HomeMy WebLinkAboutPSD-012-10Clari~gton
Leading the Way
Meeting: GENERAL PURPOSE ANI
Date: Monday January 18, 2010
Report #: PSD-012-10 File #:
REPORT
PLANNING SERVICES
~ ADMINISTRATION COMMITTEE
~~sd\w-~n~ ~~'~P~ -d3~-( ~
RE 9.3, RE 6.9.11 and By-law #: ~O(0-OD`1
RE 6.9.4 a0/O' 008
Subject: EXCHANGE OF LANDS WITH CLOCA, BOWMANVILLE VALLEYLANDS 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-012-10 be received;
2. THAT the property being Parts 1, 3, 4 and 5, Plan 40R-14254, former Darlington
Township, Roll Number 181701011022800, approximately 57.5 ha, in the Long Sault
Conservation Area be DECLARED surplus;
3. THAT the Mayor and Clerk be authorized to sign the attached by-law on behalf of the
Municipality declaring Parts 1, 3, 4 and 5, Plan 40R-14254 as surplus;
4. THAT the property be conveyed to the Central Lake Ontario Conservation Authority in
exchange for 8 properties set out in Schedule 1 in Attachment 1 attached to this report,
approximately 45 ha in the Bowmanville Urban Area; along the Bowmanville valley;
5. THAT 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;
6. THAT 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;
7. THAT 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;
REPORT NO.: PSD-012-10 PAGE 2
8. THAT the Mayor and Clerk be authorized to sign the attached by-law on behalf of the
Municipality to execute the land exchange offer from the Central Lake Ontario
Conservation Authority for the lands in the Bowmanville Valley; and
9. THAT all interested parties listed in Report PSD-012-10 and any delegations be advised
of Council's decision.
Staff Contact: Faye Langmaid
Submitted by: ~~ Reviewed by:
Davi . Crome, MCIP, RPP
Director of Planning Services
FUDC/sn
12 January 2010
C~r-~-eQ__-P:~~z~,
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-012-10
PAGE 3
1.0 BACKGROUND
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 On March 2, 2009 Council confirmed the recommendation in PSD-021-09 being:
THAT the land exchange proposed by the Central Lake Ontario Conservation
Authority be APPROVED in principle;
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;
THAT a further report be brought back to Council with the details of the land
exchange.
1.3 The purpose of this report is to address the issues regarding the landfill, erosion and
ongoing operations. In addition the details regarding the land exchange are outlined.
2.0 COMMENTS
Bowmanville Vallev Lands
2.1 In PSD-021-09 staff recommended that the former landfill site north of Longworth not be
included in the land exchange but rather left in CLOCA ownership. CLOCA are willing to
provide a right of access and easement for a future trail system, should it be required
and this can be registered as an easement over the property rather than requiring a
lease agreement with CLCOA at a future date. In exchange, the Municipality will provide
an access easement across our lands (the strip between Longworth and the landfill) to
CLOCA for maintenance purposes.
2.2 The Engineering Services Department and Operations Department identified a number
of issues they wished to have addressed being:
• The erosion. of the Bowmanville Creek south of Longworth at the base of Don Morris
Court
• The erosion of the Bowmanville Creek south of Longworth Avenue in the vicinity of
Jackman Road, the area adjacent to Linden Lane and the area north of Longworth
Avenue in the vicinity of the landfill
• The capital costs for erosion control repair works
• The slumping of the top of the creek bank in the vicinity of municipally owned lands
fronting on Munday Court
REPORT NO.: PSD-012-10
PAGE 4
• The ongoing maintenance and operation costs for additional valleylands within the
urban area
• Future Alignment of boundary Road (Manvers/Darlington)
• The potential for claims from private home owners for loss of lands to natural
processes along the Bowmanville Creek.
2.2.1 The erosion control works at the foot of Don Morris Court was 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. The erosion works are guaranteed for a year
and Engineering Services Department are holding securities for the subdivision works.
2.2.2 CLOCA has been monitoring the erosion and have carried out a number of bio-
engineering works along the Bowmanville Creek. These works consist of a two-stage
erosion protection works, there is armouring (concrete and armour stone) within the
bank, that is now covered with vegetation and not visible. The front line defense is
vegetated rip rap and crib walls. Some of these have been scoured by ice and require
additional stone, soil and replanting which CLOC is willing to assist with (see
Attachment 3).
839
REPORT NO.: PSD-012-10 PAGE 5
2.2.3 The capital cost for erosion control repair works much like road works will have to be
budgeted for as part of the overall capital budget. However, the erosion control works,
especially in the area of the Longworth Bridge are necessary for the long-term integrity
and structural stability of the bridge. Regardless of whether the Municipality owns the
valleylands, the Municipality would want the erosion works to be maintained to protect
both the infrastructure investment in the bridge and road works and the subdivisions
that the Municipality has approved. If the valleylands are left in the hands of the
Conservation Authority as per the mandate of the CA, the natural processes of the
creek being erosion and deposition will be allowed to evolve.
AREA OF
SLUMPING
2.2.4 The slumping of the top of the creek bank in the vicinity of municipally owned lands
fronting on Munday Court has stabilized and been vegetated over. As the creek
meanders back and forth within its valley, it may again at sometime in the future begin
to undercut this bank; this is a natural process. There is sufficient land at the top of the
bank to allow for this natural process to continue.
2.2.5 The ongoing maintenance and operation costs for additional valleylands compared to
other parkland is less costly to maintain than sports fields and horticultural parks. The
major cost would be the ongoing trail maintenance once they are developed. However,
additional funds should be allocated as part of the ongoing parks operation budget to
address this additional acreage in the urban area. Specifically, Operations advise that
additional costs will be incurred for signage, inspection, flood damage repair, erosion
840
REPORT NO.: PSD-012-10 PAGE 6
and hazard abatement including the removal of trees abutting private property that are
damaged by storm events.
2.2.6 The potential for claims from private home owners for loss of lands to natural processes
along the Bowmanville Creek, regardless of valleyland ownership are a possibility. The
Municipality has followed standard practices pertaining to residential development along
water courses. The Municipality, having granted approval for the subdivisions albeit in
.concert with the conservation authority, would most likely be named in any proceeding
regardless of ownership.
2.2.7 The potential future realignment of Boundary Road is unlikely, however, in the event
that works are required CLOCA has advised that they 'tivould not anticipate any
problems with a realignment provided it was to existing standards (i.e. 2 lane existing
surface) and met the requirements of the Oak Ridges Moraine Conservation Plan
Section 41 (2) and (3).
Lona Sault Lands
2.3 The Long Sault Lands include a red pine plantation that the Municipality is not actively
managing and is showing signs of stress that needs to be addressed by an ongoing
thinning program. The Conservation Authority owns approximately 1300 acres within
the Long Sault Conservation Area and the thinning of red pine stands is part of their
overall forest management program. The Conservation Authority land holdings lie
between. Regional Road 20 and the Clarington/Scugog boundary road and as far west
as Grasshopper Park Rd.
Immediately to the north in Scugog Township is the East Cross Forest which currently
totals 1100 acres, bringing together with Long Sault 2400 acres of contiguous lands
within the core natural area of the Oak Ridges Moraine.
The Oak Ridges Trail Association (ORTA) 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. The portion of the trail on the land being transferred can be added to the
CLOCA/ORTA agreement.
Should the Conservation Authority wish to dispose of the lands at Long Sault or cease
to exist, provision will be made for the ownership of this parcel to revert to the
Municipality.
Appraised Value
2.4 Typically when the Municipality is purchasing or disposing of property, it is done so based
on an appraised value. In this case the lands being exchanged have limited value on the
open market because of their designation as environmental protection in the Official Plan
and Zoning By-law. The respective acreages are 57.5 ha for Long Sault and 45 ha for
Bowmanville Valley lands on 8 properties. In addition, the exchange is between two public
REPORT NO.: PSD-012-10
PAGE 7
agencies both with mandates for the protection of environmental lands. The lands within
the urban boundary are being transferred to the Municipality to facilitate their
incorporation into the trail system and the rural lands are being transferred to the
conservation authority for active management of the forestry resource.
Given the circumstances set out above, Staff are recommending that an appraisal is not
necessary for the exchange of these lands.
Declaration of Lands as Surplus
2.5 Municipal lands that are being disposed of whether by sale or exchange must be declared
surplus. To declare land surplus, the Municipal Act requires that it be advertised in a local
circulation newspaper. The advertisement is Attachment 5 and will appear in the January
15`h issue of Clarington This Week and January 20"' issue of the Orono Times.
3.0 CONCLUSION
3.1 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.
Staff Contact: Faye Langmaid
Attachments:
Attachment 1 - Bowmanville Valleylands showing transferable CLOCA lands and Schedule 1
Attachment 2 - Long Sault Conservation Area showing transferable MOC lands
Attachment 3 - Letter from Perry Sisson and Memo from Perry Sisson
Attachment 4 - Surplus Property By-law
Attachment 5 - Notice of declaration and transfer of surplus property
Attachment 6- Land Exchange By-law
Interested parties to be notified of Council's decision:
Russ Powell, CAO CLOCA Frank Lockhart, Valleys 2000
Harold Sellers, ORTA
Schedule 1 to Attachment 1
To Report PSD-012-10
Schedule 1
Roll Number P.LN. Number Acreage
181702001007500 266150214 39.22 ac
181702001007575 266150215 5.34 ac
181702001002910 266140034 9.20 ac
181702001007014 266140035 14.20 ac
67.96 ac
B4}WMA NVILLE S4JUTH CQNSERYATI4N AREA
181702004002510 269320243 0.94 ac
181702004002510 269320248 15.74 ac
18.68 ac
_ _ __
181702013000110 266440044 11.75 ac
181702013000506 266450071 15.07 ac
28.82 ac
Attachment 1
To Report PSD-012-10
Legend
Area
® Transferrable CLOCA Lands
M.O.C. Lands
- CLOCA Lands
®:
jl N
W~
Lake Ontario E
s
Owners
~./dl'IIl~C(Kl Bowmanville Valleylands Showing Transferrable CLOCA Lands
l..m.R ~e, w
843
Attachment 2
To Report PSD-012-10
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`~ Central
Lake Ontario
C011SeYVatlOn
Member of Conservation Ontario
June 15, 2009
Municipality of Clarington
40 Temperance Street
Bowmanville, ON LIC 3A6
Attention:. Faye Langmaid
Dear Faye:
Attachment 3
To Report PSD-012-10
100 Whiting Avenue
Oshawa, Ontario
L1 H 3T3
Phone (905)579-0411
Fax (905)579-0994
Web: www.cloca.com
Email: mail@cloca.com
JUN ' 7 20D9
Subject: Bowmanville Valleylands -Longworth Avenue
CLOCA IMS File: LBVLl
Please find attached a copy of the 2003 North Bowmanville Creek Realignment by Sernas
Associates and Parish Geomorphic. As discussed on site, this plan shows the armouring that has
been provided beyond the creek banks to protect the former municipal dump site, Longworth
Avenue, and private properties. The plan also shows the creek bank treatments including
vegetated rip rap. and vegetated crib walls. The realignment of Bowmanville creek through this
reach was a major undertaking to accommodate urban development.
As noted on our inspection and as discussed, the creek continues to erode and shift location. In
particular, the crib wall upstream of Longworth Avenue has been significantly damaged by ice
and high flow events. CLOCA owns about 5,000 acres of conservation land, and our position on
stream erosion is simple - it's a natural, healthy, process that should be allowed to continue.
Streams also adjust more rapidly when they are irritated by land use change or physical
alterations. Unfortunately, stream erosion becomes an issue when public infrastructure or private
property is placed in the stream path.
With respect to the Longworth Avenue reach, we do not propose to undertake any significant
restoration works to replace the failed crib sections. We may apply for CFWIP funding and host
community restoration work with local anglers if sufficient interest is available, but the work.
would be limited to stone and plant placement to enhance the fish habitat through the section. If
the creek continues to migrate and cause concern for the Longworth Avenue bridge works, we
Page 1 of 2
What we do on the land is mirrored in the water
Central Lake Ontario Conservation
Attention: Mr. Peter Windolf June 15, 2009
would obviously cooperate with the municipality and allow further erosion protection works to
be implemented as necessary.
The attached plan also shows the limit of the former municipal dump site. The site was disturbed
with the construction of Longworth Avenue, and a clay lining was placed to contain any seepage
from the dump in this area.
If you have any questions or comments, please feel free to contact the undersigned at your
convenience:
Yours truly,
R. Peny Sisson, P.Eng.
Director. En¢ineerin¢ and Field Operations
RPS/bb
cc: Peter Windolf, Municipality of Clarington
Leslie Benson, Municipality of Clarington
s:\engineedlette~s\2009\ClacingronLongworth.doc Page 2 Of 2
MEMORANDUM
To: Russ Powell, CAO
From: Perry Sisson, P.Eng.
Director, Engineering and Field Operations
CIC:
Date: December 3, 2009
Re: Bowmanville Valley Property
The following information is provided in response to the November 19" e-mail from Faye
Langmaid regarding the l3owmanville Valleylands and stream treatmerrts within the
Longworth Avenue and Jaclanan Road reach.
1) Although provincial funding for stream erosion control works are generally not
available, CLOCA will investigate funding for food and erosion control
infrastructure, and wit partner with the municipality is funding can be achieved.
2) Since the realignmemt of the Bowmanvi~e Creek to accommodate urban
development, stone outfall, and Longworth Avenue, some stream bank features
have deteriorated. Although the majority of the works are performing well, the
portions that have failed'nclude:
a Cribwall upstream of Longworth Ave (50m section); This is the heavily
damaged cribwall. The creek continues to shift upstream of the reach (as
evidenced by eroded banks and fallen trees upstream of the study reach),
and change the approach into this meander. The pressure is now off the
damaged cribwall, and bank erosion has shifted southerly. At the moment
the eroson is not causing any harm, although this area needs to be
monitored. The erosion may work into the Longworth Avenue drainage
ditch on the oath side of Longworth Avenue, and could influence the
location of suture trail routes north of Longworth Avenue.
b. Vegetated rip rap downstream of Longworth Avenue (70m section); The
rip rap treatment has eroded away, and an exposed clayrtu soil bank is
exposed. The erosion rate does not appear to be excessive, and there are
no stnrctures or features behind this eroded bank
File: a:lengineeilmertas~20091bowmarrvillevalley2.doc Page 1 of 2
c. Cribwall upstream of Jackman Road (20m section); The most
downstream portion of the cribwall upstream of Jackman Road has lost
the soil material from the crib structure. The feature could be repaired by
filling the crib with stonelsoil mucture and replanting.
These are the three failed areas that we have been watching. The reach should
be monitored annually after the spring freshet Bowmanville Creek has impressive
energy in the spring with ability to move soil, woody debris, and significant ice flow.
3) An estimate of costs for erosion work is attached. The estimate provided is based
on the approx~nate quantity and type of streambank treatment on the site, and
includes the costs for additional ammuring that has been placed beyond the creek'
bank to protect features such as the landfill site, Longworth bridge abutment and
embankment, and valley wall. The actual construction cast for the stream
realignment would have been signficantiy greater due to the extent of complete
creek relocation. The cost estimate provided are based on current values for the
various treatments as provided recently by R&M Construction, the contractor that
completed the work in this reach.
Flle: s:lergineerimemos12009~bowmarrvillevaAey2.doc Page 2 of 2
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Attachment 4
To Report PSD-012-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a by-law to declare the lands more particularly described as Parts 1, 3, 4
and 5 on Plan 40R-14254, former Darlington Township in the Municipality of
Clarington to be surplus
THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
ENACTS AS FOLLOWS:
1. The lands more particularly described as Parts 1, 3, 4 and 5 on Plan 40R-14254,
former Darlington Township, Roll Number 181701011022800 be declared surplus.
2. Schedule 1 attached hereto forms part of this By-law.
BY-lAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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Schedule 1 to Attachment 4
To Report PSD-012-10
« ~ PLAN 40R
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PLAN OF SURVEY
OF PART OF LOTS 192,CONCESSICN 91
TOWNSHIP OF DARLINGTON ,now In the
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
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Attachment 5
To Report PSD-012-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PUBLIC NOTICE
RESPECTING LAND EXCHANGES BETWEEN THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
AND
CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY
TAKE NOTICE THAT the Council of The Corporation of the Municipality of Caarington at
its meeting to be held in the Council Chambers at the Municipal Administrative Centre,
40 Temperance Street, Bowmanville Ontario, on Monday, January 25, 2010, at 7:00
p.m. proposes to:
(a) Pass a by-law to declare approximately 57.5 ha (142 ac) in the Long Sault
Conservation Area, more particularly described as 5800 and 5801 Darlington
Manvers Townline Road, Parts 1, 3, 4 and 5 on Plan 40R-14254, former
Township of Darlington, Roll Number 181701011022800, P.I.N. 267430047, as
shown below, to be surplus property of the Municipality; and
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AND TAKE FURTHER NOTICE THAT before passing these by-laws Council shall hear
in person or by counsel, solicitor or agent, any person who claims that their land will be
prejudicially affected by these by-laws, or either of them, and who applies to be heard.
Patti L. Barrie, Municipal Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
(b) Pass a by-law to permit the transfer of this property to Central Lake Ontario
Conservation Authority in exchange for eight properties that are within the
Bowmanville Creek valley portion of the Bowmanville Urban Area which total
approximately 45 ha (111 ac) as listed. below,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a by-law to authorize the Exchange of land:
Parts 1, 3, 4 and 5 on Plan 40R-14254, former Darlington Township be
transferred to Central Lake Ontario Conservation as set out in Schedule 1 and
P.I. N. Numbers 266150214; 266150215; 266140034; 266140035; 26932043;
26932048; 266440044; and 266450071 as set out in Schedule 2 be transferred
to the Municipality of Clarington.
Attachment 6
To Report PSD-012-10
WHEREAS at its meeting on Council of the Corporation of the
Municipality of Clarington passed By-law 2010--declaring, to be surplus Parts 1, 3, 4
and 5 on Plan 40R-14254, former Darlington Township and which lands are legally
described as Parts 1, 3, 4 and 5 on Plan 40R-14254:
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. The Mayor and the Municipal Clerk are authorized to execute, on behalf of the
Municipality of Clarington, with the Corporate Seal, land exchanges between Central
Lake Ontario Conservation and the Corporation for the lands identified on Schedules
1, and 2.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Schedule 1 to Attachment 6
To Report PSD-012-10
Schedule 1
Roll Number P.I.N. Number Acreage
181701011022800 267430049 53.5
181701011022800 267430047 4.0
Parts 1, 3, 4 and 5 on Plan 40R-14254
Schedule 2
Schedule 2 to Attachment 6
To Report PSD-012-10
1lVMA NVtLLE Nf>RTH CONSERVATit)t3t AREA
Roll Number P.LN. Number Acreage
181702001007500 266150214 39.22 ac
181702001007575 266150215 5.34 ac
181702001002910 266140034 9.20 ac
181702001007014 266140035 14.20 ac
87.96 ac
SjpWMA N1tILLE SOIITH 6t#WSERVATIf3N ARIA
181702004002510 269320243 0.94 ac
181702004002510 269320248 15.74 ac
18.88 ac
BOWMAWVILL ENYESTSIDE M~Sti C4J4f+~€SER YAI`I4)N AR€A
181702013000110 266440044 11.75 ac
181702013000506 266450071 15.07 ac
26.82 ac