facility, with possible relocation of some wastes to a waste management mound to be located within the boundaries of the present licenced site." This description of the Project reflects management option B2 recommended by Council in August 1999 and adopted by federal government as a potential solution for the long-term management of the Port Granby waste. - - - ... - .. 6GO - .. - - REPORT NO.: PSD-028-o2 PAGE 5 - - 3.2 Alternatives To the Project The draft Scope notes that since the 1970s, various efforts to resolve the issue of the Port Hope area low-level radioactive wastes, including those at the Port Granby site, were unsuccessful. As such, it is not considered appropriate to require that alternatives to the Project be evaluated in this environmental assessment. - - - 3.3 Alternative Means The draft Scope requires alternative means of carrying out the Project to be considered in the EA. Alternative means are the various ways that the Project can be implemented or carried out. Alternative means considered may range from alternative methods of development, implementation and mitigation, to alternative transportation routes and locations. - - - - The draft Scope suggests that the EA for the Port Granby Project should consider a number of alternative means, including the construction and operation of a long-term low-level radioactive waste management facility sited away from the Lake Ontario shoreline in the vicinity of the existing site. - - - 3.4 Type of Assessment The CEM provides for either a screening study or a comprehensive study to be undertaken, depending on the specific characteristics of a project. A screening level assessment is being prepared for the Port Granby Project, and is required to address the environmental effects of the Project, including any cumulative environmental effects, and appropriate mitigative measures. - - - A screening level assessment is not required to address as many factors as a comprehensive level assessment. However, the draft EA Scope document - 691 - REPORT NO.: PSO-o2S-02 PAGE 6 proposes to require the assessment to also address all of the factors required for a comprehensive study, including the need for and purpose of the Project, alternative means of carrying out the Project, and the need for and requirements of any follow-up program in respect of the Project. The draft Scope defines "environment" to include both biophysical components (atmosphere, geophysical, aquatic, terrestrial, and radiation) and the social and economic components (population, economic base, community infrastructure, renewable and non-renewable resource use, existing and planned land use, landscape, heritage, cultural or archaeological sites, recreation areas, and use by aboriginal persons). 3.5 Public and Stakeholder Consultation Program The draft Scope states that the EA should be completed in consultation with the public and other stakeholders, and that an extensive public consultation program must be established that keeps the community and stakeholders fully informed about the Project. 4.0 PUBLIC COMMENTS Members of the public have submitted the following comments to the federal government on the draft Scope: · The potential impacts from truck traffic on Lakeshore Road are not adequately addressed. · All of the waste should be stored in a remote site in northern Canada. Members of the former LLRW Advisory Committee appointed by Council in 1999 submitted the following comments to NRCan on March 28, 2002: · Alternative means to the Project must be considered in the EA, including 6QZ ... .. .. - .. .. .... - .. .. .. - .. .. - .. - .. .. - - REPORT NO.: PSD-02S-o2 PAGE 7 - the construction of a 15 to 20 metre deep trench on the north side of the site and the installation of a stainless steel barrier into the ground. This would intercept groundwater flow through the East Gorge and eliminate the need to move the waste form the Gorge. - - . The evaluation of an engineered storage mound on the north side of Lakeshore Road is completely unacceptable and would represent an "alternative to" the Project. - - . Concerned that the design selected by Clarin9ton Council is considered to be the "Reference Design" against which "alternative means" are compared. - - . The purpose of the Project should be "to stabilize the site so as to contain the waste materials for a minimum period of 500 years". - - - A second letter from Mr. John Stephenson, on behalf of former Advisory Committee members, was considered by Council on April 2, 2002 and referred to the Planning Department. This letter reiterated the comment on the "Trench Concept", and also requested Council to recognize and support their stakeholders group. The letter noted that it is very important that a group of citizens, preferably from the Port Granby area, be nominated by Council to represent local residents. The letter also questioned the adequacy of the present communication system being used by the federal government. - - - - In response to Council's direction, Staff has reviewed the letter from Mr. Stephenson and has the following comments: - - 695 - REPORT NO.: PSD-02S-o2 PAGE S .. · It is important that a number of alternatives to managing the waste be considered through the EA to ensure that the best possible option is selected. However, the EA cannot be restricted to only studying management options that involve in-situ stabilization of the site. The concept recommended by Council and the "Trench Concept" have not been subjected to the rigorous scrutiny demanded by the Canadian environmental assessment process. It is important that the EA examine all potential solutions to ensure that the management option selected is in the best interests of current and future residents. .. .. ... ... .. · The importance of an effective public participation program throughout the environmental assessment cannot be understated. Public acceptance of the Project cannot be accomplished without effective public participation and involvement. The draft Scope directs the proponent to develop an effective program to consult with the public and stakeholders throughout the EA process. This program should be developed in consultation with the Municipality and the public. In this way, the various stakeholders in the process, including the members of the former LLRW Advisory Committee and the residents in the vicinity of the existing site, can be assured that they will be able to effectively participate in the process of selecting the best option for the long term storage and management of the Port Granby wastes. .. .. - .. .. .... 5.0 MUNICIPALITY'S COMMENTS 5.1 The following is a summary of the Municipality's comments on the draft EA Scope document, including the comments provided by Hardy Stevenson. The full text of the comments provided by the consultant will be forwarded to NRCan under separate cover. .. - - .. 694 .." .. .. - - REPORT NO.: PSD-02S-Q2 PAGE 9 - Restructure EA Scope document The draft Scope appears to present the management option endorsed by Council in August 1999 as the preferred concept. This impression is further reinforced by the minimal discussion of alternative means and how they are to be evaluated. The draft Scope must be restructured to indicate that many alternative means to managing the Port Granby waste will be evaluated, and that each of these will be subject to rigorous evaluation and scrutiny. - . - - - Document the analysis leading to the 'Reference Alternative' The Oraft EA Scope Document states that the Port Granby Project consists of in- place stabilization of the low-level radioactive waste and marginally contaminated wastes at the Port Granby Waste Management Facility, with possible relocation of some wastes to a waste management mound to be located within the boundaries of the present licensed site. The choice of this alternative appears premature, given there are several key issues yet to be resolved with respect to this alternative. The preferred alternative should be established only after reviewing all other options available. - - - - - - Do not assess 'alternatives to' the Project Given the extent of previous efforts to relocate the waste, alternatives to the Project should not be considered. The legal agreement between the Municipality and the federal government is premised on a local solution to the problem. - - - Evaluate all reasonable alternative means to the Project It is important that the EA examine all reasonable alternative means to the long term management of the Port Granby wastes to ensure that the management option selected is economically and technically feasible and is in the best interests of current and future residents. - 695 - I REPORT NO.: PSD-02S.Q2 PAGE 10 Specify that alternative locations for the Project are to be on CAMECO lands The draft EA does not currently limit the area within which alternative locations for the Project may be considered. The EA Scope must speCifically state that these alternative locations shall be on CAMECO lands in the vicinity of the existing waste site. Identify and assess aI/local alternatives sites on CAMECO lands NRCan has indicated that several local Port Granby sites may be assessed on lands owned by CAMECO, but beyond the licensed site boundaries. These sites should be identified and assessed. The selection of the preferred alternative then needs to be justified based on a comparative evaluation of all site alternatives. Without a comparative evaluation, the EA runs the risk of eliminating alternatives under different and often inconsistent criteria and circumstances. Without a defendable case in the EA for the selection of the alternative, it could become hard to obtain general consensus on the alternative chosen for implementation. Given the need for a comprehensive evaluation of alternatives, the adequacy of a screening level assessment proposed in the EA Scope Document may have to be revisited, and potentially, a comprehensive level assessment could be required. A comprehensive assessment could understandably take longer to complete, require larger resources, and demand greater management attention on the part of the Municipality as a key stakeholder in the Project. Develop a criterion for passive care-taking It is necessary that the Project be designed so that the need for care-taking activities is kept to a minimum in the long-term. The ability to minimize long-term 696 .. - IIiIli .. .. .... .. .... ... .. .. ... - - ... .. .. ... .. - - REPORT NO.: PSO-o2S-02 PAGE 11 - maintenance is contingent on the technical merits of the site and the alternative considered in terms of long-term performance. The degree of care-taking required (i.e. passive management vs. against active management) should be considered as an evaluation criterion for the alternatives. - - - Expedite studies requested by Clarington Council The various studies commissioned by the Council are key to assessing the adequacy of the in-place stabilization concept. These studies should be expeditiously completed, peer reviewed. and information made available such that the EA Study could be appropriately structured in terms of the scope of the Project. - - - - Concept alternatives need to be assessed such as for the engineered Barrier, shoreline toe, and leachate collection systems The in-place stabilization concept relies among other things on an engineered barrier - steel sheeting -- to prevent groundwater from contacting the waste. Steel sheeting is susceptible to corrosion and degradation. There are other alternative ways for protecting the waste from groundwater intrusion, such as the use of bentonite clay or concrete. Other types of barriers should be assessed and the barrier of choice selected in the development of the alternative. There should also be additional evaluation of alternative means of developing the shoreline toe and leachate collection system. - - - - - Undertake detailed soil testing for contamination around the waste site Due to past hydro-geological history of the site, it is possible that the waste nuclides have migrated around the site potentially in soil plumes in the direction of the flow. This could put additional burden on the characterization of the buried waste and determination of the amount of waste that actually needs to be containe9 or relocated. Detailed soil testing studies should be carried out around - - - 697 - REPORT NO.: PSD-02S.Q2 .... PAGE 12 the waste to determine the extent to which radioactivity migration might have taken place. .. .. Study potential lake-bottom contamination along the shoreline and its cleanup. It is also possible that historical patterns of groundwater flow and wetting of the waste might have resulted in contamination of the lake bottom at the locations where the groundwater discharges to the lake. Studies should be undertaken to review this effect and put in place measures if needed to dredge the lake bottom and for its cleanup. .. .. .. .... Assess future changes in Lake Ontario water levels Long-term changes in Lake Ontario levels need to be assessed as part of the environmental assessment study. Factors such as climate change should be included. High water levels also need to be assessed. These changes should be considered in terms of potential effects on shoreline and near-shore erosion mechanisms. .... .. .. Include a full range of technical design options The environmental assessment study must include the assessment of the full range of technical design options, including assessment of socio-economic and ecosystem effects. .. .... - Assess impacts of loss of institutional control Any loss of institutional control during the long-term could result in breach ~f public and environmental safety once the control is lost. The EA should provide assessments of such a state of loss of control and its impacts on the public and the environment. .. .. III .. 698 III . - - REPORT NO.: PSD.Q2S.Q2 PAGE 13 - Describe necessary long term institutional control measures The Project description should include description of institutional control systems needed for providing long-term stewardship of the waste. This should include such things as: systems that are required; type of workers who will provide long term monitoring; financing; and the organizational set-up. - - - Assess long term land-uses To account for future land use changes in the vicinity of the site, long-term assessment of possible future land uses should be included as part of the environmental assessment study. Creation of amenities for the public should be developed as part of the facility design to offset visual impact, loss of aesthetics and other adverse effects from facility structures (such as shoreline engineering, storage mounds, and gorge modifications). - - - - - Expand the scope of consultatlon to include other governments and institutions The environmental effects from the Project will cross the established boundaries. These effects may include traffic, construction-related activities etc., and as such it is necessary that affected areas in Durham Region are included in the study scope. Durham Region, the Ganaraska Region Conservation, International Joint Commission and other organizations should be encouraged to become involved in the consultation process. - - - - Involve First Nations early In the process Local First Nations must be formally engaged in the consultation program on a government-to-government basis, starting from the early stages, such as the review of the Draft EA Scope Document. A formal consultation process should be expeditiously put in place with the First Nations. - - - 6q9 - REPORT NO.: PSD-02S.Q2 PAGE 14 .. Follow Privy Council Office principles on public consultation Proposed public consultation approach should be enhanced to ensure that the recent guidelines on consulting with the public, issued by Canada's Privy Council are incorporated into the public consultation program. More specifically, the EA Scope Document should describe how it would ensure adherence to the principles established by the Privy Council. .. ... ... Provide information beyond the Public Registry Accessing the Federal Environmental Assessment Index is not likely to be easy or convenient for the public. Furthermore, information available on the Federal Environmental Assessment Index is very limited. Channels of communications should be used that are more intuitive to the public and more widely known. ... - - Define roles and responsibilities of other federal and provincial departments The Draft EA Scope Document identifies several relevant departments that will participate in the environmental assessment. Additional detail is needed t. describe the nature and type of interactions with those Departments and participation that is planned. .. - ... - Evaluate the Public Consultation Process A public consultation process can typically be evaluated through review of the proposed activities and activities actually completed against the process expectations such as the Privy Council guidelines. The quality of the public consultation process should be evaluated using a 'consecutive evaluation' approach at the end of each significant step of the EA study. ... - ... .... .. 69~O' III ... .. - - REPORT NO.: PSD-028-o2 PAGE 15 - Provide a full opportunity for Clarlngton residents to participate in the EA process A comprehensive community consultation program should be developed that provides communities not only opportunities to review and comment, but to be part of the decision-making process. The following specific recommendations are provided: - - '- - · Involve communities in deciding what constitutes "economic" or "technical" feasibility. Work with communities to also identify "environmental" and" social" feasibility as additional evaluation criteria. Specify how evaluation criteria are to be weighed and ranked. - - · Involve the Council, staff, the local community and other stakeholders in decisions on what constitutes a 'valued ecosystem component'. In addition, these stakeholders should be involved in reviewing scopes of work and results of various studies such as exposure pathway modeling and socio- economic studies. - - - - · The community involvement should be part of a larger long-term program that extends throughout the life of the facility. It is only with full community involvement that public acceptance can be eventually sought, and not otherwise. It is also necessary to evaluate the contingency of not being able to obtain public acceptance to the Project. - - - · Community education programs including radiation and radiation safety should be part of the communications process so as to alleviate community concerns on the overall safety of the Project. - - 69902 - ... REPORT NO.: PSD-028-o2 PAGE 16 .. Provide for Municipal input on public consultation plan There is an opportunity for some of the issues raised here to be resolved through the preparation of a 'public consultation plan'. A formal document should be prepared and Council should have the opportunity to provide input to this document. The criteria provided earlier should assist in evaluating consultation plan proposals. .... .. .. · The EA Scope Document requires that a proposed 'public consultation plan' be submitted to the RAs for review in April-June 2002. Clarington Council, staff, residents and other stakeholders should be allowed to comment on the proposed public consultation plan before the plan is finalized. .. .. .. · The consultation plan should use a variety of methods for soliciting, tracking and responding to community concerns. A stakeholder list should be maintained. All community concerns should be methodically addressed using tracking and response mechanisms with full disclosure of information. ... .... .. · There should be opportunities to review and comment on documents and decisions at key stages of the process. Decisions made during the EA should be 'transparent' - the public should be able to clearly see who is making the decision and understand how the decisions are being made. .. .. Clarify assumptions for the socio-economic impact analysis Assumptions to be made in Socio-Economic Impact Analysis should be clarified at the outset of the study to ensure that all factors have been addressed. It may also be helpful to arrange the socio-economic analysis according to the phases (environmental assessment phase; construction; operation and maintenance; if applicable, decommission/abandonment) of the project considering different situations and impacts that may arise across different phases. .. - .. .. 6Q903 .. ... - - REPORT NO.: PSO-o28.Q2 PAGE 17 - - Use a range of methodologies to assess socio-economic and soclo-cultural effects Given the long-term horizon of the project, it is important to use a range of methodologies in projecting anticipated effects. Besides "straight line" projections, the EA Scope Document require assessors to consider using the following as tools to examine anticipated effects: · Comparisons of effects in similar or related projects; · Frameworks from social science theories and effects that would be predicted should the theory play itself out (e.g., diffusion of innovations, environmental stress theory); · Expert testimony; · Multiplier methods; · Calculation of scenarios if certain conditions are not available (e.g., if there is no lakefront recreation, how does this impact other variables). - - - - - - - - Implement meaningful tlmellnes Rather than adopting rigid time periods for comment, EA timelines should be established and refined on the basis of sensible criteria. Using criteria will ensure that sufficient time is allocated to the required tasks, that these tasks are conducted at an appropriate time, and that adequate input is provided through public consultation. The criteria leading to the selection of specific timelines should include the following factors: · The volume of work to be undertaken at each step · Appropriateness of the proposed sequence of activities · The need for full year or multi-season baseline data (e.g. groundwater elevations) - - - - - - ~9904 - REPORT NO.: PSD.Q28-o2 PAGE 18 · The need for work to be conducted at the appropriate season (for example, biological inventories in spring/summer) . Urgency · Timely production of responses to submissions Implement meaningful and sensible timelines for Clarington consultation activities Sensible timelines should also be developed for obtaining public consultation within the Port Granby EA process for Clarin9ton consultation activities taking into consideration the following factors: · The volume and complexity of material to be reviewed · Whether consultation opportunities are timed so that there is an opportunity to comment at critical stages of the process · Reasonable timeframes for review and production of a formal response where required (for example, considering the review cycle of a municipality, and traditional breaks such as summer, spring break, and elections) · Seasonal commitments of stakeholders and the public (e.g. public and religious holidays, farming activities, seasonal presence of cottagers, more relevant to timing of public events than review of documents) · Issues requiring more time to resolve with the proponent · Extent to which the public is kept informed of the progress of the project and technical findings on an ongoing basis, rather than being faced with intermittent release of large volumes of new technical material · Extent to which stakeholders and the public have the benefit of government responses to the relevant material when making comments ~99D5 ... .. .. - .. .. .... .. .. .. .. .... ... - .. .. .. .. .... - - REPORT NO.: PSD.Q2S.Q2 PAGE 19 - · Whether stakeholders will need to retain additional expertise to review the material - · Extent to which the proponent is prepared to be flexible when the public has difficulty in meeting deadlines - - Change sequencing of definition of alternatives and assessment- The Draft EA Scope Document calls for the environmental effects to be assessed before alternatives are established. These steps need to be reversed. The evaluation of potential effects should not be undertaken until the design and nature of the project have been established or confirmed through the consideration of altematives. If the project does change as a result of the consideration of altematives, time and effort used for assessment Would be wasted and additional time would be required to redevelop baseline data and to evaluate changes. - - - - - Establish protocol for responding to submissions The EA Scope Document should specify the proponent's protocol for responding to concerns and requests for information in the Consultation Plan. - - 7.0 CONCLUSION The EA scope document for the Port Granby Project must establish an appropriate framework for the environmental assessment process to ensure that the option selected for the long-term management of the Port Granby wastes is in the best interests of current and future residents of Clarington. In this regard, a full evaluation of all viable options is required. As well, ensuring the effective partiCipation of the Municipality and the public throughout the entire EA process is critical. - - - - - 69906 - .. REPORT NO.: PSD-02S-o2 PAGE 20 .. Attachments - Attachment 1 - Port Granby Long-Term Low-Level Radioactive Waste Management Project - Strategic Review and Recommendations to the Municipality of Clarington on the Scope of the Environmental Assessment and Public Consultation; Hardy Stevenson and Associates Limited, April 2, 2002 forwarded under separate cover) .. .. Interested parties to be notified of Council and Committee's decision: - Sharon Baillie-Malo Uranium and Radioactive Waste Division Natural Resources Canada 580 Booth Street Ottawa, ON K1A OE4 .. .... Mike Rostetter, Chief Administrative Officer Municipality of Port Hope 56 Queen Street P.O Box 117 Port Hope, ON L 1 A 3V9 .. .. Mr. John Stephenson 5300 Old Scugog Road Hampton, ON LOB 1 JO .. - .. .. - .. .. .. 69907 .... - - Clw:-!J!glon REPORT - PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, April 8, 2002 - Report #: PSD-029-02 File #: A2002/002, A2002-009, By-law #: A2002/011, A2002/014 &A2002l015 - Subject: MONITORING THE DECISIONS OF THE COMMITTEE OF ADJUSl'MENT FOR THE MEETING OF MARCH 21, 2002 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Repot PSD-029-02 be received; and - 2. THAT Council concurs with decisions of the Committee of Adjustment made on March 21,2002 for applications A2002/002, A2002/011, A2002/014, and A2002l0t5 and that Staff be authorized to appear before the Ontario Municipal board to defend the decisions of the Committee of Adjustment. - - - Submitted by: Da Id rome, MCIP, R.P.P. Director of Planning Services , Reviewed by: J J ~-~ Franklin Wu, Chief Administrative Officer - - SA *DJC*sh March 27, 2002 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 . 69908 REPORT NO.: PSD.Q29-o2 PAGE 2 .. 1. 1.1 APPLICATION DETAILS .. All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the lIIIIi minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are detailed below. .. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MARCH 21, 2002 Application Number I Staff Recommendation ! Decision of Committee A2002/002 I Partially Approve Partially Approved I A2002/009 I Deny I Approve with conditions ... ... , A2002/0 11 Approve Approved A2002/0 14 Approve Approved A2002/015 Approve Approved ... .. 1 .2 At the March 7, 2002 meeting application A2002/002 was TABLED to the next Committee of Adjustment as the applicant did not have a sign posted for 10 days prior to ~ the hearing and thus did not meet the requirements of the Planning Act. The sign was posted in conformity with the Planning Act and thus Committee considered and approved .. the application. 1.3 Application A2002/009 was tabled at the March 7, 2002 meeting to allow the applicant time for discussion with Staff and to provide the Committee of Adjustment with more detailed elevation and building drawings so they could make a more knowledgeable decision. The applicant's new drawings reduced the amount of the minor variance from ... 1.5 metres to 0.6 metres. Although Staff recommended denial, Committee approved the revised application, subject to their approval of the building permit drawings. Committee ... was of the opinion that the increase was minor in nature and that with further architectural detailing the proposed detached garage would not have an industrial-like .. appearance and fit into a residential area. Planning Staff recommended denial as they did not find the proposed accessory building desirable for the neighbourhood, however ... as no abutting property owners were in objection to this application and the applicant has agreed to blend the architecture of the accessory building with the proposed dwelling, ... ... .. 69909 ... ... - REPORT NO.: PSD.Q29.Q2 PAGE 3 - thus reducing it's industrial-like appearance, Staff do not feel an appeal to the Ontario Municipal Board is warranted. - - 1.4 Staff has reviewed the Committee's decisions. With the exception of the decision on A2002/009, staff is satisfied that the applications are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment decisions is required in order to afford Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: - - - Attachment 1- Periodic Report of Committee of Adjustment - - - - - - - - - - - 69910 - AT iACHMEINT 1 (j. fl L'~ IlIIII .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: WAITE, BRIAN WAITE, BRIAN 12 CARVETH CR." NEWCASTLE VILLAGE PART LOT 29, CONCESSION BF FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2002/002 .. - .. PURPOSE: TO PERMIT AN EXISTING GAZEBO & HOT TUB BY REDUCING THE REQUIRED REAR.. YARD SETBACK FROM 3.5 METRES TO 0.18 METRES AND TO PERMIT AN EXISTING DECK BY REDUCING THE REQUIRED SIDE YARD SETBACK BETWEEN LINKED DWELLINGS FROM 1.2 METRES TO 0.98 METRES. .. .. DECISION OF COMMITTEE: THAT THE DECK BE APPROVED AT 0.98 M SETBACK SUBJECT TO THE APPLICANT OBTAINING A LETTER OF CERIFICATION FROM THE SUBDIVISION ENGINEER & REMOVING THE HOT TUB & GAZEBO WITHIN 6 MONTHS. .. .. .... DATE OF DECISION: March 21,2002 LAST DAY OF APPEAL: April 10, 2002 .. .. .. .. .. 6991 J .. .. - - - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - APPLICANT: SOPER,GARY OWNER: GALLANT, CAREY PROPERTY LOCATION: 2095 NASH RD." DARLINGTON PART LOT 22, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2002/009 - - - PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING WITH A HEIGHT OF 5.6 METRES INSTEAD OF THE MAXIMUM PERMITTED 5 METRES. PREVIOUSLY THE APPLICANT WAS REQUESTING A MAXIMUM HEIGHT OF 6.5 METRES. - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED SUBJECT TO THE COMMITTEE OF ADJUSTMENT'S APPROVAL OF THE BUILDING PERMIT DRAWINGS, AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. - - - DATE OF DECISION: March 21,2002 LAST DAY OF APPEAL: April 10, 2002 - - - - 69912 - .. IIIIIIi PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT IllII APPLICANT: OWNER: PROPERTY LOCATION: MEADOWS, KIM & TOM MEADOWS, KIM & TOM 89 QUEEN ST." BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2002/0 11 IllII .. FILE NO.: IllII PURPOSE: IllII TO RECOGNIZE AN EXISTING SHED WITH A REAR YARD SETBACK OF 0.91 METRES AND EASTERLY SIDE YARD SETBACK OF 0 METRES INSTEAD OF THE REQUIRED 1.2 METRES. IllII .. DECISION OF COMMITTEE: THAT THE APPLICATION AS AMENDED BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. .. IllII IllII DATE OF DECISION: March 21,2002 LAST DAY OF APPEAL: April 10, 2002 IllII IllII - f/IIIj IllII 69913 .. IllII - - - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - APPLICANT: OWNER: PROPERTY LOCATION: FABRICIUS, ROLF FABRICIUS, ROLF- 5456 BETHESDA RD." DARLINGTON PART LOT 7, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON A2002/0 14 - FILE NO.: - - PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING, 5.59 METRES IN HEIGHT, INSTEAD OF THE MAXIMUM PERMITTED HEIGHT OF 5.0 METRES. - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. - - - DATE OF DECISION: March 21, 2002 LAST DAY OF APPEAL: April 10, 2002 - - - - 69914 - .. a. 11 J[JlJgtn ... .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: J. D. BARNES GREEN MARTIN HOLDINGS L TD 26 HAMMOND ST." BOWMANVILLE PART LOT, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE A2002/0 15 .. .... PURPOSE: TO RECOGNIZE AN EXISTING DWELLING WITH A SIDE YARD SETBACK OF 1.11 METRES INSTEAD OF THE REQUIRED 1.2 METRES. .. ... .. ... DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. ... .. .... DATE OF DECISION: March 21,2002 LAST DAY OF APPEAL: April 1 0, 2002 - ... .. .. - 69915 .. L L L L L L L L L L L L L L L L L L L . a. NJl}gtOO REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Apri18,2002 Date: Report #: COD-018-02 File#_ By-law # Subject: CL2002-4, ONE (1) CLASS 7 MOTOR GRADER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: _ . 1. THAT Report COD-018-02 be received; 2. THAT Champion Road Machinery Sales, Brampton, Ontario, with a total bid in the amount of $218,615.00 (inctuding taxes and trade-in), being the lowest responsible bidder meeting all tenns, conditions and specifications of Tender CL 2002-4,:~ awarded the contract to supply One (1) Class 7 Motor Grader, as required by the Muntdpality of Clarington, Operations Department; and 3. THAT the funds be provided from the 2002 Operations Equipment Reserve Account # 2900-00010-0000. Submitted Reviewed bYU ~:~ Franklin Wu, Chief Administrative Officer rie Marano, H.B.Sc., C.M.O. Director of Corporate Services t~~, - Fred Horvath, RDMR, RRFA, Director of Operations MM\LAB\FH\km C:\Documents and settings\caO:\Lo:al Settf~?rrrary Internet Files\OLK19\COD-18-021.doc REPORT NO.: COO-G18-G2 PAGE 2 'J J J J J J J J J J J J J J J J J J J BACKGROUND AND COMMENT Subsequent to Council approval of Report COD-010-02 requesting early budget approval, tenders were publicly advertised and invited for the supply and delivery of One (1) Class 7 Motor Grader, as required by the Operations Department. Tenders were received and tabulated as per Schedule "A" attached. It is staffs opinion that the trade-in offered ($72,500.00) for the 1993 Grader exceeds that which would be realized at the Regional Auction Sale and it's therefore recommended that it be accepted. After further review and analysis of the tender by Operations and Purchasing, it was mutually agreed that Champion Road Machinery Sales, Brampton, Ontario, be recommended for the contract to supply and deliver One (1) Class 7 Motor Grader, to the Municipality of Clarington, as required by the Operations Department. The required funds in the amount of $218,615.00, is within the 2002 Capital Budget allocation of $255,000.00. The Finance Director has reviewed the funding requirements and concurs with the recommendations. Queries with respect to department needs, specifications. etc., should be referred to the Director of Operations. The subject firm has previously provided satisfactory service for the Municipality of Clarington CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 C\Documents and Settings\ca01\Local setlingf'~rlf2ary Internet Files\OLK19\COD-18-021 doc L L L L L L L L L L L L L L L L L L L Municipality of Clarington Schedule "A" BID SUMMARY CL2002-4 ONE (1) CLASS 7 MOTOR GRADER BIDDER Champion Road Machinery Sales Bram ton, ON Toromont Concord, ON Equipment Sales & Service Toronto, ON TOTAL BID A $218,615.00 $224,069.45 $462,185.00 ,: Documents and seUingS\ca01\L01' iU:3',TemOOrary Internet FilesiOLK19\COO-18-021.doc J j J J J J J J J J J J J ] J J J J J .... .... ... ... t l.. i.. f. .... l.. ... ... , f ... \ ... . l L L l ... i.. , '- i: .... CliJr-!lJgton REPORT ADMINISTRATION Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 8, 2002 Report #: ADM04-02 File #: By-law #: Subject: Canadian Association of Nuclear Host Community RECOMMENDA liONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT ADM Report 04-02 be received. 2. THAT Council approve the Municipality of Clarington's membership in the Association of Nuclear Host Community and further that the Mayor and the CAO be authorized to represent the Municipality and to participate in all actions and activities of the Association as deemed necessary. c ~O~~ Submitted by: Franklin Wu, Chief Administrative Officer FW*jla CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO UC3A6 T 905-623-3379 F 905-623-5717 1401 REPORT NO.: ADM04.Q2 PAGE 2 J J J J J J J J J J J J J J j J J J J 1. BACKGROUND In mid-2001 several nuclear host communitie4s including Clarington met and discussed areas of m~tual interest regarding issues that are common to our ongoing relationship with the nuclear industry. Issues such as globalization of the industry, support at Canadian Nuclear Safety Commission (CNSC) hearings, taxation and assessment, waste management and economic development opportunities were common to all nuclear host communities. It is on this basis that a formal association was suggested to allow for ongoing dialogue, sharing ideas and concerns, mutual collaboration, ongoing education as well as learning from each other. In addition, the association would allow for stronger community representation with the nuclear industry through formal political networking with other nuclear host communities. For example, the recent effort of the Mayors of Clarington, Pickering and Kincardine addressing the House Committee on Bill C-27 is an example of the need of working together to form a stronger common voice. 2. COMMENT 2.1 Over the last several months, the CAO of Kincardine has undertaken to draftthe terms of reference for the new Association. These terms of reference have been reviewed by the City of Pickering, Town of Deep River, Town of Point Lapreau, New Brunswick, Gentilly District, Quebec and Clarington. Our comments and input have been incorporated in the final draft attached to this report. 2.2 The launching of the Canadian Association of Nuclear Host Communities will be held on June 1 in conjunction with the Federation of Canadian Municipalities Conference in Hamilton, Ontario. The Mayor and CAO will be attending with other Mayors and CAO's of the municipalities to collectively launch the new association. 2.3 Annual membership in the Association is a modest $500.00 and this Corporate membership will be the same as our membership in AMO. 1402 ... REPORT NO.: ADM04.Q2 PAGE 3 ... .... 3. CONCLUSION ... Clarington welcomes the opportunity to be a founding member of the new Association which should be of benefit to us as we build a solid network with other communities to learn and share ideas with each other and be able to present a stronger voice on issues of the common interests to the members. .... .... .... .... ... .. ... I ... L i. ~ I.. " ... I.. 1403 ... Final Draft ANHC Summary - Master Copy A IT ACHMENT Revised February 7, 2002 THE CANADIAN ASSOCIATION OF NUCLEAR HOST COMMUNITIES (the "Association") SummarY qiMemorandum of Association 1. Name The name of the Association will be the Canadian Association of Nuctear Host Communities (CANHC). 2. MI88lon To ensure the Nuclear Host Communities maintain the best interests of their communities in an ongoing proactive relationship with the Nuclear Industries contained therein. 3. Objectives The objectives of the Association are: a) to promote the common interests of the members through coUectJve action; b) to enhance members' influence on nuclear policy made by governments, regulatory agencies and the nuclear industry in Canada; c) to gather and share information about nuclear energy matters and increase pUblic awareness of community issues related to the nuclear industry in Canada; d) to share the experiences of the member nuclear host communities to further enable the ASSOCiation to achieve its principal Objectives; e) to gather and share perspectives of members and non-members of the Association regarding nuclear issues. The Association is not to be carried on for the purpose of gain for its members. 4. Membership Membership is open to any person or corporation interested in furthering the objectives of the Association. The board of directors may grant or revoke membership in accordance with rules established by the Board from time to time. A member may terminate their membership voluntarily or may cease to be a member upon the occurrence of' certain prescribed circumstances. Membership dues are: 1404 J J J J J J J J J J J J J J J J J J j ... ... ... ... ... .... ... .. ... ... tilt .. i.. $ .. .. 6. .. - - - 2 Final Draft ANHC Summary Master Copy - Revised February 7th, 2002 · $500 per year per member municipality (Class A - voting share and board eligible); · $1,000 per year per associate member (Class B - non-voting share and non-board eligible). Membership fees may be altered by majority vote of the members at the Annual General Meeting of the Association. 5. Meetings of Members Members shall hold an annual general meeting. Special meetings may be called by the board of directors or the Chairperson of the Board or may be requisitioned by 50% of the members. The members have the right to remove the board of directors by a simple majority should a general meeting be called and 75% of members attend. Meetings shall be held at the location determined by the board of directors from time to time. There will be provisions regarding notice of meetings, telephone partiCipation at meetings or the holding of meetings by other electronic means. The chairperson of the meetings will be the Chairperson of the Board. (The Chairperson of the Board is appointed by a simple majority vote of Board of directors). The quorum required to hold a valid members' meeting is a majority of the members. Members may vote by pre-identified proxy and unless otherwise required in the by-laws, questions requiring member approval shall require majority approval. Written resolutions are permitted where all members sign the resolution. The chairperson of the meeting may have the casting vote in case of an equality of votes. In the case of a tie vote, the question shall be deemed to have been decided in the negative. Directors The members shall determine the number of directors yearly. Directors are responsible for the management of the Association. The Directors shall enact by-laws to manage the affairs of the Association. Decisions of the directors to enact, amend or repeal by-laws require the approval of a majority of the directors present at the meeting. 1405 3 Final Draft ANHC Summary Master Copy - Revised February 7th, 2002 1406 J J J J J J J J J J J J J j J J J J J The initial directors shall be one person from each member municipality (Class A). Each Class A member shall select their own director. 7. Officers The Board of Directors must appoint a Chairperson and Vice-Chairperson from amongst its directors. The Board of Directors shall also appoint a Secretary and Treasurer, which will be administrative, non-voting positions. 8. Committees The directors may constitute committees to assist them in carrying on the affairs of the Association. 9. Submission of Contracts or other Matters to the Members for Approval The board of directors may submit contracts, acts, press releases or other matters to the members for their approval and ratification. All releases shall be done by ratification of the member municipalities. 10. Indemnity of Directors and Officers The association and the members shall purchase liability and indemnity insurance protection. 11. Financial Matters The board of directors is required to make financial arrangements with a financial institution. Unless the by-laws provide otherwise, all cheques- or similar instruments require the dual authorization (e-mail okay) of twctof the following: chairperSOn/secretary/treasurer, resulting in one signature being valid for cheques. 12. Amendment of Memorandum The members may amend the Memorandum if the consent of two-thirds of the members present at a meeting of members is obtained. 13. Dissolution of Association The members may dissolve the Association upon the approval of two- thirds of the members present at a meeting of the members.