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HomeMy WebLinkAboutPSD-010-10Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMIN//ISTRATION COMMITTEE Date: Monday, January 18, 2010 f\e.~°~~a^~ # : G l~~-b3a~-/O Report #: PSD-010-10 File #: PLN 23.5.14 By-law #: ~ //~ Subject: HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT NOTICE OF COMPLETION OF THE MINISTRY OF ENVIRONMENT REVIEW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-010-10 be received; 2. THAT Report PSD-010-10 be approved as the Municipality of Clarington's comments to the Ministry of Environment on the "Notice of Completion of Ministry Review" for the 407 East Environmental Assessment; 3. THAT, to mitigate the impact of the East Durham Link interchange on the road network. within the Clarington Energy Business Park, the Highway 407 Project be revised. to incorporate the construction of Energy Drive as aproject-related work, in lieu of the reconstruction of the South Service Road in this same section; 4. THAT, in compensation for the loss of 28 ha of employment lands in the Clarington Energy Business Park and the Courtice Industrial Park as a result of the Highway 407 Project and in light of the Province's reluctance to designate additional industrial lands in Clarington, the Ministry of Transportation be requested to acquire additional lands within the Energy Park to allow for their early development for industrial purposes in accordance with the Municipality's Energy Business Park Secondary Plan; 5. THAT, in compensation for the loss of Rundle Road north of Regional Road 4 and the resulting impact on the road network, the Highway 407 Project be revised to incorporate the construction of Holt Road between Regional Road 4 and Concession Road 6 to maintain north-south connectivity within the local road network and to minimize traffic impacts on the hamlets of Solina and Hampton; REPORT NO.: PSD-010-10 PAGE 2 6. THAT the. Ministry of Transportation be required to undertake a more detailed traffic analysis as part of the Highway 407 Environmental Assessment to examine the impact of a tolled highway scenario on the local road system; 7. THAT the Highway 407 Project be revised to incorporate the acquisition of appropriate lands to provide an interchange at Liberty Street and the Highway 407 mainline either as an alternative to or in addition to the Darlington/Clark Townline Road interchange, with appropriate provision for emergency access to the highway; 8. THAT the Municipality concurs with the Ministry of Transportation that additional discussion is required to address the issue of maintaining access to agricultural lands on Washington Road; 9. THAT the Municipality of Clarington and the Ministry of Transportation will have to continue to liaise on the mitigation of impacts on cultural heritage resources to ensure both provincial and local heritage objections are satisfied; 10. THAT staff be authorized to continue discussions and negotiations with the Ministry of the Environment and the Ministry of Transportation to achieve acceptable solutions to the above-noted issues; 11. THAT a copy of Report PSD-010-10 and Council's decision be forwarded to the Ministry of the Environment, the Ministry of Transportation, and the Regional Municipality of Durham; and 12. THAT all interested parties listed in Report PSD-010-10 and any delegations be advised of Council's decision. Submitted by: ~'~-- D vi J. Crome, MCIP, RPP Director of Planning Services Submitted by: %'~~ . Cannella, C.E.T. D' ector of Engineering Services JAS/FUdf 13 January 2010 Reviewed by. Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-010-10 PAGE 3 1.0 BACKGROUND 1.1 The. Environmental Assessment (EA) for the Highway 407 East Extension, being undertaken by the Ontario Ministry of Transportation (MTO), began in January 2005 with the approval of the Terms of Reference for the EA Study. MTO submitted the final EA Study to the Ministry of Environment (MOE) for review on August 28, 2009, triggering the start of the formal MOE review process which ended on October 16, 2009. 1.2 On December 18, 2009, MOE released a Notice of Completion advising that it had completed its review of the EA Study and the comments submitted during the formal .review period. This marked the start of a five week public comment period during which comments can be submitted on the proposed undertaking, the EA and on MOE's review. The Minister of the Environment will make a decision on the Highway 407 EA after the public comment period, which will end on January 29, 2010. 1.3 Municipality of Clarington Comments on the 407 EA 1.3.1 The Municipality has had numerous opportunities through the 407 EA process to submit comments on the EA Study, through both staff reports to Committee and Council and staff-level meetings. These include the Municipality's comments on the Preliminary Design Plans for the 407 (Staff Report PSD-033-09, March 30, 2009 GPA) and the Pre-Submission Draft EA (Staff Report PSD-075-09, July 6, 2009 GPA), as well as comments previously submitted to MOE on the EA (Staff Report PSD-092-09, September 28, 2009 GPA). At each of these submissions, MTO has responded in writing to each of these submissions. 1.3.2 At this point, there are only five outstanding issues remaining which have not been resolved to the Municipality's satisfaction. These issues are discussed in Sections 2 through 6 of this report, with the Municipality's comments set out in bold italics. MOE has informed Staff that failure to submit our concerns could mean that they will remain unresolved. 2.0 CLARINGTON ENERGY PARK AND COURTICE INDUSTRIAL LANDS 2.1 Background 2.1.1 The Clarington Energy Business Park (Energy Park) occupies 129 ha and is located immediately south of Highway 401 and north of the CN rail corridor, between Courtice Road and Soling Road. A Secondary Plan for the development of the Energy Park was prepared by the Municipality and incorporated by amendment into the Clarington Official Plan in February 2005. REPORT NO.: PSD-010-10 PAGE 4 Figure 1: Approved Land Use Plan - Clarington Energy Business Park 2.1.2 The Secondary Plan is intended to guide the development of the business park to take advantage of the .area's proximity to the Darlington Nuclear Generating Station immediately to the. east and to encourage the establishment of businesses in the energy and environment sectors. This latter objective is especially important given the Municipality's need to strengthen its industrial/commercial assessment base and reduce its reliance on its residential assessment base. Currently, the Municipality's non-residential assessment base is only 9%. 2.1.3 The East Durham Link connects to Highway 401 immediately to the north of the Energy Park. The freeway-to-freeway interchange, as well as the associated improvements to Highway 401 and the Courtice Road interchange, and the proposed construction of a stormwater management pond at the southeast quadrant of the Courtice Road interchange, results in a significant encroachment into the Energy. Park. Not only does this result in a significant loss of developable lands from the Energy Park (approximately 20 ha), a section of South Service Road will also be eliminated. This road is important for the efficient movement of non-Energy Park traffic, in particular traffic travelling to and from the adjacent Nuclear Generating Station. 2.1.4 The existing Courtice Industrial Park, which is located immediately to the north of Highway 401, is also affected by East Durham Link and interchange, as well as the associated on-off ramps to Highway 401. REPORT NO.: PSD-010-10 2:2 Previous Municipal Comments PAGE 5 2.2.1 in Report PSD-033-09; the Municipality indicated that options are available to mitigate the loss of developable lands in the Energy Park provided that satisfactory arrangements can be made for the short, medium and long. term re-alignment of South Service Road. It was also noted that ultimately, Energy Park Drive will assume the function of the South Service Road, but the South Service Road may continue to be needed for internal traffic distribution. 2.2.2 The Municipality requested the 407 Project Team to revise the EA to indicate that section of Energy Park Drive near Solina Road (the Crago lahds) as the Province's responsibility under the EA to replace South Service Road. MTO indicated that "reinstatement of the South Service Road would be the responsibility of MTO" and further that if "South Service Road is not required and traffic can be accommodated through the Energy Park network, that MTO would be prepared to discuss possible financial arrangements". 2.2.3 In Report PSD-110-08, the Municipality had indicated that long-term industrial/ commercial tax loss would result from the loss of 28 ha of employment lands in the Courtice Industrial Park, including iwo vacant parcels with active development applications that have. been rendered undevelopable. The Municipality has been working with the Region of Durham in their Official Plan conformity exercise for Places to Grow to designate employment lands adjacent to the 407 corridor as replacement for those being removed by the 407 related works. 2.2.4 The EA does not discuss the impact of the East Durham Link on the Clarington Energy Business Park and Courtice Industrial Park. The EA states that the East Durham Link transportation corridor "traverses Employment Lands" and then continues with the statement that "The proposed corridor does not impact any designated area of commercial or institutional lands". The Employment Lands are zoned Industrial Land Use and thus, technically are not Commercial or Institutional. Figure 2: East Durham Link/Highway 401 Interchange REPORT NO.: PSD-010-10 PAGE 6 However, the EA is not correct in stating that there is no socio-economic impact as the East Durham Link affects the Industrial/Commercial tax base of Clarington. 2.2.5 Clarington is disappointed that the 407 EA study did not acknowledge the significant impact of the East Durham Link on the Clarington Energy Business Park and the Courtice Industrial Park. MTO has responded that the "freeway-to-freeway interchange and its associated works do result in a reduction in the available developable land in these two areas"; however, they believe the "enhanced access and exposure for these development areas" compensates for the loss. 2.3 Clarington's Comments to Ministry of Environment 2.3.1 South Service Road -The timing of the construction of the 407 Link and the development of Energy Park Drive are both currently undetermined; therefore, it is difficult at this point to indicate whether MTO's response (indicated in 2.2.2) is acceptable. Rather it would be preferable if MTO would agree to contribute funds towards the construction of Energy Park Drive as the ult/mate location of a south service road. Reinstating South Service Road adjacent to its current /ocat/on and at its current standard along its length will only be necessary if the ultimate alignment of Energy Park Drive is not available for development MTO could help ensure that this is not necessary (see 2.3.3 below). 2.3.2 Loss of Designated Industrial Lands -The Region of Durham, Through Official Plan Amendment 128, is attempting to designate additional industrial lands in Clarington along the 407 Link. The Province has pot approved this amendment; as such, there is no replacement for the loss of the designated lands or the future tax revenue that the Municipality would derive from these lands. 2.3.3 Given that no commitment on the replacement of designated lands is possible by MTO, MOE has suggested that Clarington propose an alternate solution for the compensation of the socio-economic impact being incurred. Accordingly, the alternative being proposed is the acquisition of nearby designated lands (Lots 25 and 26) as part of the overall required acquisition for the highway, with the property being marketed for immediate development This would also ensure that the Energy Park Drive can 6e developed as the south service road at the time of construction. 3.0 RUNDLE ROAD AND HOLT ROAD 3.1 Background 3.1.1 Holt Road and Rundle Road are both important north-south local roads in Clarington between the urban areas of Courtice and Bowmanville. Holt Road connects to Highway 401 through a partial interchange and provides direct access over Highway 401 to the Darlington Generating Station. The road is improved to a year-round standard between the Generating Station and Taunton Road (Regional Road 4), and Concession Roads 6 and 7. The 2 km section between Taunton Road and Concession Road 6 is currently unimproved. Rundle Road is an improved road REPORT NO.: PSD-010-10 PAGE 7 maintained year round through its entire length from Highway 401 to just north of Concession Road 7. r---- o a I _ -- - ~ z ± SO LINA ~ Proposed 407 Route ~ ,;, ,~ =~=~ ~ r ~_ CONC ESSION ROAD 6 - - ,'-W ~ = 1 ~ z ~~ o ~ ;' ~ I ~ P j ! o ~ "r = ~ H MA T ON m , . _ , ~ ~I I ~" < ` ~; ~ _ ~'~'" ;~ ,TAUNTON ROAD N - _- & ~ o 1 , • ~ 1 . 7 ;~; U G N 1 >(;J" X 1 Figure 3: Rundle Road and Holt Road 3.1.2 The construction of the East Durham Link will result in a 2 km segment of Rundle Road being lost. As a result, Rundle Road will become discontinuous between Taunton Road and Concession Road 6. Rundle Road will terminate at Taunton Road, while that section north of the 407 will be truncated. Due to the fact that Holt Road, which lies 800 m to the east, is unimproved between Taunton Road and Concession Road 6, both northbound and southbound local traffic on Rundle Road will have to detour either onto Solina Road through the hamlet of Solina (800 m to the west), or onto old Scugog Road through the hamlet of Hampton (2.5 km to the east). 3.1.3 The development of Holt Road to a year round standard will maintain north-south connectivity and will ensure that emergency services have an alternate route to access both Solina and Hampton. REPORT NO.: PSD-010-10 PAGE 8 3.2 Previous Municipal Comments 3.2.1 The Municipality has previously recommended to the Project Team that Holt Road between Taunton Road and Concession Road 6 be improved to year-round municipal road standards to replace the loss of Rundle Road, and that this. road improvement should be indicated in the EA as part of the 407-related works. The Municipality's consultant has estimated that the cost to improve Holt Road to be approximately .$1.57 Million. 3.2.2 The Municipality also recommended that the Holt. Road overpass be constructed as part of the initial 407 works. to maintain access for emergency services and to agricultural lands. 3.2.3 MTO responded that any improvements to Holt Road between Taunton Road and Concession Road 6 will not be included as part of the EA submission, and that Clarington would be responsible for such works once the need and justification has been realized. MTO also stated that the timing for the construction of the Holt Road overpass will be determined during the implementation phase, and that they will consult with Clarington to ensure that the agricultural needs in the vicinity of Holt Road are. addressed. 3.2.4 In their most recent response, MTO has indicated they are prepared to discuss this issue further during subsequent design phases, including a potential cost sharing arrangement. 3.3 Clarington's Comments to Ministry of the Environment 3.3.1 The 407 EA submitted to MOE does not include the improvement of Holt Road between Taunton Road and Concession Road 6 to a year-round municipal standard. The construction of an overpass for Holt Road at the 407 Mainline is included in the EA submission. 3.3.2 REPORT NO.: PSD-010-10 PAGE 9 3.3.3 It continues to be the Municipality's position that the reconstruction. of Holt Road to a full municipal standard between Taunton Road and Concession Road 6 should be included in the EA as a 407 East project related work. Clarington does acknowledge that the potential cost sharing arrangement 6y MTO could include the necessary EA for. the reconstruction of Holt Road as a stand alone project; however, more clarity on timing and the potential cost sharing arrangement is needed. 4.0 LIBERTY STREET INTERCHANGE 4.1 Background 4.1.1 The EA submitted to MOE includes interchanges at Regional Road 57 and at the Darlington-Clarke Townline only. Liberty Street would be a simple grade separation with no direct connection to Highway 407. There is also an interchange on the Durham East Link at Highway 2, and a partial interchange at Taunton Road (access to and from the south only). Traffic from Bowmanville destined for the 407 will predominantly be served by the Regional Road 57 and Highway 2 interchanges, as opposed to either the Taunton Road partial interchange or the Darlington-Clarke Townline interchange. 4.2 Previous Municipal Comments 4.2.1 The inclusion of an interchange at Liberty to serve the .anticipated growth in Bowmanville over the planning horizon has been a concern by Clarington since the inception of the 407 study. The Municipality reviewed the Highway 407 transportation model undertaken for the EA to determine whether an interchange at Liberty Street would be necessary or beneficial from a road capacity perspective, given the future planned land use and road network in Clarington. The 407 transportation model was on an untolled scenario (e.g. free access); the EA recommended design would result in a concentration of traffic on the approach routes to the two interchanges serving Bowmanville traffic, particularly at the Regional Road 57 interchange for an untolled scenario. 4.2.2 It has been confirmed by the Provincial government that the 407 East extension will be tolled. .The Municipality previously requested the 407 Project Team carry out transportation models for a tolled scenario to include the impacts on the local road network, which can anticipate increased traffic, now that the 407 is to be tolled. MTO responded that the traffic analysis undertaken as part of the EA confirmed that the interchanges at Regional Road 57 and Darlington-Clarke Townline could accommodate anticipated traffic volumes for the planning horizon. MTO also indicated that, in their opinion, an interchange is not required at Liberty Street, but that a future interchange at Liberty Street is not precluded as part of a separate study approval process. REPORT NO.: PSD-010-10 4.3 Clarinaton's Comments to Ministry of Environment PAGE 10 4.3.1 The Highway 407 EA indicates interchanges on the 407 Mainline at Regional Road 57 and at the Darlington/Clarke Townline, while no interchange is proposed at Liberty Street C1alington remains concerned that insufficient justification has been provided in the EA to support the locations of interchanges between Regional Road 57 and Highway 35/115, and that the interchange locations as currently proposed would have a negative impact on the local road network and not serve future growth in the Bowmanville Urban Area 4.3.2 Earlier drafts of the 407 EA had indicated an interchange at Bethesda Road northeast of Bowmanville. The Municipality previously advised MTO that Bethesda Road does not provide good connectivity to either the existing or planned local road network, and that an interchange located at Liberty Street would better serve planned growth in the Bowmanville Urban Area. The Municipality had also noted a concern that the absence of an interchange between Highway 35/115 and the Bowmanville area would increase response times for emergency vehicles. The Technically Preferred Route for the 407 eliminated the Bethesda Road interchange and located a new interchange at the Darlington/Clarke Townline, but did not propose a new interchange at Liberty Street. 4.3.3 It is C/arington's position that MTO has not undertaken a sufficient analysis of the local/regional road network to coni<rm that an interchange is better located at the Darlington/Clarke Townline than at Liberty Street. As well, because the traffic modelling undertaken by MTO does not reflect a tolled scenario, the model does not adequately characterize the Impact of the 407 on the local road network. 4.3.4 A preliminary analysis undertaken by the Municipality's consultant indicated that afull-movement interchange at Liberty Street would help to disperse projected traffic volumes on the approach routes to Highway 407 from the. Bowmanville area, lead to lower trefhc pressure on lower-order east-west roads, and help to alleviate high intersection turning movements along the Regional Road 57, Taunton and Liberty Street corridors. 4.3.5 As well, the interchange at .the Darlington/Clarke Townline appears to be primarily intended to meet emergency access/maintenance requirements. Even if it is included in the approved EA, there has been no commitment from MTO that the interchange at Darlington/Clarke Townline would be built for the "opening day scenario". It should also be noted that MTO has previously agreed to provide emergency and maintenance access from the commercial vehicle inspection station that is proposed near Acres. Road. 4.3.6 It is Clarington's position that the EA as submitted is deficient without an analysis of the results from a tolled scenario modelling exercise and a robust examination of the impact of the 407 on the local road network in Clarington. This level of analysis is required in order to justify the interchange locations REPORT NO.: PSD-010-10 PAGE 11 which serve the Bowmanville Urban Area between Regional Road 57 and Highway 35/115. 4.3.7 Alternatively, the Municipality would accept the elimination of the Darlington/Clarke Townline interchange within the planning horizon of the 407 EA, provided that a full movement interchange is located at Liberty Street and MTO guarantees that emergency access will be provided through the commercial vehicle inspection station on opening day. 5.0 WASHINGTON ROAD 5.1 Background 5.1.1 Washington Road is a local road that runs between Taunton Road and Regional Road 6 southwest of the hamlet of Solina. The portions of the road north of Taunton Road and south of Concession Road 6 are maintained year-round, but approximately 765 m in the middle is seasonally maintained, in very poor condition and impassable to agricultural equipment. 5.1.2 The 407 Mainline corridor cuts across the maintained portion of the road allowance. MTO currently owns the lands within the corridor and to the north and south. These lands are leased to a local farmer who operates an active agricultural operation. Agricultural access to the fields is currently gained from Washington Road via Concession Road 6 (from the north). 5.1.3 The construction of the 407 .Mainline will prevent access to the agricultural fields south of the highway. MTO will be unable to either lease or sell these lands for agriculture use unless access is provided, with the result the lands will become remnant. parcels unnecessarily. 5.2 Previous Municipal Comments 5.2.1 The Municipality has previously requested MTO to revise the EA to include the improvement of that portion of Washington Road north of Taunton Road to a seasonal standard as a 407 project-related work. This work is necessary to maintain access to the agricultural fields south of the 407 Mainline. MTO responded that the 407 project team will not be seeking EA approval to carry out improvements to Washington Road north of Taunton Road. In their opinion, the presence of the 407 Mainline does not affect continued access to these agricultural fields and that, if and when such improvements are justified, they will be Clarington's responsibility. 5.3 Clarington's Comments to Ministry of Environment 5.3.1 Caarington agree with MTO that "additional discussions between Caalington staff and the 407 Project Team are necessary...in order to develop a common understanding of the future use of these lands." REPORT NO.: PSD-010-10 ~•--- i i i so _ uHn ~ - -- Proposed 407 Route j I ~ CONCESSION ROA~e~ I- _ ~ ' SC%= a - - ,1 _ o $~ z ¢ a ~X s~ t7 N 9a Q C ~ 3 K O --~-t~ ~---~ TAUNTON RORD ~ N - I MITCHELL CORHERS~ __~ ~'~ I I I Figure 4: Solina-Washington PAGE 12 5.3.2 The Municipality of Clarington is concerned that, without the requested improvements to Washington Road, the agricultural vela's south of the 407 Mainline will become inaccessible to farm equipment and productive farm land will be unnecessarily taken out of production. The road has .vertical inclines/declines that prevent agricultural equipment from accessing the field from the south portion of Washington Road. The Municipality is not requesting that the road be upgraded to year-round municipal standards. Rather, minor improvements to the vertical alignment. and the clearing of overhanging vegetation in the seasonally maintained section along the road right of-way is required to maintain access to the agricultural fields. 6.0 CULTURAL HERITAGE RESOURCES 6.1 Background 6.1.1 The 407 Project Team has previously provided Impact Assessment Reports to the Clarington Heritage Committee that identified the cultural heritage resources that will either be displaced or disrupted by the 407. General mitigation strategies were proposed based on the .degree of impact and the nature of the resource such as landscape screening for heritage resources that will be disrupted, and a Cultural Heritage Evaluation Report for resources proposed to be displaced. REPORT NO.: PSD-010-10 PAGE 13 6.2 Previous Municipal Comments 6.2.2 The Clarington Heritage Committee has identified 27 built heritage resources included in the Impact Assessment Reports that have been recorded in the Committee's Inventory of heritage buildings. The Heritage Committee has previously submitted comments to MTO with respect to the mitigative measures proposed for the built heritage resources that will either be disrupted or displaced by the 407 transportation corridor. 6.2.3 6.3 Additionallnformation 6.3:1 MTO has previously committed .that consultation with municipalities will be ongoing throughout subsequent design phases and will include discussions regarding displaced built heritage resources. On this basis, the Municipality of Clarington had advised MOE that its concerns with respect to built heritage resources. had been satisfied. 6.3.2 On December 14, 2009, the Municipality received a letter from MTO in response to the addition of 5531 Bethesda Road and 5681 Acres Road to the Municipal Register of properties of cultural heritage value or interest as non-designated heritage properties (Attachment 2). In the letter, MTO indicates that they are more than willing to share information, obtain municipal input and discuss mitigation strategies for cultural heritage resources. The letter also notes that the Province has ultimate responsibility for. making the decision on the appropriate mitigation strategy and is not bound by the requirements under the Municipal Register. Of particular interest are the following eight built heritage structures that will be displaced by the 407. The Heritage Committee has recommended specific mitigative measures to the 407 Project Team for these resources: REPORT NO.: PSD-010-10 6.4 Clarington's Comments to Ministry of Environment PAGE 14 6.4.1 The Municipality of Clarington has previously advised MOE that its concerns with respect to MTO's treatment of cultural heritage resources to be affected by the 407 had been satisfactorily addressed This position was based on MTO's response provided on November 18, 2009 in which they indicate "that consultation with municipalities will be ongoing through subsequent design phases and will include discussions regarding displaced built, heritage resources ..... and disrupted built heritage." 6.4.2 The Municipality acknowledges the Province's authority to make final decisions with respect to built heritage resources affected by the Highway 407 extension. However, the December 14, 2009 letter does »ot provide the level of comfort that the Municipality requires in .order to ensure that its concerns wifh respect fo the mitigation of impact on affected heritage resources are given appropriate consideration. 7.0 CONCLUSIONS 7.1 Staff recommend that this report be approved as the Municipality's comments on the Environmental Assessment Notice of Completion for the 407 East Extension. After reviewing all comments submitted, the Minister may approve the EA without any changes, approve the EA with revisions, or refuse to approve the EA. A decision is anticipated in mid-2010. Should the EA be approved, the planning process for the project will be complete, and the implementation of the project will commence. 7.2 Staff will continue to liaise with MTO throughout the next phase and will continue to work towards resolving any outstanding issues where possible. Engineering Services staff will particularly be involved on behalf of the Municipality with respect to the phasing of the project (which is not part of the EA process) and with respect to any financial implications that the 407 project will have on the Municipality as it progresses. Staff Contacts: Janice Szwarz, Leslie Benson Attachments: Attachment 1 -Pages 108-113 of the Government Review Team Comment Summary Table Attachment 2 - Letter from Dan Remollino, MTO December 14, 2009 REPORT NO.: PSD-010-10 List of interested parties to be advised of Council's decision: Jeffrey Dea John Hammond Dan Remollino, P. Eng. William J. Hasiuk Doug Allingham, P. Eng. John O'Toole, M.P.P. Abe Afana Ron Armstrong Ann Ball Jim Ballentine Dorothy Barnett Fred Biesenthal Mark Bragg Mark Canning Jean-Maurice Cormier Walenty & Maria Cyrganowicx Yvonne Doorenspleet Rolf & Tanya Fabricius George Field Linda Gasser Mark Hawkins Dave Horner Karina Isert Jennifer Knox Jo-Anne McFarland John and Barbara Montague Denise Pickett Libby Racansky Hala Rawdah David & Bev Rogers Jim Slyfield Bradford Soles John Sturdy John Waters Ted Watson PAGE 15 Attachment 1 To Report PSD-010-10 0 m .~ 7 m .N .q f-" d H ~` E a G O U 8 Y d fYi a+ e v e i v C7 v a h 0 .~ c, F w 0 N ui ~^" ~ ° W ~ n ~ C ~r O w O R N h O O G G o O L L a a. ti w N G C ~ - ^ H O '~ .V.. ~ ' o ~ N rn O. a1 'O ~ ~ ~ v C '~ "' ~" r `' ~ G' y o w ~ ~ ~ v~ of ~ Ca aki ~ ~.~ ~ ~ .[ ~ ~ x. V U d G a j 'O ~ y ^O C O C ,~ ~ ~N O~ y v ft. W 'D y~ (~ v •~+ m 'ai Q d~ 6 W ~oc~~o"ocQ, .e~~a~oc° ow 5uo o c a~ ° c ~„? ~^~a -oo.:.~«'~'~~~> ~~~ icy U o M 4 ~ 'D ~ 3~~ y ~' a.UU a~~i o~ o ~'~' ° ro °o~g'c Q,U o w ~ y .ox a .c «.l ~ .. 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V N 9 y'~~-+ '~.o a.~i:Y ~ 3 °`'~° `" ~ ~~•= ~_ °a.~•g o T~ ~_~ 0.m ° ° y ~,,Nra ~ ° o $ ~ ~ "d ~ 'L r '~ ~ O ^ _ ~ _' ti ~" p '> y ari ~ o p y ~ 'O O 'C N m N ~ ~ O d X x G.. rn `~ :: ~ o.??-e°~,.°-.~~ c ~ °c ~_ nod °~' oa ~'~ v ~•~ ~ ~::~ a~.~~~~a ~ >,?? °' p '- °^ tio:?`~a''y"~co o.. .boa 3°• °^ov~a~r w o aai m o .~ o p .c c.. .F a ~ y ~ C • u ;; ~ a ~ ~ o 'ch~V ~ v ~~ v ~ ~ b m a. ° c c o a° aY w o• ~a s ~ ° o~~ v o M ~a~ v~ ~b F-o os ~ ro o v E d ~,..~vQ=o Hxd~ vUsa 3U M E a Attachment 2 To Report PSD-010-10 Ministry of Transportation Planning and Environmental Office Central Region 3rd Floor, Bldg. 'D' 1201 Wilson Avenue Downsview, ON M3M 1J8 Tel.: 416-235-5485 Fax.: 416-235-3446 December 14, 2009 Minist~re des Transports Bureau de !a ptanification et de I'environnement Region du Centre 3a stage, educe D 120i, avenue Wilson Downsview, ON M3M 1J8 T81.: 416-235-5485 Telec.: 416-235-3446 Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Attention: Isabel B. Little, MCIP, RPP Planner, Special Projects Dear Ms. Little: rte. ~l"'~ntario ~.^~~ P. U` ..~.i !... '.!t tl. ,R. .r. OP3 I ~.. _.,.... _~ G- _, n. _ ~ ..,-t i Re: 407 East Environmental Assessment (EA) Municipality of Clarington Comments Re: Adding Properties to the Municipal Register of Properties of Cultural Heritage Value Ministry of Transportation Responses Your File No.: PLN 34.15.4 Thank you for your September 17, 2009 letter regarding a Staff Report recommending that the properties at 5531 Bethesda Road and 5681 Acres Road be added to the Municipal Register of properties of cultural heritage value or interest as non-designated heritage properties. The MTO owns both properties as they are required for the proposed future 407 East right-of-way (ROW). As part of the 407 East EA's Built Heritage Impact Assessment, these properties were identified as cultural heritage resources and as such will require a Cultural Heritage Evaluation Report (CHER). MTO appreciates Clarington recognizing their heritage value by proposing to add these properties to the Municipal Register. It should be clarified, however, that the Province has the ultimate responsibility for making the decision on the appropriate mitigation strategy and is not bound by the requirements under the Municipal Register. As part of the CHER, in addition to the determination of the appropriate mitigation strategy, there will be a description of the heritage attributes and a statement explaining the cultural heritage value or interest of the properties. MTO would be more than willing to share this information and obtain municipal input, as well as the recommendations on specific mitigation strategies for these properties, and any other properties identified within the ROW as having heritage value, prior to any action being taken. .../2 Hwy. 407 East EA Municipality of Clarington December 14, 2009 Comments on Heritage Properties Ministry of Transportation Reponses -Your Pile: PLN 34.15.4 I trust the foregoing comments are helpful and clarify the ministry's position. Should you have any questions or concerns, please do not hesitate to contact me. We look forward to your continued cooperation on this important initiative. Sincerely, r \~ Dan Remollino, P. Eng. Project Manager 407 East Environmental Assessment c.c. Richard Unterman, Unterman McPhail Associated J. Dowell (MRC) B. Gotts (MRC) D. Allingham (AECOM) B. Jamieson (AECOM) D. Kemper (MTO) D. Proudfoot (MTO)