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HomeMy WebLinkAboutADMIN-11-97w ~` ` ~ s THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Date: Report #: Subject: GENERAL PURPOSE AND ADMINISTRATION APRIL 7 1997 ADMIN.11-9F3ile #: ST. MARYS CEMENT AND THE WESTSIDE MARSH File # d~ ~ ~~ Res. # ~ ~-~ -9~ By-Law # Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ADMIN. 11 - 97 be received; 2. THAT Council extend its appreciation to the Honourable David Crombie and staff of the Waterfront Regeneration Trust for their past involvement in the Westside Marsh retention project; 3. THAT the Honourable David Crombie and staff of the Waterfront Regeneration Trust be requested to continue in assisting St. Marys Cement in their efforts to negotiate lands from Ontario Hydro in order to accommodate the proposed project; 4. THAT Council advise the Honourable David Crombie and the Waterfront Regeneration Trust that Council will not take a position on relocating the stone crushing plant on the lands presently owned by Ontario Hydro Darlington Nuclear Generating Station until such time as a final decision has been made pertaining to the siting of the ITER Project; 5. THAT Council authorize the payment of invoices from Totten Sims Hubicki for their work to date and that payment of such invoices be obtained from the Pits & Quarries Reserve Account #2900-00018-X; and 6. THAT Council direct staff to negotiate with St. Marys Cement regarding a financial package to cover the cost of the Cove Road project in order to deed Waverly Road to St. Marys Cement in exchange for the lands presently owned by St. Marys as identified in the Waterfront Regeneration Trust Report of November 1995. 1. BACRGROIIND 1.1 At its meeting of March 24, 1997, Council received a deputation from the Honourable David Crombie, Commissioner of the Waterfront Regeneration Trust, who presented a status report following Council's request of the Trust for assistance in resolving a number of issues related to St. Marys Cement's plans for mining the Westside Marsh. 1.2 Council will recall that at its meeting held on July 8, 1996, it passed the following resolution: z "THAT the issue of an industrial location for the transfer of the CBM stone crushing and ready mix operation be referred to the Waterfront Regeneration Trust for review and report back to the Municipality and that the Municipality reiterate to the Waterfront Regeneration Trust that it is not in a financial position to pay for or donate industrial land; THAT Council agree that, should the ownership of Waverly Road be passed over to St. Marys Cement, as recommended in the Waterfront Regeneration Trust's Report and Recommendations on the Westside Marsh, the alternative road access to Cedar Crest Beach be "The Cove Road Route", as described in the Addendum to Report ADMIN-8-96; THAT the Chief Administrative Officer, with appropriate staff, be directed to commence negotiations with any property owners that hold land designated in the "Cove Road Route" in order to obtain ownership on behalf of the Municipality so that construction may commence sometime in the future; THAT the Chief Administrative Officer commence negotiations with St. Marys Cement and any Government body that may participate in the construction costs of the Cove Road Route, in order to identify any cost to the Municipality; THAT a report be brought forward to Council identifying the results of all negotiations, and the recommended source of funding that would not result in an adverse effect on the municipal tax levy, should the municipality be called upon to participate financially in the construction of the Cove Road Route access to Cedar Crest Beach; THAT upon completion of the foregoing, assuming that any financial contribution on behalf of the municipality does not have an adverse effect on the municipal tax levy, Clarington agrees to participate in the Implementation Committee as recommended in the Waterfront Regeneration Trust Report of November, 1995." 2. PIIRPOSE 2.1. The purpose of this report is to update Council on the follow-up activities that have taken place since Council's above-mentioned instructions, as well as to provide comments and recommendations on both the past and future efforts of the Waterfront Regeneration Trust in this matter. 3. REVIEW AND CObIDfENT 3.1 Following Council's instructions of July S 1996, Staff proceeded to meet with representatives of St. Marys Cement to commence negotiations for the closing of Waverly Road, in order to exchange same with St. Marys for a large portion of the Westside Marsh lands, as identified in the Regeneration Trust's Report of November, 1995. 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 1221 3 build a bridge over the creek to connect the two roads at that point. The implementation of Council's decision involved: • negotiate to acquire the necessary lands to build the Cove Road Route. • undertake a scoped environmental study and engineering study to determine the final design and location of the bridge crossing. • identify the construction cost and funding sources. The following developments have taken place relating to the Cove Road connection: a) Environmental Impact Studv (H.I.S.) The Environmental Impact Study (E.I.S.) was completed by Bird and Hale in November, 1996. In summary, the report does not identify any overwhelming environmental impacts as a result of the bridge locationand preliminary design. Instead, the report identifies the potential impacts and recommends a number of mitigative measures to reduce or eliminate the potential impacts. Copies of the E.I.S. Report are available in both the Planning and Public Works Departments. Copies of the E.I.S. Report were made available to all residents who expressed the need for copies at the Phase 1 Public Information Meeting. b) Cove Road/Cedar Creat Beach Connection Once the E.I.S. Report was finalized and did not indicate any overwhelming barriers to the project, Totten Sims Hubicki proceeded to refine the preliminary road design drawings and update the preliminary cost estimates. This work was completed before the end of November, 1996. For investigation purposes, Spur Roads A and B were added to the project. Electrical and telephone servicing proposals for the local residents have not been resolved by the respective utility companies to this date. The preliminary cost estimate for the proposed bridge and associated road construction remains essentially unchanged at $1,445,000. Attachment No. 1 includes a key map, typical road cross-section, preliminary bridge sketch and preliminary cost estimate. c) Property Requirements and Evaluations Through December, 1996, and early January, 1997, property requirements were determined and land appraisals were completed. Dependent on the finalization of certain servicing costs and 1222 4 property negotiations, the project cost is still estimated to be in the range of $1.SM. 3.2 Proiect Information Meetinos A two phase public information process was deemed appropriate for this project. Phase 1 - Public Information Meeting Inform the public that the E.I.S. is complete and discuss its findings with consultants and staff present. Phase 2 - Public Information Meeting Deal with the location and design of the road on the east side of the crossing. Notice of the Phase 1 meeting held on February 18, 1997, at 7:00 p.m. was hand delivered to area property owners and to the Chairperson of the Port Darlington Association. The second public meeting, Phase 2, will be advertised in the local newspapers and will occur when final detailed engineering drawings have been completed. 4.0 PHASB 2 - PIIBLIC INFORMATION MEHTING 4.1 The Phase 1 Public Information Meeting was held on February 18, 1997, at 7:00 p.m. in the Council Chambers. The meeting was well attended by residents of Cove Road, Cedar Crest Beach and the West Beach Road areas. In the opinion of staff present at this public information meeting, all questions were answered to the general satisfaction of those residents present. Subsequent to the meeting, one written submission was received from a resident who was unable to attend the Phase 1 Public Information Meeting. Our consultant has drafted a response to this letter and staff is satisfied with the explanation given by the consultant in response to concerns raised by this individual resident. Numerous concerns were raised by residents with regard to the Environmental Impact Study, preliminary bridge/road designs, and the format of future public meetings and reports to Council. The nature of these questions/concerns are summarized as follows: a) 8nvironmental Impact Studv • Wetland design; • Mix of report information based on literature review and 1223 5 minimal field work; • Effect of recent tree clearing on natural habitat; • Effect of new roadway lighting on bird populations; and • Impact of bridge on herpetile breeding. b) Preliminary Bridce/Road Deaian • Potential for services in new road corridor (i.e. watermain, sanitary sewer and natural gas); • Preservation of boulevard trees on existing Cove Road; • Height of bridge above the water surface; • Location of bridge abutments; • Length of bridge; • Impact of the reconstructed Cove Road on existing houses at the bottom of the hill on existing Cove Road; • Signage with regard to the proposed one-way bridge; • Problems with respect to fishermen and swimmers at the new bridge; • Emergency vehicle access; • Approvals required from C.L.O.C.A.; and • Potential washout of new bridge structure; d) Future Public Information Neetina and Reports to Council • Invitations to the Phase 1 Public Information Meeting were delivered by hand by Public Works Roads Division staff; and • The Phase 2 Public Information Meeting will be scheduled once final bridge and road design drawings have been completed. Such drawings will only be prepared if staff has been successful in negotiating agreements, to the satisfaction of Council, with St. Marys Cement Company and other adjacent landowners. 5. AUTHORIZATION FOR FUNDING TO TOTTHN SIN3 HUBICRI Report ADMIN-24-96 (Attachment No. 3) authorized Bird and Hale Limited to complete an Environmental Impact Study (E.I.S.) of the Westside Marsh at a cost of $25,000 to $30,000, financed from the Pits and Quarries Reserve Account #2900-00018-X. At this time, no authorization was requested to cover costs of the preliminary design of the bridgeand road to be carried out by Totten Sims Hubicki. In addition, costs have also been incurred for geotechnical investigations and surveys in connection with the road connection through the Westside Marsh. Similar to the E.I.S. Report, it is appropriate that the preliminary designs, geotechnical investigations, and legal surveys, totalling approximately $13,000 at December 31 1996, be 1224 6 financed from the Pits and Quarries Reserve Account #2900-00018-X. Council is respectfully requested to approve the financing of these design expenditures through the Pits and Quarries Reserve Account. 6. FUNDING SOURCES 6.1 As stated, the financing cost of the Cove Road entrance and bridge is estimated to be in the area of 1.5 million dollars. This would pave the way for a land exchange between St. Marys Cement and the Municipality of Clarington covering Waverly Road and the marshlands as identified in the Waterfront Regeneration Trust Report of November 1995. The land exchange as recommended would not involve any additional monies changing hands between the two parties. 6.2. It is recommended that the estimated cost of the Cove Road project be divided equally between St. Marys and the Municipality of Clarington. Such an agreement would call upon Clarington providing approximately $750,000 of funding. 6.3. In order to finance such a commitme on the municipal tax levy, it is consideration to the following: Pits & Quarries Reserve Roads Capital Reserve Fund Total Funding Requirement nt without having a detrimental effect recommended that Council give $375,000. (Present Balance $500,000.) $375,000. (Present Balance $600,000.) $750,000. The above has been discussed by the Deputy Treasurer and the Manager of Engineering, who concur with the recommendations. 7. RHLOCATION OF CBN STONH CRIISHING PLANT Brief Historv 7.1 In the aforementioned resolution of Council, dated July B 1996, Council referred this matter to the Waterfront Regeneration Trust for review but reiterated that it is not in a financial position to pay for or donate industrial land for the location. In its search for a suitable site to accommodate the relocation, the Trust identified a 10 hectare site south of Highway 401 near the east limit of the Darlington Generating Station. Said land is owned by Ontario Hydro. As a result, the Trust contacted the Station Manager who referred the 1225 7 matter to the Darlington Site Planning Committee. (This Committee is primarily made up of citizen volunteers with a mandate to review and recommend to Ontario Hydro various land use and environmental management issues pertaining to the Station property). The Site Planning Committee reviewed the request from the Trust, and at its meeting held in December, 1996, rejected the Trust's proposal of relocating the CBM stone crushing plant onto the Generating property. This apparently prompted Commissioner David Crombie to appear before Council on March 24, 1997. 7.2 Comments The writer would like to offer the following observations for Council '.s consideration on the issue of the CBM plant relocation. a) In the course of locating or relocating any business, one would expect that a comprehensive site search report would be undertaken, including detailed evaluation of all potential sites. The writer has no knowledge of such a report. That being the case, the identification of the Ontario Hydro land as the choice location leaves many unanswered questions. Council should be cautious in endorsing the Ontario Hydro site without being satisfied that there are no other alternative sites. In addition, Council has been a strong supporter of the ITER project that may be located within the Darlington Generating Station property. It is therefore recommended that until such time as the siting decision of the ITER project is made, Council should not comment on the question of relocating the stone crushing plant to Hydro lands. b) A stone crushing plant on the Darlington property is not a permitted use under the Clarington Official Plan and Zoning By-law. To endorse the Darlington property for the CBM plant will pre-empt the due public process required for the Official Plan and Zoning Amendments. c) Regardless of whether or not the Hydro site is the ideal site, this should be a matter best addressed between St. Marys Cement and Ontario Hydro. This suggestion is consistent with the July 1996 resolution of Council that it is not in a financial position to pay for or donate any industrial land to assist in the relocation of the CBM plant. 1226 8 d) The main objective of the entire exercise is to save the Westside Creek Marsh from mining. The writer is convinced that this can be achieved without the need to relocate the CBM plant. Saving the marsh is an obvious priority for all parties and the Municipality should concentrate its effort in achieving this goal and not be caught up with the issue of CBM plant relocation which is obviously facing some hurdles. e) Residents have expressed concerns that failing a satisfactory relocation solution, St. Marys Cement will relocate the CBM plant to West Beach Road on property currently owned by the Company. The property at West Beach Road is currently zoned "Extractive Industrial Exception (M3-1)" which allows aggregate extraction including stone crushing, screening and washing. The current uses at the CBM plant would be permissable at the West Beach Road location with the exception of the xutton Transport component which is not a permitted use under the "M3-1" Zone. Should St. Marys Cement proceed with such a relocation plan including Hutton Transport, a rezoning application will be required. If such a rezoning application is submitted, it will be reviewed within the context of conformity to the Clarington Official Plan as well as other planning criteria such as land use compatibility, environmental impact etc. The designation of the St. Marys Cement property bounded by West Beach Road and Waverly Road is designated "Special Study Area #2" in the ClaringtonOfficial Plan. Section 17.3.2. states in part: ".... Upon completion of various technical studies and the acceptance of a preferred solution, the Municipality will amend the Official Plan accordingly. Notwithstanding Section 17.11, the interim use of lands will be governed by the existing Zoning By- law." It should be noted that "Special Study Area #2" has been deferred for consideration by the Region of Durham and therefore the Clarington Official Plan, as it applies to this area, has no legal status. To the best knowledge of the writer, St. Marys Cement has not stated categorically that it will move the CBM plant to the Westside Beach Road area, nor has it confirmed any time table for relocation. As far as the Municipality is concerned, the "Study" referred to in the Official Plan is done through the works of the Regeneration Trust. In this regard, the land at West Beach Road is identified by the Trust Report as part of the 1227 9 new parkland to be conveyed to the Municipality in exchange for Waverly Road. Upon a satisfactory agreement being reached with St. Marys Cement, the land at West Beach Road will be designated as "Waterfront Greenway" and will be zoned to conform to this designation. A separate planning report will be forwarded to Council at a later date to endorse the "Waterfront Greenway" designation. 8. FUTURE ROLH OF THH WATERFRONT REGENHRATION TRVST 8.1. During The Honourable David Crombie's submission to Council of March 24, 1997, Mr. Crombie offered the services of the Trust in assisting St. Marys in their ongoing negotiations with Ontario Hydro. In particular, these discussions would pertain to obtaining lands in the Hydro Corridor to redirect the creek to accommodate the recommended program, as well as continuing to assist St. Marys in negotiations with Hydro for the relocation of the stone crushing plant. 8.2. Mr. Crombie made it clear that he was looking for Council's support on both of these projects. Staff has met with representatives of Hydro regarding the lands needed to redirect the creek, and would encourage the involvement of the Trust in these negotiations. However, for the reasons stated above, it is recommended that Council does not take a position on the relocation of the stone crushing plant to Hydro lands until such time as a decision is reached on the siting of the ITER project. 8.3. It should be noted that the past efforts of Mr. Crombie and the Waterfront Regeneration Trust in regards to saving the Westside Marsh have been invaluable and Council should extend its appreciation to Mr.Crombie and his Staff for a job well done. 9. 9.1. Upon the approval of this report by Council, Staff will proceed to meet with St. Marys Cement in an attempt to reach agreement on the matters addressed. 9.2. Once a financial agreement is reached between the parties, staff will proceed to negotiate for the lands needed to complete the Cove Road project. 9.3. Completing a financial agreement and obtaining the necessary lands in question, staff will then proceed to construct the Cove Road project and bridge. 9.4. All of the above will be carried out in a timely manner with reports back to Council seeking final approval of each step along the way. 1226 Respectfully/~su'b~mitted, W. H. Stockwell, Chief Administrative Officer WHS:nof att. 10 1229 ATTACHMENT lil TO REPORT ADMIN. 11-97 ~ coNSTRUCnoN - SODDED SWAI.E O.G. ---~ - - - ~m SUB-DRAIN TYPICAL CROSS-SECTfON N.T.S. + 3.Om LANE WIDTH ON ROADS A & B MUNICIPALITY OF CLARINGTON ~~ NOVEMBER 1996 totten sins hutacki associates CEDAR CREST BEACH ROAD, COVE ROAD DRaECr Na.: 12-10490 ENGINEERS ARCHITECTS AND PLANNERS AND ROADS A & B DWG.Na.: 5130nam Streel, P.Q Bae 9lq Caban9, thluic R9A IW4 TYPICAL CROSS-SECTION D-1 m ^ =o • O Z ~ m ~ ~ ~ _ _ O' ~ y +-~- 1 ~ -1- N CN ~ ~ ~- 1 • ~ E y ( p f l zµ ~ mo ~o ~ I 3 ~ 9° o~ - Id C i ~ f. i°n a C7 ~ _ n r o`c a _ Z ~m o ~ a~ 4~ 9 (A ° x i 2 ~ I^ m ~ Ho ' I ~ ~ 2 Gf y ~+ c~ s >o a y rn _ ~m - ~~ m o nD =E ~ o~ <n ~~ m r--~ 0 8 N6#~1~ 0 6~~ns An W n N ~ m 3 ~ mD N a A ~~~n a : m m 2 n N CD o m -~ xl C N m O K y, m m ~ m n n~s~ y _a° D A m~i°n 2 z o O D y m H r A ~ mo m ~~ m e N ~ we ff b" ~ R '0 0 j m °r ~- H ~n W ~o O O c3 y c3 Z O o O ~a I I ' ' ~ ~ A ~ \~ ~ 0 ~/ I 1 n° Im= n I° o C WESTS/OE °0 2_ MARSH OUTL ET ~ ~ D mr O ~ ~ 3 ~ n~ D ~ '" Z p ~ ml o Z FC OW ° i ~ i r ~ m D i A Z i A ~ 8 -'~ o p ~~ I y'. 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MARYS CEMENT Recommendations: File # _~,_T_ ..Res."# ey-Law # It is respectfully. recommended that the General Purpose and Administration Committee recommend to Council the following- 1. That Addendum to Report ADMIN. 8-96 be received for information; and 2. That Report ADMIN. 8-96 be lifted from the table and recommended to Council for approval. 1. BACKGROUND 1.1. On April 22, 1996, Council approved Resolution #GPA-265- 96, which reads as follows: Moved by Councillor Hannah, seconded by Councillor Novak: THAT Report ADMIN-8-96 be tabled to allow for the Chief Administrative Officer to liaise with St. Marys Cement, The Waterfront Regeneration Trust and the Port Darlington Community Association Inc. Ratepayers. 1.2. As directed by Council, staff held a public meeting to hear the concerns of St_ Marys Cement, The Waterfront Regeneration Trust, The Port Darlington Community Association Inc. Ratepayers, and all other interested parties regarding the recommendations as reported in Report Admin-8-96. This meeting was advertised in the Canadian Statesman and was attended by approximately sixty interested parties. 2. MEETING STRUCTURE 2.1. The public meeting was chaired by the Chief Administrative Officer of Clarington and attended by the Director of Planning and Development, the Public Works Director, and the Municipal Solicitor in order to answer any questions that the residents 1233 may present, as well as explaining .the process followed in drafting Report ADMIN.B-96. - 2.2; The meeting commenced with the.DiYector.'of'Public. Works makiiYg 'a presentatoh;explairzing. the` process thaE' was '.fol3owe.d in. ''. .. reaching the staff re'commendation''proposng the 'Cove'`R,oad -Route as the preferred access to Cedar Crest Beach Road, should Council agree to exchange Waverly Road with St. Marys Cement for wetlands in the Westside Marsh area. Mr. Vokes stated the following: The "Berm Route" was eliminated because: * the berm would be 45 metres wide to ensure sufficient setbacks from the extraction area and the marsh, resulting in a 12 acre reduction of marsh area; * 1,050 metres of new road would be built at a considerable cost, a minimum of $600,000 over the two other alternatives; * the effects of salt or other de-icing materials on the marsh is a concern; * safety is a concern; * a creek crossing would still be required. The "Ramble" and "Cove" routes were. ermined as shown in the Trust's report but were also modified. These modified routes were eliminated because: * the bridge and the approaches were twice as long, acting as a causeway and would have greater environmental effects; * the cost would be $200,000 more than the "Cove route"; * cost of constructing a new road would be great; * the "Ramble route" is an indirect route. The "Cove route" was chosen because: * it is a direct route; = environmental impacts are minimized; = Cove Road already exists, therefore no new roads will be built, and there will be less disturbance of the natural environment; = it was not chosen because it is the cheapest route. 1234 3. QUESTIONS FROM THOSE IN ATTENDANCE 3..1,.. Fol],owing the presentat.i;on a number of ..questions weYe.ask'ed f'Y'Om 'the.'.floor prior to taking comments. on the `..report:from-. those in atteiidanCe. _ The following questions and responses took place: 3.2 Q Why Staff's report did not discuss the proposal as a package. If one piece is omitted, such as the relocation of the stone-crusher, the intent of the proposal will no longer be met. A Staff noted the municipality agreed to participate in the process but did suggest that it may be difficult for the municipality to participate financially. Staff does not agree that,if one piece of the proposal is omitted, it will not work. The report provides Council .with some options rather than an "either/or" situation. As it stands now, the package is very "pricey" for the municipality. 3.3 Q Had Staff examined the environmental impacts of the modified routes. A Staff did not carry out specific environmental impact studies on any of the routes other than reviewing the environmental activity carried out by the Waterfront Regeneration Trust. Once Council decides on the access route to Cedar Crest Beach, staff will build on the environmental impact information provided by the Waterfront Regeneration Trust. 3.4 Q What the width of Cove Road would be and the expected impact on Cove Road community. A Staff reported that the road width would be similar to what exists at the present time. Negligible or no ditches are proposed rather than curbs, gutters and catch basins. There will be little disruption of the trees along the road. There will be little change in elevations of Cove Road, except at the approaches. 3.5 Q What will happen at the intersection of Cove Road and West Beach Road; Would stop/yield signs be required; Will the hedge at 103 Cove Road be removed; What will happen with the post boxes; What would happen if the municipality did not give 1235 Waverly Road to St. Marys.. A Staff noted the municipality would improve the ., intersect ion, ..including risibility.-: The:po.at'.boxes may '. be relocated. :..:Once Council..-:has indicated they will proceed with `the proposal~(or.:part-of the propQSal)'thee municipality will spend money on,detailed designs- 3.6 Q Had staff examined the continuation of Liberty Street. A Staff indicated that the Official Plan requires a grade separation over CP Rail at Liberty Street, but it may not be built for a number of years. It may proceed when development starts in the Port Darlington community. 3.7 Q Why would the municipality allow the stone crusher to relocate to West Beach Road. A The Director of Planning advised the meeting that he did not have the Official Plan document at hand and therefore could not comment on the zoning of the West Beach Road site, but would address the issue in the report to Council. Since that time the Director of Planning has advised that the area north of the Cove Road community, west of West Beach Road is owned by St. Marys Cement and is zoned "Extractive Industrial Exception (M3-1)" which allows a cement manufacturing plan in addition to all the uses allowable under the general "M3" zone. "Extractive Industrial (M3)" zone allows, among other uses, aggregate stockpiling and processing. Therefore, stone crushing operation is permissable. However, a transportation depot is not permissable. We understand the current operation at Waverly Road consists of stone crushing, aggregate stockpiling, Redi- mix manufacturing and storage of transport trucks, and the property is zoned "Extractive Industrial Exception (M3-2)". Therefore, if the identical operation were to relocated to the M3 zoned land, truck storage uses would not be permissable and would require rezoning. 1236 i~ 4. COMMENTS FROM THOSE IN ATTENDANCE Generally, the. comment s. made. by those parties in attendance. can be grouped into seven categories, as follows:. - 4.1 The lack of the environmental assessmenE by the Trust or the municipality prior to recommending the Cove -Road route to Council. 4.2 Concerns that the municipality will not participate in finding an alternative location for the CBM stone crusher. 4.3 The increase in traffic flows on Cove Road, West Beach Road and in the Port Darlington area. 4.4 Level crossing at Port Darlington Road. 4.5 Concern over longer response time from emergency vehicles to reach the far end of Cedar Crest Beach Road. 4.6 The appearance of the reconstructed Cove Road. 4.7 The Waterfront Regeneration Trust report should be adopted as a package. Any piecemeal adoption of the report would destroy the integrity of the document. 5. STAFF COMMENTS 5. In response to the comments put forth by those in attendance, we are presenting the following: 5.1 Should Report ADMIN. 8 - 96 be approved by Council, staff would then recommend the environmental assessment comments made by the Waterfront Regeneration Trust in their report of the West Side Marshland and build on those comments so that any final recommendations to Council would cover the environmental issues. 5.2 The Waterfront Regeneration Trust report stated that the CBM stone crushing and Redi-Mix operation on Waverly Road would be transferred to an industrial area provided by Clarington within two years of an agreement. Staff is recommending in Report ADMIN. 8-96 that the municipality does not participate in the issue of relocating the stone crushing operation and providing an industrial location for that use. This recommendation was made for two reasons. Firstly, the cost to provide such a site would be onerous on the municipality, and secondly, unless such a site, together with Waverly Road, be of equal value to the wetlands that would be transferred to municipal ownership, the municipality would be in a position of making a grant to a 1237 private corporation, which we believe would be contrary to the Municipal Act.- However, if consideration is to be given to such a move,:- we would recommend .that a :legal opinion be. obtained from the "municipal: solicitor in. this regard':'. - - 5.3 Most certainly.f the Cove Road access route replaces. Waverly. Road, there will be increased traffic flows on Cove Road,. West Beach Road and the general Port Darlington area. 5.4 In addressing the question of providing a level crossing at the railroad tracks at Port Darlington Road, this again would be a major cost to be financed by one or all of the participating parties and is not addressed in the Waterfront Regeneration Trust report. 5.5 The response times from emergency vehicles have been addressed by the Clarington Fire Department and seem to be at an acceptable level. 5.6 Although there is a concern about the appearance of the final reconstruction of Cove Road, the plans concerning the reconstruction are in keeping with the present rural setting. 5.7 Although some of the residents in attendance made the point that the Waterfront Regeneration Trust report should not be adopted in a piecemeal fashion, and if not adopted as a package, should not b e adopted at all, staff is of the opinion that this is not necessarily a reasonable approach to take, given the fact that the overall object of the exercise is to save as much of the marshlands as possible. If it is the overwhelming opinion of the residents in the area that the location of the stone crushing plant could be a "deal-breaker" in implementing an agreement, we would then see the situation return to where it was prior to the Waterfront Regeneration Trust being invited to participate in this project. At that point it would be up to St. Marys to decide whether it wished to proceed with the permits to mine the marshland and it would be up to the municipal Council to decide whether it would oppose such a move by St. Marys. In the opinion of staff, too much has been accomplished by the Watefront Regeneation Trust co fall back to a position of confrontation between the municipality and St. Marys Cement. 1238 6. 6.1 Staff is of the opinion that Report ADMIN. 8-96 should be approved at .this. point in time to a],low.staff to. proceed td. ..carry out property evaluations, environmental .evaluations, . "etc. and be in'a position:.to report back .`to Coaneil 'in September of 1996 with a final recommendation as to both the cost of the construction of an alternative access to Cedar Crest Beach Road, and how any financial participation on behalf of the municipality can be carried out without a detrimental effect on the municipal assessment. Respectfully submitted, ~9~~^~ W. H. Stockwell, Chief Administrative Officer WHS:nof 1239 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT - Meeting: - GENERAL PURPOSE AND ADMINISTRI~TION :COMMITTEE Date: APRIL 22 1996 Report #: ~~ F~#: Subject: ST. MARYS CEMENT Fle# J/~~:5~ .. .. .. Res. # ~' -fib>'~ b By-Law # Recommendations: It is respectfully, recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report ADMIN. 8-96 be received for information; 2. That Council advise all interested parties that the Municipality will not provide an industrial location for the transfer of the CBM stonecrushing and ready-mix operation; 3. That Council agree that, should the ownership of Waverly Road be passed over to St_ Marys Cement, as recommended in the Waterfront Regeneration Trust's Report and Recommendations on the Westside Marsh, the alternative road access to Cedar Crest Beach be "The Cove Road Route", as described in the aforementioned report; ~. That the Chief Administrative Officer, with appropriate staff, be directed to commence negotiations with any property owners that hold land designated in the "Cove Road Route" in order to obtain ownership on behalf of the Municipality so that construction may commence sometime in the future; 5. That the Chief Administrative Officer commence negotiations with St. Marys Cement and any Government body that may participate in the construction costs of the Cove Road Route, in order to identify any cost to the Municipality; 5. That a report be brought forward to Council identifying the results of all negotiations, and the recommended source of funding that would not result in an adverse effect- on the municipal tax levy, should the municipality be called upon to participate financially in the ....:~®..~~,. 1240 !~~ construction of the .Cove Road Route access to Cedar Crest Beach; 7. Upon completion of the foregoing, assuming. that any financial contribution oil behalf of the municipality does not have an,advers.e effect on the municipal 'tax levy,. Clarington agrees to participate in the Implementation Committee as recommended in the Waterfront Regeneration Trust Report of November 1995; and 8. That this report, together with Council's actions, be forwarded to the Waterfront Regeneration Trust, St. Marys Cement Company, the Port Darlington Community Association Inc., as well as those interested parties to this issue. 1. BACICGROUND 1.1 In November of 1995, the Waterfront Regeneration Trust delivered their Report and Recommendations on the Westside Marsh. This report came forward as the result of a request from the Municipality of Clalington and St. Marys Cement Company to the Waterfront Regeneration Trust to assist in finding a solution to several outstanding issues surrounding the operation of St. Marys in the area of the Westside Marsh, as well as the proposed mining of the marsh itself. 1.2 In preparing the Report and Recommendations, the Waterfront Trust presented an Interim Report in June, 1995, recommending the formation of work groups of stakeholders to assist in the preparation of a "Plan" that would address the numerous issues surrounding the St_ Marys operation in the Westside Marsh area. After numerous meetings, the Trust presented their report that recommended that St. Marys continue to quarry a portion of the Westside Marsh, while "a major portion of the existing Westside Marsh will be retained including the habitat most important for fish, birds, plants and animals. The Marsh will be nearly two thirds of its present size, and new habitat will be provided in order to achieve no net loss overall- As much as possible of this habitat will be created on site, and any shortfall will be made up by augmenting habitat in nearby marshes." 2. ST. MARYS' INVOLVEMENT 2.1 As described in a letter from St_ Marys to Council, dated January 9, 1996, the "Plan" called upon St. Marys to do the -ollowing: To "freeze" 36 licensed acres of limestone so as to preserve the existinc marsh thereon. As partial replacement of limestone, St. Marys would receive the Waverly Road right of i•;ay . 1241 b) To transfer ownership of the. 37 acres adjacent to Cedar Crest Beach known as the south buffer. The end result is expansion of the naturalized area from the original 37 acres to 73 acres- c) To transfer St. .Marys lands on West Seach.Road how-zoned "Extractive Industrial" for parkland, with the result that there would be adjacent to and including the Marsh over 100 acres of parkland and natural area. The consequences of the foregoing are as follows: i) It removes the potential for CBM ready-mix, the stonecrushing operation and Hutton Transport being relocated to the West Beach Road property. ii) It eliminates any future potential for St. Marys to pursue an expansion to its quarry on this abutting 36 acres now-zoned "Extractive Industrial". d) To relocate the CBM stonecrushing and ready-mix operations from Waverly Road to a suitable new location supplied by the Municipality of Clarington within two years of the agreement. There are costs associated with the move, and, while these operations ultimately would have to have been moved, the two- year requirement consumes capital at an earlier date. e) To dedicate to the Municipality of Clarington three parcels of land totalling 13.5 acres over and above the 37 acre parcel directly north of Cedar Crest Beach Road_ f) To bear the cost of the diversion of Westside Creek around the licensed area. There is a significant additional cost, estimated to be in excess of $2.5 million, to St. Marys to implement this recommendation given the longer route and larger volumes of overburden required to be excavated. 3. MUNICIPAL INVOLVEMENT 3.1 The Regeneration Trust's Plan calls upon the Municipality of Clarington to do the following: a) Clarington will close and transfer to St. Marys about 4 acres of Waverly Road thereby allowing the Company access to limestone under Waverly Road and 12 acres of its own land; St. ?'arys, at its own expense, will relocate the Waverly Road portion of the Westside Creek east and then south into the :;estside Marsh. ~) Clarington will provide access to Cedar Crest Beach by a w.ridge and road connection to West Side Beach Road. c) Within two years of the agreement, Clarington will provide an industrial lccation for the transfer of the CBM stonecrushing and ready-mix operations. 1242 Y~ 4. IMPLEMENTATION PROGRAM 4.1 The Waterfront Regeneration Trust recommended three steps to implement the Plan: a) establishment of an Implementation Committee; b) formal applications by St. Marys to the Department of Fisheries and Oceans with a full proposal, based on this integrated plan; and c) following approval in principle of St. Marys' application by DFO, the Implementation Committee should commence coordination of the integrated steps in this plan, including the necessary permits and approvals. S. MUNICIPAL ACTIONS 5.1 Upon receipt of the Regeneration Trust's Plan, Council directed Staff to identify potential costs against the Municipality should the Plan be carried out as proposed. It should be noted that when the Regeneration Trust introduced its interim report in the summer of 1995, requesting participation from the stakeholders to assist in the drafting of the final report, Staff advised the Trust that they were participating in the committee process on the clear understanding that no financial commitment could be made on behalf of the Municipality, given the budgetary restraints that the Municipality was Facing at that time. Since then, Provincial cutbacks of Transfer Payments have resulted in even greater pressure on the municipal budget. 5.2 Over the past few months Staff has obtained an Impression of Value of the Waverly Road property as well as attending a number of meetings with both St. Marys and the owners of the properties that would be affected by the construction of the proposed alternative routes to Cedar Crest Beach, in an a~tempt to identify costs that would be directed towards the municipality in the Regeneration Trust's Plan. 5.3 Staff has also requested Ontario Hydro to give consideration to making available a portion of their Darlington NGS site for the relocation of the CBM stonecrushing operation, as recommended in the Plan. We have now been advised by Hydro that such a proposal was not in keeping with their future plans- We would recommend that Clarington not participate in providing an alternate site for this operation. 3243 t 6. IMPLEMENTATION COMMITTEE 6.1 Prior to Clarington's commitment to the Implementation Committee, it is imperative to clearly identify the potential cost exposure to the Municipality, and ensure that the municipal tax levy is mot adversely affected by any financial involvement on Clarinc~on's behalf. 6.2 Upon reviewing the three proposed alternative routes to service West Beach Road, should she ownership of Waverly Road be transferred to St. Marys, staff would recommend the Cove Road Route. The attached map identifying the three proposed routes indicate the privately owned lands that must be crossed for construction purposes. A preliminary cost of acquiring such land on the Cove Route, plus the cost of building the road and bridge, would be between 1.5 and 2.2 million dollars. 6.3 It is recommended that staff proceed to negotiate the purchase of private lands to accommodate the construction of the Cove Road Route, as well as continue to identify any potentia7_ financial assistance from other levels of government, and St. Marys Cement Company. 6.4 Once staff reports the outcom=_ of these negotiations to Council, identifying any financial involvement on behalf of Clarington, as well as a source of funding that would not adversely affect the municipal tax levy, Council may then commit to participa~e in the proposed Implementation Committee. Respectfully submitted, i^i. H. Stockwell, Chief Administrative Officer WHS:nof att_ 1244 ~ ~~ ~p'rv`-~ ~y.WAr fN'" U~~ w~wrm~i °t~ ~ ~ ~~8~ ~Hrono i ~ '~ Nea Pnzklaad 1~ 1 `• 1 i 1 l ~ (/1. 'eErzu~ w.,.,~ i / , O \O ~ 1 ~ \ ~~~. ~ t O C Ili T v a ~esr me ...a ................__. _ _ arms ~ _.__Tri.-._._._.-. G 1 ~~ o a 6 e a e e e ®® RoV(E m ~r ,.~ Ike 3 v n. 1 a a a . a a y F~ ~ ~ ~.0 + O ~ `+`~t~ ~~O®~g a6 ~Qo LAKE ONTARIO e o~ ~~®A ROAD & CROSSING ,fl~~°0 OPTIONS LEGEND uunuwman°um ROAD AND/OR CflOBSINO 12 4 5 Date: Nov_ 1995 ~c ~ '~ ATTACHMENT 103 TO REPORT ADMIN.11-97 THE CORPORATION OF THE TOWTt OF-IVew~,-ASr~~- - - - _- REPORT Meeting: couNCIL File # Date: July 29 1996 Re$. # Repoli #: ~M- 24-96 File #: By-Law # Subject: ST. MARYS CEMENT - ENVIRONMENTAL UPDATE Recommendations: It is respectfully recommended that Council approve the following; 1. THAT staff be authorized to engage consultants to conduct an environmental impact study; 2. THAT the funds required be drawn from the Pits and Quarries Reserve, account #2900-18-X; 3. THAT the cost for the study be included in the final costs to be identified for cost sharing with St. Marys Cement; 4. THAT the recommendations resulting from the impact study be reported back to Council for direction; and 5- THAT St. Marys Cement be notified of the study, and be requested to share in the cost of the study. BACKGROUND: 1• Report Admin. 8-96 identified the process for responding to the Waterfront Regeneration Trust recommendations regarding St. Marys Cement property. As identified in that report, staff was to build on the environmental assessment comments and bring final recommendations to Council on these issues. 2- Staff, in order to prepare a comprehensive report to address the issues, have drafted a terms of reference for an environmental impact study to help identify issues and propose potential resolutions to the problems for Council to consider. 3. The Pits and Quarries Reserve account is recommended as the source of financing for the study which is estimated to be approximately $25,000 - $30,000. The balance in the Reserve is approximately $600,000. It is anticipated that the costs will ultimately be cost shared with St. Marys.. 4. Staff propose to identify the firms capable of performing the study, and engage the appropriate firm. Due to the special nature of the work required, it is not considered appropriate to tender for these services. Respectful s m'tted, w. H. St c e1 ~~ Chief Administrative Officer ~;s~`~~`~o;:a4 12 4 h ~~ n ~~_ Wy - n ~ =9 _ n y _ ~ ~o C = F n _Q W n n D ~ r V! 5 y Z O 2 d y m r > f*I '" D o- o ~ Z e--~ N~~glp o s t LIAc w om N <O 3 n ~ N ~ y m V D ? m m ~ a F N m o m '~ '~ r Nm O < NRt ~ r o D m mn D ~ ~ _ ~ a a ~ -i n y O m y r D z °z o0 D ~m ti r ~ ~ m o m ~ ~+ m ~, ~~€ w J~ ; , i E , Y i i I° ~ _ - -_-~ I~ iYESTS/QE MARSH OUTL ET i r ~~ ^' Z FLOW °o I I I.a ~ a ms I m~ ° '/+ P O ~ Im p 9 a o ;, n x o o , °v I °s' ^ ~ ~ z a n :o 0 i