HomeMy WebLinkAboutWD-51-97;.
REPORT #7
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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` REPORT
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Meeting: SPECIAL MEETING OF COUNCIL File # % ~ ~- ~T
Date: AUGUST 18, 1997 Res.#[~~7n?-97
By-Law #
Report #: WD- 51- 9 7File #:
Subject: APPLICATION TO STOP UP AND CLOSE A PORTION OF THE ROAD
ALLOWANCE KNOWN AS WAVERLY ROAD IN BOWMANVILLE AND TO
CONVEY THE SAME TO BLUE CIRCLE CANADA INC. (ST. MARY'S
CEMENT)
PROPOSED DEDICATION OF PORTIONS OF THE HAUL ROAD AND
EXTENSIONS AS A PUBLIC HIGHWAY UNTIL THE TERMINATION OF
A LEASE OF THEM TO THE MUNICIPALITY
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following
recommendations:
1. THAT Report WD-51-97 be received;
2. THAT the portion of the haul road and extensions of it shown
schematically on Attachment No. 2, be dedicated as a public
highway until the termination of the lease of .them to the
Municipality which is referred to in this report;
3. THAT, subject to compliance with relevant legislation, By-law
No. 95-22, the lease to the Municipality and dedication of a
public highway of the portions of the haul road and extensions
referred to in Recommendation No. 2, and the approval by
Council of appropriate land exchange and .financial
arrangements with the applicant referred to in this report,
being portions of Waverly Road generally located from a point
approximately twenty metres (20 m) south of the southerly
limit of the Ontario Hydro Right-of-Way to a point
approximately one hundred and fifty metres (150 m) north of
Watson Drive be closed as a public highway and conveyed to the
Applicant;
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~ RHPORT NO WD 51-97 ~, P a~, e 2
4. THAT staff be authorized to advertise a Public Hearing
required under the Municipal Act to implement Recommendations
No, 2 and 3;
5. THAT, if following such Hearing, Council passes the by-laws to
stop up and .close those parts shown schematically on
Attachment No. 2, and to authorize the conveyance of`them to
the .Applicant, and to dedicate the lands referred to in
Recommendation No. 2 as a public highway, the Mayor and Clerk
be authorized to execute the necessary documents to complete
the closure and conveyance to the Applicant;
6. THAT staff be authorized to take action to obtain the;-
necessary approvals required by relevant legislation;.
7. THAT by-laws to give effect to this request. be passed;.
8. THAT the Clerk obtain written approval of the by-law to close`"
and convey thesubject portions_of Waverly Road, by registered,
mail, from the Region of Durham;
9. THAT Blue Circle Canada Inca, the Port Darlington Community
Association, the Waterfront Regeneration Trust,'Central Lake
Ontario Conservation and Ontario Hydro be advised,of.Council's
decision.
REPORT
1.0 ATTACHMENTS
Attachment No. 1 Key Map
Attachment No. 2 Map showing portions of 'Waverly Road
Proposed to be Closed-and Conveyed and,
the portion s of the haul road and
extension located on the Applicant's
lands which are to be leased> to the
Municipality and dedicated for the term
of the lease as a public highway..
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' ~ REPO RT NO WD 51 97 Pane 3
2:0 BAGiOTA~
2.1 The Waterfront Regeneration Trust issued its Westaide Marsh
Report and Recommendations in November, 1995. Thia 'Report
followed the submission by the Honourable David Crombie-of the.
Interim Report on the Royal Commission on the Future-of the
Toronto Waterfront in 1990. The 1995 Report was prepared with
the encouragement of .the Municipality, the Commtutity and St.
Mary`s Cement. St. Mary's Cement has recently been acquired-
by Blue Circle Canada -Inc". ("Blue: Circle"), he present-
APPlcant.
2,2 Westaide Marsh was identified. by the Trust as the only<
Provincially significant Class. II Wetland on the=Durham shore:
of Lake Ontario. The Trust soled that it is valued highly by
regional and local naturalises and by residents on the
Municipality's"waterfront: However, the Iimeatane,beneath the
Weatside_Marah is licensed for extraction and effect to
.protection under Provincial policy.
2.3 The- Westaide Marsh borders on approximately fifty (50)
dwellings in,the Cedar Crest Beach Road and ~9atson Drive
area.: It is also adjacent. to a number of dwelLi ,in the.
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Cove Road area. Cove Road presently is a, private ro(i..
2.4 In preparing its Report of November, 1495, the Trust-organized
a number. of meetings between two groups,`of stakeholders to
consider habitat, issues-and other community coneerna,related
to St. Mary's proposed developments in the We~tsicle Marsh.
While these. meetings were ongoing, additional studies were-
conduc ed and the Treat. met with relevant ..agencies and
individuals to obtain additional expert information. The plan
contained in the Trust Report stated the following objectives:
• protect most of the Marsh and create anew habitat for;
fish, .birds, plants and animals in Order to achieve no
net loss, overall;
• create 120 acres of parkland to protect she community;
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' jz"~ORT NO WD 51 97 Pane 4
• close approximately four (4) acres of Waverly Road which
would be transferred to St. Mary's Cement and provide
access to Cedar Crest.Beach by a bridge and road
connection to West Beach Road;
• relocate a portion. of Westaide Creek, east' and then.
south, into the portion of Westside Maxah which will be
retained.
2.5 At Council's direction, the. Chief Administrative Officer has
~ held a number of meetings .with staff and representatives of
Blue Circle to attempt to work out an integrated package of
business and legal arrangements necessary to implement the
Trust's recommendations and to protect the Municipality's
interests ae well as the interests of the` affected
communities. The following 'have been undertaken;
• Preliminary drawings have been. prepared by the"
Municipality's consultants whioh show the proposed bridge
that would connect Cedar Crest Beach Road to Cove Road
and the improvements that are necessary to bring Cove.
Road up to Municipal standards.
• Meetings have been held by staff with representatives o€
CLOCA and Ontario Hydro respecting groperty transfer and
management arrangements that would .have to be made with'
those organizations. Discussions have been held with
representatives of the Federal Department of Fisheries
and Oceans respecting its requirements to compensate for
the `loss of a portion of the fisheries habitat.
• Staff'.: have contacted the land owners who. would be ,
affected by the acquisition of- Cove, Road and its
dedication as public highway extending to Cedar Crest
Beach Road as well as the construction of the proposed
bridge.
s Staff have also been in contact with representatives of
.the. Ministry of Environment and Energy respecting
.compliance with the Ontario Environmental As essment Act
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` ~FPORT NO WD 51 97 Paae 5
and with the Canadian Coast Guard respecting compliance'-`
with the Navigable Waters Protection Act and the Federal
Environmental Assessment Act.
All of these discussions are ongoing at the present. ime. The
Chief Administrative Officer expects that he will be in a
position to report on all of them to Council at its meeting on
September 29, 1997.
2.6 -.The meetings .with Blue Circle have included."negotiations-
respecting the consideration that would be .paid by Blue Circle
in money and in land in exchange. for the conveyance' of the
portions of Waverly Road referred to in this report.
2.7 The residents of the Cedar Crest Beach .Road and Watson Drive
areas now have access to their properties .only. via Waverly
Road. The acquisition of Cove Road, its dedication as a
public highway, and the construction of the proposed bridge to?
connect Cove'Road to Cedar Crest Beach Road would follow the`
closure and conveyance of the_portiona of Waverly Road im
question. .The Municipal Act prohibits the closing of a public
highway which is the only access to properties unless'acceas
by another public highway is provided. In order to address.
these considerations, staff have .negotiated for aAd Blue;"
Circle has agreed to lease to the Municipality the portions of
its present haul.. road and extensions of it shown on the Map
contained in Attachment No. 2. The northerly extension of the
haul road is to be constructed by Blue Circle at its expense.
2.8 The portion of the haul road and its extensions will be.leased
to the Municipality at a nominal rental, for a,term which will.
expire when Cove Road and the proposed bridge are dedicated as
a public highway under the Municipal Act. During the term of
the lease, the portion of the haul road and: its extensions
would be dedicated by the Municipality ae a public highway so
that continuous access via a public highway would continue to
be provided. to the .residents of the Cedar Crest Beach Road and
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REPORT NO WD 51 97 Page 6
Watson Drive areas.
2.9 Construction of the proposed bridge to connect Cove-Road to
Cedar Crest Beach Road. will require approvals under the
Ontario Environmental Assessment Act and the Navigable Waters
Protection Act. Staff are continuing to investigate other
approvals which may be required under relevant.. Provincial and
Federal Legislation.
2.10 Blue Circle has agreed to share with the Municipality the cost.:
of the upgrading of Cove Road to municipal standards<and the
construction of the proposed bridge to connect Cove Road and. ,
Cedar Crest Beach Road. The Chief Administrative Officer will
be reporting further on recommended cost sharing, land
exchange and management arrangements to Council at its-meeting.
of September 29, 1997.
2.11 Staff intend to hold an informal meeting with residents
concerning the road plans early in September (tentative date
Thursday, September 4, 1997). Representatives of relevant
agencies will be invited to participate. A report: will be
submitted to Council on the results of this meeting for the
meeting on September 29, 1997.
CONCLUSION
3.0 'The holding of the Public Meeting by Council to cbnaider the
proposed closure and conveyance of portions Qf Waverly Road to
Blue Circle and the. dedication as a public highway for the,
term of the lease to the Municipality of the portion of the
.haul road and extensions as shown on the map contained in
Attachment No. 2, is the first step in the implementation of
the Waterfront Regeneration Trust recommendations respecting
the Westside Marsh. It is requested that. Council: authorize
staff to advertise a Public Meeting of Council to be held to
consider these proposals on September 29, 1997. .The approval
of the proposals will be subject to compliance by the-
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' ~FPQRT NO WD 51 97 Paws 7
Municipality with all relevant legislation applicable thereto
as well as the Municipal Sale of Surplus Land By-law {By-law,
No. 95-22).
The approval of the .proposals will also be subject to
Council's approval of .appropriate land exchange, and financial
arrangements with Blue Circle which are considered necessary
by Council to implement the Waterfront Regeneration Truet!s
recommendations contained in its Report of November, 1995, and
to protect the Municipality's and the communities' interests.
Respectfully submitted, Reviewed by,
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Steph•~ okea, P. Eng., W.H. Stockwell,
Director of Public Works Chief Administrative Officer
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MUNICIPALITY OF CLARINGTON
N.T.S. WEST SIDE MARSH
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ATTACHMENT N0. 1
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July 18, 1997
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