The URL can be used to link to this page

Home My WebLink AboutPSD-021-09~Iarin~ton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMIITTEE G( Date: Monday, February 23, 2009 ~~Iu~o~I~~P~--~33~ ! Report #: PSD-021-09 File #: RE 9.3, RE 6.9.11 By-law #: and RE 6.9.4 Subject: EXCHANGE OF LANDS WITH CLOCA, BOWMANVILLE VALLEY LANDS AND LONG SAULT CONSERVATION AREA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-021-09 be received; 2. THAT the land exchange proposed by the Central Lake Ontario Conservation Authority be APPROVED in principle; 3. THAT Staff be directed to take all necessary action to resolve the outstanding issues surrounding the long-term use of the landfill north of Longworth Avenue and erosion control/monitoring of the Bowmanville Creek south of Longworth Avenue; 4. THAT a further report be brought back to Council with the details of the land exchange; and 5. THAT. all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Dawd J. rome, MCIP, RPP Director of Planning Services Reviewed by: v '`~`~'~" - ~-'~1., Franklin Wu, Chief Administrative Officer FUsh 5 February 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-021-09 1.0 BACKGROUND PAGE 2 1.1 The Central Lake Ontario Conservation Authority (CLOCA) approached the Municipality of Clarington with the concept of transferring the lands that the Municipality owns within the Long Sault Forest and in proximity of the Long Sault Conservation Area in exchange for eight parcels of land (Schedule 1) that are owned by CLOCA in the Bowmanville Valley (Attachments 1 and 2). 1.2 CLOCA's Bowmanville Valley lands extend from north of Longworth Road down through the Bowmanville Valley to the mouth of the creek. CLOCA would retain ownership of and be responsible for the management of the Westside Marsh and Bowmanville (Port Darlington) Marsh, both provincially significant wetlands. Some of the land CLOCA is proposing to transfer to the Municipality are already the subject of lease agreements between the Conservation Authority and Municipality and the management of the areas would be better served by Municipal ownership of the lands. 2.0 COMMENTS 2.1 The one parcel that the staff does not recommend to be acquired is the former landfill site, CLOCA will retain ownership. However CLOCA is willing to provide a right of access and easement for a future trail system. The Municipality would provide an access easement across our lands to CLOCA for maintenance purposes. 2.2 The Engineering Services Department and Operations Department have been consulted with regard to their issues. The Engineering Services Department has identified the erosion of the Bowmanville Creek south of Longworth Avenue in the vicinity of Jackman Road and Linden Lane as a concern. CLOCA has been monitoring the erosion and have had repair works carried out by the developer as part of the subdivision agreement; a more detailed examination of the area in the spring will be required to determine if the slopes have stabilized and the. bio-engineering is performing as anticipated. 2.3 The Oak Ridges Trail Association have developed an off-road portion of their trail through the Municipal lands at Long Sault with our oversight and agreement. The Conservation Authority has a working relationship with ORTA for other portions of their trail. This portion can be added to the same agreement. 2.4 In the future, should the Conservation Authority at some point wish to dispose of the lands at Long Sault or cease to exist, provision would be made for the ownership of this parcel to revert to the Municipality. 2.5 On February 18th it is anticipated that the CLOCA Board of Directors will endorse in principle the proposed exchange of lands with the Municipality of Clarington. REPORT NO.: PSD-021-09 3.0 NEXT STEPS PAGE 3 3.1 If the Engineering Services and Operations Departments can be satisfied with regard to the erosion works and monitoring concerns in the area south of Longworth Avenue and any other operational issues that are identified, the land exchange can proceed. The next steps necessary would be: • The property being Part Lots 1 and 2, Concession 9, former Darlington Township, Roll Number 181701011022800, approximately 57.5 ha, in the Long Sault Conservation Area be DECLARED surplus; • The property be conveyed to the Central Lake Ontario Conservation Authority in exchange for 8 properties set out in Schedule 1 attached of this report, approximately 45 ha in the Bowmanville Urban Area, 81ong the Bowmanville valley; • The Municipality of Clarington will be responsible for the nominal costs associated with the disposal of the Long Sault Conservation lands including, but not limited to, the cost of any public notices or advertising, land transfer tax, survey costs, legal fees and registration costs; and easements over the landfill lands; • CLOCA would be responsible for the nominal costs associated with the disposal of the valleylands including, but not limited to, the cost of land severances, easements, land transfer tax, survey costs, legal fees and registration costs; • The Mayor and Clerk be authorized to execute all documents necessary to register required easements and convey the lands to the Central Lake Ontario Conservation Authority providing they are to the satisfaction of the Municipal Solicitor; and • A By-law be prepared to authorize the Mayor and Clerk on behalf of the Municipality execute the offer from the Central Lake Ontario Conservation Authority for the lands in the Bowmanville Valley. 4.0 CONCLUSION The Municipality's By-law (95-22) that established procedures governing the sale of real property provides for the exchange and transfer of real property in accordance with the Municipal Act and upon the recommendation of the Director of Planning Services; providing that the exchange achieves the objectives of a land use plan of the Municipality.. In this case the lands in the Bowmanville Valley are identified in the Official Plan as Environmental Protection and are considered to be part of the ongoing development of the trail and park system in the Bowmanville Valley. The lands at Long Sault are identified as part. of the Environmental Protection Area and Natural Core Area of the Oak Ridges Moraine; they would be better managed as part of the Management Plan the Conservation Authority has developed for the Long Sault Conservation Area. REPORT NO.: PSD-021-09 PAGE 4 Attachments: Attachment 1 - Bowmanville Valleylands showing transferable CLOCA lands Attachment 2 - Long Sault Conservation Area showing transferable MOC lands Interested parties to be notified of Council's decision: Russ Powell, CAO CLOCA Frank Lockhart, Valleys 2000 Harold Sellers. ORTA Schedule 1 Attachment 1 To Report PSD-021-09 Legend Area ® Transferrable CLOCA Lands M.O.C. Lands CLOCA Lands ~~ N W~ Lake Ontario E s Owners CjallIlgCOIl Bowmanville Valleylands Showing Transferrable CLOCA Lands ~~ Attachment 2 To Report Psn-m1_na N .a C cv J V 0 _d R L L L ~3 0 m L Q ~..~ ~.+ C J ~3s ~~ 830