HomeMy WebLinkAboutADMIN-42-97`r_.F
' t' z \` REPORT ~6
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
on~:ndm~naz.s~ X10~C~16R~1Ql0~OC1f~(QI(xNNJfAlnR9(WA~XX
REPORT
Meeting: COUnCiI File # ~ `~ ~ - ~~
Date: Monday, September 29, 1997 Res. # ~~ 9
By-Law #
Report #: ~_§i~e #:
Subject: r
APPLICATION TO STOP UP AND CLOSE A PORTION OF THE ROAD
ALLOWANCE KNOW AS WAVERLY ROAD AND CONVEY THE SAME TO BLUE
CIRCLE CANADA INC.
Recommendatil!1#QPOSED DEDICATION OF PORTION OF THE BLUE CIRCLE HAUL ROAD
AND EXTENSIONS TO IT AS A TEMPORARY PUBLIC HIGHWAY
CONVEYANCE OF PORTIONS OF WESTSIDE MARSH, BOWMANVILLE
MARSH AND OTHER LANDS OWNED BY BLUE CIRCLE TO CLOCA
IMPLEMENTATION OF THE RECOMMENDATIONS OF THE WATERFRONT
REGENERATION TRUST REPORT ON WESTSIDE MARSH
It is respectfully recommended to Council the following:
1. THAT Report ADMIN-42-97 be received;
2. THAT the applications to stop up, close and convey a portion of the road
allowance known as Waverly Road to Blue Circle Canada Inc.. and the proposed
dedication of a portion of the Blue Circle haul road and its extensions as a
temporary public highway be referred back to staff for consideration of the
delegations and preparation of a report for the General Purpose and
Administration Committee on October 6, 1997;
3. THAT the interested parties listed in this report and the delegations be advised
of Council's decision.
1.0 BACKGROUND
1.1 Waterfront Regeneration Trust Process
1.1.1 In December 1993, the Waterfront Regeneration Trust, at the request of the
Municipality and Blue Circle Canada Inc. ("Blue Circle" formerly know as St. Marys
Cement Corporation), agreed to help resolve the numerous issues related to Blue
Circle operation on the Lake Ontario Waterront, including their plans to quarry the
Westside Marsh.
1.1.2 In December 1994, three public discussion sessions were held in Clarington to
increase public understanding of Blue Circle plans and explore any practical
alternatives that provided for both the long term viability of the Blue Circle
operations and the preservation of the greatest portion of the wetland possible.
1.1.3 On April 5, 1995 the Trust held a fourth public discussion session to outline its
proposal on a concept to resolve the primary issues and receive public
comments. This was documented in an Interim Report dated June 1995.
1.1.4 The Trust invited a number of interested parties, including local residents,
naturalists, the Ministry of Natural Resources (MNR), the Central Lake Ontario
Conservation Authority (CLOCA) and the federal Department of Fisheries and
Oceans (DFO), to participate in two work groups to consider habitat issues and
other community concerns related to Blue Circle's plans. These work groups met
regularly through the summer and fall of 1995 to explore issues and review
information, and to assist the Trust in the development of options for resolving the
various issues.
1.1.5 In November 1995, the Trust released a report entitled Westside Marsh -Report
and Recommendations in which they presented a concept for the preservation of
the Westside Marsh. The major recommendations provided in the Report are as
follows:
• protect much of the Marsh and create a new habitat for fish, birds, plants
and animals in order to achieve no net loss overall;
• transfer the CBM stone crushing and readi-mix operations to an industrial
location provided by the Municipality
• create 120 acres of parkland to protect the community
• close Waverly Road and transfer to Blue Circle and provide a new road
access is to be provided to Cedar Crest Beach Road by constructing a
bridge and road connections to West Beach Road.
1.2 Implementation of Trust Proposal
1.2.1 In July 1996, Council authorized Staff to initiate negotiations with representatives
of St. Marys Cement regarding the closure and conveyance of Waverly Road, and
2
the transfer of the retained Marsh and other lands to a public agency. As well,
in order to continue public access to Cedar Crest Beach Road once Waverly
Road is closed, Council agreed to take public ownership of Cove Road and to
build a bridge over the mouth of the Marsh to connect the two roads.
1.2.2 Staff initiated negotiations with the owners of property on both the east and west
sides of the mouth of the Marsh to acquire the necessary lands to build the
bridge and road approaches.
1.2.3 The Municipality retained the consulting firm Bird and Hale Limited to undertake
a scoped environmental study to determine the environmental impacts related to
the construction of the bridge and road approaches. This report, completed in
November 1996, indicates that there are no serious impacts on the natural
environment resulting from the location and construction of the bridge and road
approaches. The Report recommends a number of mitigative measures to reduce
or eliminate the potential impacts.
1.2.4 The consulting firm Totten Sims Hubicki was retained by the Municipality to
undertake an engineering study to determine the final design and location of the
bridge crossing and road approaches, including the necessary upgrades to Cove
Road.
1.2.5 Two public information centres were held. A Public Information Centre was held
on February 18, 1997 to present and discuss the findings of the Environmental
Impact Study with consultants and Staff. On September 4, 1997 a second Public
Information Centre was held to provide information relating to the location and
design of the bridge, the improvements to Cove Road and the diversion of
Westside Creek. Notice of both Information Centres was provided to all residents
of the waterfront communities adjacent to the Marsh.
3
2.0 CLOSURE OF WAVERLY ROAD
2.1 Report WD-51-97, as approved by Council on August 18, 1997, outlines specifics
with regard to the closure of a portion of Waverly Road. This previous report
authorized staff to advertise the Public Hearing required under the Municipal Act
to close approximately five (5) acres of Waverly Road which would be transferred
to Blue Circle and provide access to Cedar Crest Beach by a bridge and road
connection to West Beach Road.
2.2 On April 7, 1997, Council approved report ADMIN-11-97 and directed staff to
negotiate with Blue Circle respecting the financial package to cover the cost of
the Cove Road project in order to transfer Waverly Road in exchange for the Blue
Circle lands identified in the Trust's report of November 1995.
2.3 The residents of the Cedar Crest Beach Road and Watson Drive areas now have
access to their properties only via Waverly Road. The acquisition of Cove Road,
its dedication as a public highway, and the construction of the proposed bridge
to connect Cove Road to Cedar Crest Beach Road would follow the closure and
conveyance of the portions of Waverly Road in question. The Municipal Act
prohibits the closing of a public highway, which is the only access to properties,
unless access by another public highway is provided. In order to address these
considerations, staff has negotiated for, and Blue Circle has agreed to lease to the
Municipality, the portions of its present haul road and extensions of it shown on
the Map contained in Attachment No. 2.
2.4 The portion of the haul road and its extensions will be leased to the Municipality
at a nominal rental, for a term which will expire when Cove Road and the
proposed bridge are dedicated as a public highway under the Municipal Act.
During the term of the lease, the portion of the haul road and its extensions would
be dedicated by the Municipality as a public highway so that continuous access
via a public highway would continue to be provided to the residents of the Cedar
Crest Beach Road and Watson Drive areas.
4
2.5 For clarification, the residents of the Cedar Crest Beach Road and Watson Drive
areas would utilize the leased portion of the haul road and its extensions for that
period of time following the transfer of Waverly Road to Blue Circle (estimated to
be February 1998) until such time as Cove Road and the proposed bridge are
dedicated as public highway (estimated to be late Fall 1998). Any unexpected
problems with approvals under relevant Provincial and Federal Legislation or land
acquisition could serve to delay construction, thus increasing the length of time
requiring utilization of the leased haul road.
3.0 CONSTRUCTION OF WESTSIDE CREEK BRIDGE AND IMPROVEMENTS TO
COVE ROAD
3.1 Preliminary drawings have been prepared by the Municipality's consultants which
show the proposed Westside Creek bridge and the improvements that are
necessary to bring Cove Road up to Municipal standards. The project includes
constructing a bridge spanning Westside Creek including 120 metres of Cedar
Crest Beach Road and the full length of Cove Road from the bridge to West
Beach Road, a length of 325 metres.
3.2 The bridge shall be of concrete construction with a horizontal span of 32 metres,
one traffic lane wide with a sidewalk on the south side. The design characteristics
shall conform with current day criteria.
3.3 Cove Road shall be built with a pavement width of 6.5 metres with adjacent
sodded shoulders and swales. The local residents have requested that
construction designs be established as necessary to retain the present character
of the neighbourhood.
3.4 Construction of the Westside Creek bridge will require approvals under the
Ontario Environmental Assessment Act and the Navigable Waters Protection Act.
Staff are continuing to follow up on all other approvals that may be required under
5
relevant Provincial and Federal Legislation.
3.5 We have circulated documentation associated with the proposed project to all
affected Provincial and Federal agencies. The Environmental Assessment branch
of the Provincial Ministry of the Environment and Energy have determined the
project is subject to Schedule B of the Act. This requires the Municipality to
publicly advertise the Notice of Project and to allow a 30 calendar day period for
public review. This public notice was given as a result of Council's approval of
Report WD-51-97 on August 18, 1997. We have catalogued copies of all reports,
correspondence etc., in chronological order for public review and comment. The
requirements of the Act will be fulfilled at the termination of the 30 day period,
ending October 10, 1997. However, approval of the undertaking could be
delayed should an objector file a notice requesting abump-up to the Schedule
C category of the Act.
3.6 The Canadian Coast Guard (CCG) has declared the open waters of Westside
March as navigable and subject to the provisions of the Federal Navigable Waters
Protection Act. This effect of this declaration is to require the preparation of an
Environmental Study Report with subsequent circulation of the report by CCG to
other agencies. This process has now commenced and barring any difficulties,
we anticipate receiving the necessary approvals by October 31, 1997.
3.7 The decision by staff and Council early in the design process to construct afree-
span bridge has been very advantageous. In taking this course of action,
construction of the bridge abutments does not take place within the limits of the
mouth of the marsh, thereby eliminating or at least minimizing disruption to the
waters in question. The Ministry of Natural Resources, CLOCA and the
Department of Fisheries and Oceans have recognized that the choice of a free-
span structure eliminates or at least minimizes their concerns relating to
environmental impacts of the structure. The Canadian Coast Guard (CCG) are
of the opinion of the proposal for afree-span structure does not eliminate their
6
concerns respecting environmental impact. The CCG continues to examine the
bridge proposal for compliance with the Federal Environmental Assessment Act.
4.0 STATUS OF NEGOTIATIONS WITH BLUE CIRCLE
4.1 Staff and Blue Circle have been meeting to settle the terms of Principles of
Understanding that will achieve the intent of the Waterfront Regeneration Trust's
recommendations to the greatest extent possible.
4.2 The implementation of the recommendations will require that:
• Blue Circle enter into a legal arrangement with Ontario Hydro, the Federal
Department of Fisheries and Oceans, the Ministry of Natural Resources
and CLOCA respecting the fish habitat;
• Blue Circle enter into a legal arrangement with CLOCA respecting the
diversion works and lands; and
• the transfer of certain lands to CLOCA, the making of a management
agreement respecting them by the Municipality and CLOCA and the
implementation of the plan by CLOCA.
4.3 The implementation ofthe recommendation respecting Waverly Road requires that
a temporary replacement public highway be leased from Blue Circle, which will
terminate when the Cove Road and the Westside Creek Bridge are dedicated as
a public highway. The recommendation respecting Cove Road and its connection
to Cedarcrest Beach Road via the new Westside Creek Bridge involves the
acquisition of certain lands and interests in Cove Road from a number of private
owners.
4.4 Negotiations or actions have been undertaken respecting each of the above
matters. They will be discussed in detail in a further report to the General
Purpose and Administration Committee meeting on October 6, 1997.
7
4.5 The first step in implementing the Waterfront Trust's recommendations, referred
to above is for Council to hear and consider representations and comments made
at Council's meeting on September 29, 1997 respecting the proposed closing of
a portion of Waverly Road, the authorization of a conveyance of this land to Blue
Circle, and the approval of the dedication of the temporary public highway
referred to above. The Principles of Understanding should be considered by
Council before a final decision is made respecting the proposed closure,
conveyance and dedication.
4.6 For legal reasons, the Principles of Understanding will be made fully conditional
on the necessary senior government approvals being granted. In the event that
all approvals are not granted by December 31, 1999, the Principles of
Understanding will unwind and consequently will not bind either the Municipality
or Blue Circle after that date.
4.7 The main elements of the Principles that have been negotiated to date are the
following:
• The Municipality will transfer the portion of Waverly Road to be closed
which is shown on the map contained in Attachment #2 to Blue Circle if
Council decides to pass the necessary by-laws to authorize the closure,
conveyance and dedication referred to above and to dedicate the
proposed Temporary Public Highway, referred to below.
• Blue Circle will lease to the Municipality the haul road which is shown on
the map contained in Attachment #2. It is located to the west of Waverly
Road and has connections to Waverly Road. The haul road will then be
dedicated as a public highway ("Temporary Public Highway") until Cove
Road and the Westside Creek Bridge are dedicated as a public highway
and the lease is terminated.
• On the closing date, Blue Circle will transfer to CLOCA the Marsh Link
lands, the Bowmanville Marsh and the Bowmanville Valley lands shown on
Attachment #3. Blue Circle will also transfer in escrow to CLOCA the
Reconfigured Westside Marsh also shown on Attachment # 3. The transfer
to CLOCA will be effective on the closing of the Temporary Public Highway
and its release of the lease to Blue Circle.
8
• The lands transferred to CLOCA will be managed as interrelated
components of a wetlands complex with adjacent wetlands. (The Marsh
Link lands had been intended to be used by Blue Circle as a site for the
relocation of its rock crusher.)
• Blue Circle will enter into an agreement with Ontario Hydro to permit the
construction of Westside Creek diversion works on Ontario Hydro lands.
CLOCA will manage these works and will be transferred an easement
interest by Ontario Hydro.
• Blue Circle will construct a portion of the diversion works on lands which
it now owns and will retain.
• The balance of the Westside Marsh will be a future quarry site as shown
on the map contained in Attachment #1.
• Blue Circle and CLOCA will execute a monitoring and maintenance
agreement. They will also execute an agreement with the Federal
Department of Fisheries and Oceans and the Ministry of Natural
Resources. The agreements will address the construction and
maintenance of the Westside Creek diversion works and other flood control
works. The installation and maintenance of the bio-engineering works
necessary to establish a new fish habitat will also be addressed.
• CLOCA will manage the lands transferred to it by Blue Circle in accordance
with a management agreement which will be made by CLOCA and the
Municipality.
• The management agreement will provide for the preparation of a
management plan according to terms of reference which shall first be
approved by the Municipality. The cost of preparing the management plan
will be paid by the Municipality and Blue Circle as a contribution to the
start-up costs of CLOCA in the management of the Westside
Creek/Bowmanville Marsh wetlands complex.
• Blue Circle and the Municipality will contribute equal amounts of money to
provide start-up funds for CLOCA to assist it in implementing the objectives
of the management plan including such matters as tree planting, ponds,
snake hibernaculum, trail and look-outs.
• Blue Circle and the Municipality will contribute equal amounts of money to
fund the cost of implementing the above principles. This will include the
estimated cost of reconstructing Cove Road and constructing the Westside
Creek Bridge.
9
• Blue Circle will provide for an emergency access through their lands to
serve the residents of Cedar Crest Beach.
• Blue Circle will not object to modifications to the Regional Official Plan and
the Clarington Official Plan which reflect the arrangements.
• Blue Circle will not object to the rezoning of their lands which will be
conveyed to CLOCA to an Environmental Protection zone.
• Blue Circle will relocate the waterfront trail and provide appropriate safety
measures (guide rails, security fencing) at its expense.
5.0 CONCLUSION
This report is prepared for the purpose of the Public Meeting on the applications:
i) to stop up, close and convey a portion of Waverly Road to Blue Circle; and
ii) to dedicate a temporary public highway until such time as the
improvements to Cove Road and the construction of the Westside Creek
bridge is completed.
After hearing the delegations, it is respectfully recommended that the matter be
referred back to staff for a report to be considered at General Purpose and
Administration Committee on October 6, 1997.
Respectfully submitted,
Stephen A. Vokes, P. Eng.
Director of Public Works
Reviewed by,
~h i / '~ '~
W. H. Stockwell
Chief Administrative Officer
Franklin Wu, M.C.I. P., R.P.P.
Director of Planning
and Development
10
Attachments
1. Westside Marsh and Blue Circle Quarry
2. Road Map
3. Lands to be Conveyed to CLOCA
Interested Parties:
Blue Circle Canada Inc.
Port Darlington Community Association
Central Lake Ontario Conservation Authority
11
w Trw~.~ r..r.~r ...
LOT 14
13
5'
r
LOT 12 ~~
o~
MARSH
LINK
AREA
'l MARS~~~
•~
•~
I~ _ ~?-
1.1
~~~~ ®h~3~~y"llC~
97-041
WESTSIDE MARSH AND BLUE CIRCLE QUARRY
~ ~ ~ EXISTING
WATERFRONT TRAIL
~~~~~~~~ RELOCATED
WATERFRONT TPNL
PROPOSED 2:1 pUARRY
'~'~" SIDE SLOPE & BENCH
PROPOSED DNERSION
CHANNEL SIDE SLOPE
2 ar 3:1
.......... EXISTING LIMB OF
WESTSIDE MARSH
~ ~ ~ ~ ~ EXISTING LIMB
OF EXTRACTION
® RENSED IJMIT
OF EXTRACTION
® OVERFLOW
CHANNEL LANDS
ATTenuur.,T ..,
4
eTreruuru
LOT 14 ~T 13 LOT 12 ~~ 5 '
o ~ LO 11
o g ~ ~
~ ~ _ -~ ~~
~_ _-
® ~ ~ OYIOZ ~ ®BO ~ LLE CREEK
1 ® ~ f VA
-~r~ ~ ~~~ ` i ~ MAM
'~~ - ~ ~ WEST>~D~RSION
~ FUiURE Q ARRY AREA at 1 i" / ///j//j
? \ ,MARSH
~ LINK AREA
~~
~ , \ (30.61 Acres
BLUE '
I
DYKE
EA ~ \
\"
~ I \
LANDS ~.
~~~~ \ ',
_
ECONFIGUR L J
~
\'
~~~(67.711DAcres ~~\~ 1 ------
~~,~ ~~ ,'°'
tK`~~~
~, ,:~ Lake Ontario
r
~
\
,
~~
~
~ LANDS TO BE
~ CONVEYED TO CLOCA
~
OVERFLOW '
CHANNEL i FROM MUNICIPALITY OF CLARINGTON
~ LANDS CONVEYEp TO CLOCA
FROM BLUE CIRCLE
`- ~ i ~ i SI EP SLOPEZk BENCH ® C OCq ON CLOS NG
PROPOSED DN/ERSION
CHANNEL SIDE SLOPE
2
~ ® LANDS CONVEYED TO
CLOCA IN ESCROW
or 3:1
i
97-040