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WD-64-97
~,~ 1 ~ ,,. i}IE CORPORATION OF TF~ MJNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# `~ `~ Date: October 6, 1997 Res. # - S5~ ~~ 7 By-Law # Report #: _~-„~~~ File #: Subject: APPLICATION TO STOP-UP, CLOSE AND AUTHORIZE THE SALE OF PORTIONS OF THE ROAD ALLOWANCE OF 9PAVERLY ROAD Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-64-97 be received; 2. THAT further to the recommendations approved in Reports ADMIN- 42-97 (September 29, 1997), and WD-51-97 (August 18, 1997), and conditional on Council approval of an agreement with Blue Circle Canada Inc., staff be authorized to prepare the appropriate authorizing by-laws for Council's approval for the following: i) to stop up and close portions of the road allowance known as Waverly Road; ii) to convey those portions of Waverly Road to be stopped up and closed to Blue Circle Canada Inc.; iii) to assume and dedicate the proposed portion of the Blue Circle haul road and its extension as a temporary public highway; and 3. THAT the interested parties listed in this report and the delegations be advised of Council's decision. o.oF °®aE~.~,. l'/L. , _ 5' RS~T NO TPD-64-97 PA68, 2 RNFORT 1.0 ATTACH~NTS Attachment No. 1 Key Map Attachment No. 2 Report WD-51-97 Attachment No. 3 Report Admin-42-97 2.0 SACK(3ROIIND 2.1 Council,. at its meeting of September 29, 1997, approved the recommendations in Report Admin-42-97, as .follows: "THAT Report Admin-42-97 be received; THAT the applications to stop up, close and convey-a portion of the road allowance. known as Waverly Road: to $lue Circle Canada Inc. and the proposed. dedication of a portion of the Blue Circle haul road and its extension as a temporary public highway be referred back to staff for consideration of the delegations and preparation of a report for the General Purpose and Administration Committee on October 6, 1997; and' THAT _the interested parties listed in this report. and the delegations be advised of Council's decision." 2.2 Since Council's consideration of Report WD-42-97,_Blue Circle Canada Inc. has modified its request for the immediate closure and conveyance of portions of Waverly Road by deleting from the request the immediate closure and conveyance to it of the. portion of Waverly Road located between the Ontario Hydro lands and the intersection of the "Haul Road to be Leased" .with Waverly Road. (See Attachment No. 2 to Report WD-51-97.) (The. portion of Waverly Road which will not be- closed .immediately and has been withdrawn from Blue Circle's present - request for closure and .conveyance is identified 'as Part 2 on Reference Plan 4oR-17775.) The northerly "Psxtension of Road (To Be Leased)" also shown on Attachment No. 2 to Report WD- ~J: -e : > R T Nd : WD-b4-97 PAf3S 3 51-97 (now:ahown as Part 16 oh Reference Plan 40R=17?78} will not be leased to the Municipality and consequently will not be I dedicated as a Temporary Public Highway. Certain reserves<° which would have connected the "Extension of Road {To Be F, Leased)" to the portions of iVaverly Road that would have remained open are owned by the 'Municipality ala~rwill not be dedicated as a part of the Temporary Public ;Highway. They are shown as Pasta 5, 6, 10 and 11-on Reference Plan 40R-17775. 23 Attachment No. 3 to this Report shows the rev8ed portion o€ ` Waverly Road to be closed. the "Haul .Road to 'be Leased" and the "Extenaon of Road to be Leased." The latter two areas will'- be laid out and dedicated as-the Temporary.Public Highway. 3.0 REVIBii 'AND COMl~N'P 3.1 It is generally recognized that comment made by delegations at he September 29, 1.997 Council meeting have .already been heard and given due consideration during either the Waterfront Regeneration Trust process, Report WD-51-97, (dated August 38,, 1997} or Report Admn-42-97, (dated September 29 1937,). In°` particular, the Waterfront Regeneration Trust held four public discussion sessions from December, 1994 through to April, 1995 leading up to their interim report :dated Tune, 1995.' Following this, the Trust .invited a number of interested parties, including local residents, naturalists,: Provincial and,Federal agenoies to participate in two work groups through - the summer and fall of 1995, culminating in the November 1995 release of their report entitled "Westaide March-Report and ` Recommendations." Certain .comments by delegations at the. September 29,` 1997 Council .meeting are discussed in the following paragraphs. 3.2 ~geney Aceeas to Cedar Cheat Beach Although addressed in the staff presentation at the beginning ,,~7Q az f~D-64--97 FA48 4 of .the .September 29, 1997 `meeting, concerns were.: still: expressed `regarding emergency response time.. Aa the pzeaent"' point in our negotiations, we are attempting: to secure an emergency route through Blue Circle lands: to take effeot upon the closing ;of Waverly.. Road and will continue following constructon_of the Weataide Marsh. connecting bridge. 3.3 Haul Road traffic Cotacern was .raised regarding the use of the haul road by residents in conjunction with Blue Circle Inc. "pit hauling", vehicles. .Please be advised that once the haul road is dedicated as a temporary- public highway, only those Blue .Circle vehicles which are licensed for regular road travel will be allowed to use -this dedicated access to Cedar crest-' Beach. No-"off-road" Blue Circle pit haulers will be allowed to use this section of roadway. In actual fact, Blue Circle pit haulers have no reason, at present, to use the: Blue Circle haul road accessing the St. Mary's dock. At preaeht, pit haulers travel back and forth between the-pit and-the primary crusher 'located in proximity to the main' St. Mary's-.:plant operation. 3.4 Load Carrvinq Capabilities of Probosed Bridge an~A„~rgy~ches' Staff clarified, at the September 29, 1997 meeting, that the -construction of the Westside Creek Bridge. as "full load!" meant that, following construction, there would be= no weight restrictions at the bridge and the bridge would be fully capable of carrying Municipal .fire trucks and other heavy.., delivery vehicles which normally travel on -our municipal loads. Cove Road would be reconstructed to carry traffic in a`manner<simlar to other municipal roads and would aniy be subject to the normal spring half load season presently experienced on other roads accessing the area {i.e. West Beach Road). }. ct R T NOS 1~D-~4-97 ~N 5 : 3.5 Use;.,,,of uali :~e~,, ~rborist One resident suggestion "involved .the use of- a qualified arborst to ensure proper care of trees. As already recommended in the Scoped $nvironmental Impact Study, it is our intention to retain various environmental consultants to- assist at various stages of the proposed coszatruetion.. 3.6 aaQd Haul Road vs Continued use of Wav~y.Road Although mentioned in .previous. reports, it is important to repeat why the haul road and its-extension must he;'uaed xather than the existing paved surface'of Waverly Road.~he pYimary aspect of the agreement between the Municipality and Blue , Circle results in the transfer of Waverly Road :in exchazxge for-the Blue Circle lands-identified in the Trust Report o£- November, 1995. The Municipal"Act prohibits the cloa~ng of a > public highway, which is Che only access to properties, unless acceas.by another pubis highway is provided. In order to address these considerations:,;staff has negotiated for, anti Blue Circle. has agreed, to lease to the Municipality, the portions o€ its present haul road and extension necessary to' provide cpntinuous access' via a public< highway- to the - - residents of the Cedar Crest Beach Road- and Watson Drive " areas .' 4.4 Pn1Tf8RE I-C'!'ION 4:1 Council,wae advised at-the September 29, 1997 meeting,-that a - report an the negotiations between clarington and `Blue Circle would be forthcoming at the October 6, 1997, C3eneral Purpose and Administrative meeting:. As negotiations are still' ongoing, the follow-up report. pertaining to other comments expressed at the September- 29, 1997 meeting and to- negotiations on the... agreement with Blne Cirele will be presented. directly to the Council meeting ,scheduled for October 14, 1997.. ,~. $; s T NG iPD 64 97 P71£38 6 Respectfully submitted, Reviewed by, Stephen A. Vokes, P.Eng. W. H. Stockwe3l Director of Public Works Chief Administrative Of€icer SAV/wc r~tereated Parties: Blue Circle Canada Inc. Port Darlington Community Association Port Darlington Community Ass©ciation L6-b9~N ~'ON 12104321 d ++ L a a° a 3 w w LL c c~ v a . . o ~ . a Q ~ o ~ W ~ ~ ~ J ~ S m W y~ > O 3'U UQ w I a a ~° U a ¢° ,~ o J ~ \ =¢ W LL u! 0 J J J Q m ~{ Qm ' N f s = W a '3 ~g I .. , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON XXX~.~~C~i~hT~X~~}~~C~~IT.i~'dXX REPORT Meeting: SPECIAL MEETING OF COUNCIL File# Date: AUGUST 18, 1997 Res.# By-Law # Report#: WD-51-97File#: 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; REPORT NO.: 1^,[64-97 ATTACM'~PIf NO.: 2 i ~ REPORT NO WD-S1-97 Page 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 the subject portions of Waverly Road, by registered mail, from the Region of Durham; 9. THAT Blue Circle Canada Inc., 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 Attachment No. 2 Key Map Map showing portions of Waverly Road Proposed to be Closed and Conveyed and the portions of the haul road and extension located on the Applicant's lands which are to be leased to the b4unicipality and dedicated for the term of the lease as a public highway. REPORT NO WD-51-97 Page 3 2.0 BACKGROUND 2.1 The Waterfront Regeneration Trust issued its Westside Marsh Report and Recommendations in November, 1995. This 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 Community and St. Mary's Cement. St. Mary's Cement has recently been acquired by Blue Circle Canada Inc. ("Blue Circle"), the present Applicant. 2.2 Westside Marsh was identified by the Trust as the only Provincially significant Class II Wetland on the Durham shore of Lake Ontario. The Trust noted that it is valued highly by regional and local naturalists and by residents on the Municipality's waterfront. However, the limestone beneath the Westside Marsh is licensed for extraction and subject to protection under Provincial policy. 2.3 The Westside Marsh borders on approximately fifty (50) dwellings in the Cedar Crest Beach Road and Watson Drive area. It is also adjacent to a number of dwellings in the Cove Road area. Cove Road presently is a private road. 2.4 In preparing its Report of November, 1995, the Trust organized a number of meetings between two groups of stakeholders to consider habitat issues and other community concerns related to St. Mary's proposed developments in the Westside Marsh. While these meetings were ongoing, additional studies were conducted and the Trust 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 a new habitat for fish, birds, plants and animals in order to achieve no .net loss, overall; • .create 120 acres of parkland to protect the community; REPORT NO WD-51-97 Pa4e 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 Westside Creek, east and then south, into the portion of Westside Marsh 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 as well as the interests of the affected communities. The following have been undertaken: • Preliminary drawings have been prepared by the Municipality's consultants which 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 of CLOCA and Ontario Hydro respecting property 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. • Staff have also"been in contact with representatives of the Ministry of Environment and Energy respecting compliance with the Ontario Environmental Assessment Act REPORT NO WD 51 97 Page 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 time. 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 portions of Waverly Road in question. The Municipal Act prohibits the closing of a public highway which is the only access to properties unless access by another public highway is provided. In order to address these considerations, staff have negotiated for and 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 b~ the Municipality as 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 r 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 consider the proposed closure and conveyance of portions of 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 REPORT NO WD-51-97 Page 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 Trust's recommendations contained in its Report of November, 1995, and to protect the Municipality's and the communities' interests. Respectfully submitted, '~~/~ Stephen A. Vokes, P. Eng., Director of Public Works Reviewed by, W.H. Stockwell, Chief Administrative Officer DH:jco "BOWMANVILLE" 1'r~HWy. No. ~ ~---- %!~ _~- / ~~ ~ _ ~~ take Rd. .~- % ----. ~. Westside~ ~'~ ~.~ / 1 ~ .,__, ' ~, .,~ .- / I Creek ~ - 41!gst ~ ~~. ,. ~,.~" Waterfront Diversion ! ' Bea~Rd. \ Trail ~ ~~ ~ Future ~ I Road ~1 \ Closure 1 ~ ,, 1 ~ . ~~ 1 0 Road ~ n v ~ /RA d \ ~ i _ ~~~5`(/WestSide d IJ}~// N.T.S. ® totten Sims hubicki associates 1z -1oa9a Cove Rd. Proposed Bridge Location Bowmanville Water Supply Plant MUNICIPALITY OF CLARINGTONI I WEST SIDE MARSH ~ KEY MAP ATTACHMENT N0. 1 JuIY 18, 1997 Marsh ;~~ a. geac~/ i= 9~' aG~j a Watson ~'~ %~ D~i' West Beach 1 - ro .-. d a ~ ._ a ~ c ~ ~ c ~ 0 °' ~ ~ •- ~P ~ o w A ~ 3 a ~ `~ .? = O ~ ~ a - ~ Q z ~ o ~ ~ ~ o Wo ~ ~ ~ ~ p m w W ~o pp K W WWWW m Q~ ~ O ~ p ~8 30 odT' o `` m ~ w oW p~- P ~m ~~ 0 y 3 U ~ 8 ? ^^ ^ ~ ~ ~ ~ ~ ~ ~ W O D W O O ~ OH O zrz °w o~ 0 z ~ ~~ z m ~ a '3FO ~m F~ ~~ ~; e `o i REPORT #6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON XlOi~(~~18R~JBlN(lK7N(QO(JCgA A7DJQ<k9(W IF fiDE)~i(XAl9QX-l~X X DN:Admin-42.97 REPORT Meeting: File # Council Res. # Date: Monday, September 29, 1997 Report #: ~$MfN~t2_§~ #: Subject: By-Law # APPLICATION TO STOP UP AND CLOSE A PORTION OF THE ROAD ALLOWANCE KNOW AS WAVERLY ROAD AND CONVEY THE SAME TO BLUE CIRCLE CANADA INC. Recommendat5}R9POSED DEDICATION OF PORTION OF THE BLUE CIRCLE HAUL ROAD AND EXTENSIONS TO IT AS A TEMPORARY PUBLIC HIGHWAY CONVEYANCE OF PORTIONS OF WESTSIDE MARSH, BOWMANVILLE MARSH AND OTHER LANDS OWNED BY BLUE CIRCLE TO CLOCA IMPLEMENTATION OF THE RECOMMENDATIONS OF THE WATERFRONT REGENERATION TRUST REPORT ON WESTSIDE MARSH It is respectfully recommended to Council the following: 1. THAT Report ADMIN-42-97 be received; 2. THAT the applications to stop up, close and convey a portion of the road allowance known as Waverly Road to Blue Circle Canada Inc. and the proposed dedication of a portion of the Blue Circle haul road and its extensions as a temporary public highway be referred back to staff for consideration of the delegations and preparation of a report for the General Purpose and Administration Committee on October 6, 1997; 3. THAT the interested parties listed in this report and the delegations be advised of Council's decision. 1.0 BACKGROUND 1.1 Waterfront Regeneration Trust Process 1.1.1 In December 1993, the Waterfront Regeneration Trust, at the request of the Municipality and Blue Circle Canada Inc. ("Blue Circle" formerly know as St. Marys Cement Corporation), agreed to help resolve the numerous issues related to Blue Circle operation on the Lake Ontario Waterfront, including their plans to quarrythe Westside Marsh. 1.1.2 In December 1994, three public discussion sessions were held in Clarington to increase public understanding of Blue Circle plans and explore any practical REPORT NO.: WD-64-97 ATTACFNIIdT NO.: 3 L alternatives that provided for both the long term viability of the Blue Circle operations and the preservation of the greatest portion of the wetland possible. 1.1.3 On April 5, 1995 the Trust held a fourth public discussion session to outline its proposal on a concept to resolve the primary issues and receive public comments. This was documented in an Interim Report dated June 1995. 1.1.4 The Trust invited a number of interested parties, including local residents, naturalists, the Ministry of Natural Resources (MNR), the Central Lake Ontario Conservation Authority (CLOCA) and the federal Department of Fisheries and Oceans (DFO), to participate in two work groups to consider habitat issues and other community concerns related to Blue Circle's plans. These work groups met regularly through the summer and fall of 1995 to explore issues and review information, and to assist the Trust in the development of options for resolving the various issues. 1.1.5 In November 1995, the Trust released a report entitled Westside Marsh -Report and Recommendations inwhich they presented a concept for the preservation of the Westside Marsh. The major recommendations provided in the Report are as follows: • protect much of the Marsh and create a new habtat for fish, birds, plants and animals in order to achieve no net loss overall; • transfer the CBM stone crushing and readi-mix operations to an industrial location provided by the Municipality • create 120 acres of parkland to protect the community • close Waverly Road and transfer to Blue Circle and provide a new road access is to be provided to Cedar Crest Beach Road by constructing a bridge and road connections to West Beach Road. 1.2 Implementation of Trust Proposal 1.2.1 In July 1996, Council authorized Staff to initiate negotiations with representatives of St. Marys Cement regarding the closure and conveyance of Waverly Road, and _ 2 1 S the transfer of the retained Marsh and other lands to a public agency. As well, in order to continue public access to Cedar Crest Beach Road once Waverly Road is closed, Council agreed to take public ownership of Cove Road and to build a bridge over the mouth of the Marsh io connect the two roads. 1.2.2 Staff initiated negotiations with the owners of property on both the east and west sides of the mouth of the Marsh to acquire the necessary lands to build the bridge and road approaches. 1.2.3 The Municipality retained the consulting firm Bird and Hale Limited to undertake a scoped environmental study to determine the environmental impacts related to the construction of the bridge and road approaches. This report, completed in November 1996, indicates that there are no serious impacts on the natural environment resulting from the location and construction of the bridge and road approaches. The Report recommends a number of mitigative measures to reduce or eliminate the potential impacts. 1.2.4 The consulting firm Totten Sims Hubicki was retained by the Municipality to undertake an engineering study to determine the final design and location of the bridge crossing and road approaches, including the necessary upgrades to Cove Road. 1.2.5 Two public information centres were held. A Public Information Centre was held on February 18, 1997 to present and discuss the findings of the Environmental Impact Study with consultants and Staff. On September 4, 1997 a second Public Information Centre was held to provide information relating to the location and design of the bridge, the improvements to Cove Road and the diversion of Westside Creek. Notice of both Information Centres was provided to all residents of the waterfront communities adjacent to the Marsh. 3 5 , 2.0 CLOSURE OF WAVERLY ROAD 2.1 Report WD-51-97, as approved by Council on August 18, 1997, outlines specifics with regard to the closure of a portion of Waverly Road. This previous report authorized staff to advertise the Public Hearing required under the Municipal Act to close approximately five (5) acres of Waverly Road which would be transferred to Blue Circle and provide access to Cedar Crest Beach by a bridge and road connection to West Beach Road. 2.2 On April 7, 1997, Council approved report ADMIN-11-97 and directed staff to negotiate with Blue Circle respecting the financial package to cover the cost of the Cove Road project in order to transfer Waverly Road in exchange for the Blue Circle lands identified in the Trust's report of November 1995. 2.3 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 portions of Waverly Road in question. The Municipal Act prohibits the closing of a public highway, which is the only access to properties, unless access by another public highway is provided. In order to address these considerations, staff has negotiated for, and 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. 2.4 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 as 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 Watson Drive areas. 4 2.5 Far clarification, the residents of the Cedar Crest Beach Road and Watson Drive areas would utilize the leased portion of the haul road and its extensions for that period of time following the transfer of Waverly Road to Blue Circle (estimated to be February 1998) until such time as Cove Road and the proposed bridge are dedicated as public highway (estimated to be late FaII 1998). Any unexpected problems with approvals under relevant Provincial and Federal Legislation or land z acquisition could serve to delay construction, thus increasing the length of time requiring utilization of the leased haul road. 3.0 CONSTRUCTION OF WESTSIDE CREEK BRIDGE AND IMPROVEMENTS TO COVE ROAD 3.1 Preliminary drawings have been prepared bythe Municipality's consultants which show the proposed Westside Creek bridge and the improvements that are necessary to bring Cove Road up to Municipal standards. The project includes constructing a bridge spanning Westside Creek including 120 metres of Cedar Crest Beach Road and the full length of Cove Road from the bridge to West Beach Road, a length of 325 metres. 3.2 The bridge shall be of concrete construction with a horizontal span of 32 metres, one traffic lane wide with a sidewalk on the south side. The design characteristics shall conform with current day criteria. 3.3 Cove Road shall be built with a pavemenf width of 6.5 metres with adjacent sodded shoulders and swales. The local residents have requested that construction designs be established as necessary to retain the present character of the neighbourhood. 3.4 Construction of the Westside Creek bridge will -require approvals under the Ontario Environmental Assessment Act and the Navigable Waters Protection Act. Staff are continuing to follow up on all other approvals that maybe required under '; s 5 i~ '~ ,_ i 4 relevant Provincial aril Federal Legislation. 3.5 We have circulated documentation associated with the proposed project to all affected Provincial and Federal agencies. The Environmental Assessment branch of the Provincial Ministry of the Environment and Energy have determined the project is subject to Schedule B of the Act. This requires the Municipality to publicly advertise the Notice of Project and to allow a 30 calendar day period for public review. This public notice was given as a result of Council's approval of Report WD-51-97 on August 18, 1997. We have catalogued copies of ali reports, correspondence etc., In chronological order for public review and comment. The requirements of the Act will be fulfilled at the termination of the 30 day period, ending October 10, 1997• However, approval of the undertaking could be delayed should an objector file a notice requesting abump-up to the Schedule C category of the Act. 3.6 The Canadian Coast Guard (CCG) has declared the open waters of Westside March as navigable and subject to the provisions of the Federal Navigable Waters Protection Act. This effect of this declaration is to require the preparation of an Environmental Study Report with subsequent circulation of the report by CCG to other agencies. This process has now commenced and barring any difficulties, we anticipate receiving the necessary approvals by October 31, 1997. The decision by staff and Council early in the design process to construct afree- span bridge has been very advantageous. In taking this course of action, construction of the bridge abutments does not take place within the limits of the mouth of the marsh, tliei~ebY eliminating or at least minimizing disruption to the waters in question. The Ministry of Natural Resources, CLOCA and the ®epartment of Fisheries and Oceans have recognized that the choice of a free- =-;: span structure eliminates or at least minimizes their concerns relating to '+: environmental impacts of the structure. The Canadian Coast Guard {CCG) are x:iilf the opinion of the ~oposal for afree-span structure does not eliminate their 6 r. ~ r concerns respecting environmental impact. The CCG continues to examine the bridge proposal for compliance with the Federal Environmental Assessment Act. 4.0 STATUS OF NEGOTIATIONS WITH BLUE CIRCLE 4.1 Staff and Blue Circle have been meeting to settle the terms of Principles of Understanding that will achieve the intent of the Waterfront Regeneration Trust's recommendations to the greatest extent possible. 4.2 The implementation of the recommendations will require that: • Blue Circle enter into a legal arrangement with Ontario Hydro, the Federal Department of Fisheries and Oceans, the Ministry of Natural Resources and CLOCA respecting the fish habitat; • Blue Circle enter into a legal arrangement with CLOCA respecting the diversion works and lands; and • the transfer of certain lands to CLOCA, the making of a management agreement respecting them by the Municipality and CLOCA and the implementation of the plan by CLOCA. 4.3 The implementation ofthe recommendation respecting Waverly Road requires that a temporary replacement public highway be leased from Blue Circle, which will terminate when the Cove Road and the Westside Creek Bridge are dedicated as a public highway. The recommendation respecting Cove Road and its connection to Cedarcrest Beach Road via the new Westside Creek Bridge involves the acquisition of certain lands and interests in Cove Road from a number of private owners. 4.4 Negotiations or actions have been undertaken respecting each of the above matters. They will be discussed in detail in a further report to the General Purpose and Administration Committee meeting on October 6, 1997. _ 7 ~ . . 4.5 The first step in implementing the Waterfront Trust's recommendations, referred to above is for Council to hear and consider representations and comments made at Council's meeting on September 29, 1997 respecting the proposed closing of a portion of Waverly Road, the authorization of a conveyance of this land to Blue Circle, and the approval of the dedication of the temporary public highway referred to above. The Principles of Understanding should be considered by Council before a final decision is made respecting the proposed closure, conveyance and dedication. 4.6 For legal reasons, the Principles of Understanding will be made fully conditional on the necessary senior government approvals being granted. In the event that all approvals are not granted by December 31, 1999, the Principles of Understanding will unwind and consequently will not bind either the Municipality or Blue Circle after that date. 4.7 The main elements of the Principles that have been negotiated to date are the following: • The Municipality will transfer the portion of Waverly Road to be closed which is shown on the map contained in Attachment #2 to Blue Circle if Council decides to pass the necessary by-laws to authorize the closure, conveyance and dedication referred to above and to dedicate the proposed Temporary Public Highway, referred to below. • Blue Circle will lease to the Municipality the haul road which is shown on the map contained in Attachment #2. It is located to the west of Waverly Road and has connections to Waverly Road. The haul road will then be dedicated as a public highway (`temporary Public Highway's until Cove Road and the Westside Creek Bridge are dedicated as a public highway and the lease is terminated. • On the closing date, Blue Circle will transfer to CLOCA the Marsh Link lands, the Bowmanville Marsh and the Bowmanville Valley lands shown on Attachment #3. Blue Circle will also transfer in escrow to CLOCA the Reconfigured Westside Marsh also shown oh Attachment # 3. The transfer to CLOCA will be effective on the closing of the Temporary Public Highway and its release of the lease to Blue Circle: 8 . ,~ • The lands transferred to CLOCA will be managed as interrelated components of a wetlands complex with adjacent wetlands. (The Marsh Link lands had been intended to be used by Blue Circle as a site for the relocation of its rock crusher.) • Blue Circle will enter into an agreement with Ontario Hydro to permit the construction of Westside Creek diversion works on Ontario Hydro lands. CLOCA will manage these works and will be transferred an easement interest by Ontario Hydro. • Blue Circle will construct a portion of the diversion works on lands which it now owns and will retain. • The balance of the Westside Marsh will be a future quarry site as shown on the map contained in Attachment #1. • Blue Circle and CLOCA will execute a monitoring and maintenance agreement. They will also execute an agreement with the Federal Department of Fsheries and Oceans and the. Ministry of Natural Resources. The agreements wilt address the construction and maintenance of the Westside Creek diversion works and other flood control works. The installation and maintenance of the bio-engineering works necessary to establish a new fish habitat will also be addressed. CLOCA will manage the lands transferred to it by Blue Circle in accordance with a management agreement which will be made by CLOCA and the Municipality. • The management agreement will provide .for the preparation of a management plan according to terms of reference which shall first be approved by the Municipality. The cost of preparing the management plan will be paid by the Municipality and Blue Circle as a contribution to the start-up costs of CLOCA in the management of the Westside Creek/Bowmanville Marsh wetlands complex. • Blue Circle and the Municipality will contribute equal amounts of money to provide start-up funds for CLOCA to assist it in implementing the objectives of the management plan including such matters as tree planting, ponds, snake hibernaculum, trail and look-outs. • Blue Circle and the Municipality will contribute equal amounts of money to fund the cost of implementing the above principles. This will include the estimated cost of reconstructing Cove Road and constructing the Westside Creek Bridge. 9 ,. • Blue Circle will provide for an emergency access through their lands to serve the residents of Cedar Crest Beach. • Blue Circle will not object to modifications to the Regional Official Plan and the Clarington Official Plan which reflect the arrangements. • Blue Circle will not object to the rezoning of their lands which will be conveyed to CLOCA to an Environmental Protection zone. • Blue Circle will relocate the waterfront trail and provide appropriate safety measures (guide rails, security fencing) at its expense. 5.0 CONCLUSION This report is prepared for the purpose of the Public Meeting on the applications: i) to stop up, close and convey a portion of Waverly Road to Blue Circle; and ii) to dedicate a temporary public highway until such time as the improvements to Cove Road and the construction of the Westside Creek bridge is completed. After hearing the delegations, it is respectfully recommended that the matter be referred back to staff for a report to be considered at General Purpose and Administration Committee on October 6, 1997. Respectfully submitted, ,~ ;~ ~~~~ Stephen A. Vokes, P. Eng. Director of Public Works Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development Reviewed by, W. H. Stockwell Chief Administrative Officer 10 ., Attachments 1. Westside Marsh and Blue Circle Quarry 2. Road Map 3. Lands to be Conveyed to CLOCA Interested Parties: Blue Circle Canada Inc. Port Darlington Community Association Central Lake Ontario Conservation Authority 11 ~ ~ ~ J ATTACHMENT e~ 1.0'1' l4 1 T l 13 LOT 12 5 ~ ~I ~~ L0~ t l `I 1 CREEK s 5' 3I 0 MARSH LINK AREA ~ Z/ MARS ~ ~ ~ •~ I~ Imo, ~ /:%' Lake Ontario e7-041 "'%/ \ /,~' WESTSIDE MARSH AND BLUE CIRCLE QUARRY '"; '~ ~ ~ wI ~ -------- EwsnNC uurt ov ~ iE RFxoNr rnaL -- wES15toE w~RSH ., •~~~~~~• RELOG7ED WATERFROIJ~ 7RWl _ ~ ~ ~ ~ ElOSTNG LINrt .,/ OF EXIRACTON ~____ _ 1 1 PROPOSED 2:1 QUARRY SIDE SLOPE & BENCH ~:'~:: ~ RENSED l1MIT OE EXTRACTION ~' a PRQPDSED 0NERSR#1 CHANNEL 510E SLOPE ® ~~~~ 2 or 1:1 CHANNEL UNpS ~i '`i ~ i ~ ~ ~+ ATr w...._ __ ---- ~- ~ • LOT 14 ~~ I~gIT 13 LOT 12 y~ - ~ifl ~~ 5 -'__~, m SfiSt15ECREEK '~"~_~~'•-- ® - 1 ® DYKE ______ _ ) WEST~DECREEK FUTURE O~IARRY AREA BLUE CIRCLE LANDS ~~ ATTACHMENT N3 LO 11 --~_ 1 I (3.74 Acres) V .•„~,a v '•~Fr _. <a~ y - - ~ Lake Ontario I \\ ~\\ _ ~~~~~ ~~•~~~/ LANDS TO BE CONVEYED TO CLOCE OVERFLOW I/ - FROM MUNICIPALITYORCW~ CHANNEL - ~~ ccN~yEp to gtJl g` FROM BLUE CIRCLE _ ^ PROPOSED 2:1 QUARRY ® LM10S CONYEYED'7~. ~ ~ ~ ~ ~ SIDE SLOPE Ai BENCH CLOD ON -- 1'a I~I PROPOSED DNERSION UNDS COM'£~ED, ~,' I - 1 CHANNEL SIDE SLOPE ~ CLOU IN ESCRO~._ _ , _. ~A~) a ~~ CREEK Y ,..,t 8. ^;: ~, . 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