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HomeMy WebLinkAboutPD-155-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: WILMOT.GPA REPORT Meeting: General Purpose and Administration Committee File # P Monday, onday, November 18, 1996 ' 0 ` - v Res #�'d i Report #: PD- 155 -96 File #: PLN 15.11.2 By -law #. ENVIRONMENTAL PLAN WILMOT CREEK NATURE RESERVE PLN 15.11.2 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 155 -96 be received; 2. THAT Staff be authorized to issue the Request of Proposal for the Wilmot Creek Nature Reserve Environmental Management Plan and report back with a recommended consultant; 3. THAT an Advisory Committee for the Wilmot Creek Nature Reserve be established with the membership identified in this Report; 4. THAT Council appoint a member of Council to sit on the Advisory Committee; and 5. THAT the existing lease arrangements with the tenant farmers in the Wilmot Creek Nature Reserve be terminated as of May 31, 1997 and the Property Manager be authorized to negotiate the revised lease arrangements with the tenant farmers as indicated in the Report. 1. INTRODUCTION 1.1 In November 1995, Council authorized the purchase of 85 acres on either side of the Wilmot Creek valley from Ontario Hydro. In May 1996, the Municipality received title to the lands. The lands were purchased because they possess provincially significant environmental features rarely found along the Lake Ontario shoreline. See Attachment 1. Section 4.6.4. of the Clarington Official Plan suggests that the Municipality will explore the possibility of establishing a nature reserve in the Wilmot Creek area. 628 REPORT NO. PD- 155 -96 PAGE 2 In order to preserve the many significant features of this area and to permit public access and use of this site, we recommend the preparation of a Nature Reserve Environmental Management Plan. 1.2 The Kaitlin Group has submitted development applications for Phase 2 of the Port of Newcastle Neighbourhood. A portion of the development proposes over 600 residential units and a nine hole golf course. The site is adjacent to the Newcastle Marsh and Foster Creek. According to Section 4.3.8 of the Clarington Official Plan, an Environmental Impact Study is required. The EIS will require an examination of the wetland function of Newcastle Marsh. 1.3 The purpose of this report is to provide Council with a framework for the future of the Wilmot Creek Nature Reserve. This Report will: a) provide a brief overview of the proposed approach for managing the nature reserve; b) briefly describe the Request for Proposal for an Environmental Management Plan; c) describe a joint study approach for the Wilmot Creek Nature Reserve Environmental Management Plan and The Kaitlin Group's Environmental Impact Study for Phase 2A of the Port of Newcastle Neighbourhood; and d) discuss the current lease arrangements with tenant farmers. 2. BACKGROUND 2.1 One goal of the Clarington Official Plan is to maintain significant natural habitats within the Municipality for future generations. Council's purchase of the lands surrounding the Wilmot Creek valley reflects a commitment to this goal. Despite this acquisition, there is no plan for the future use and management of these lands. At the present time, a portion is being used by tenant farmers, Waterfront Trail users and fishermen. Also all- terrain motorized vehicles use the site; they not only threaten the safety of trail users, but damage the natural habitat. The 629 REPORT NO. PD- 155 -96 PAGE 3 preparation of a plan that seeks to allow passive recreational uses while protecting significant areas is paramount. The Plan should provide for public education regarding the significance of this area and the need to protect it. Prompting community interest can be beneficial in its future development and management. An excellent example is the Friends of the Second Marsh. The goal of the Second Marsh Management Plan is to preserve the natural habitat and other important values of the Marsh while providing passive recreational needs, nature interpretation and tourism. However, any use is considered only to the extent that it does not degrade the Second Marsh. By developing such a vision, the Friends of the Second Marsh have been able to enhance and protect the marsh. They have also created community -wide interest in the site, field professionals and non - technical people have volunteered their skills, expertise and time in various projects. Private and corporate sponsorships have also been secured. It is staff's opinion that management of the Oshawa Second Marsh serves as a good model for the Wilmot Creek Nature Reserve. In so doing, it will meet the objectives of preserving a significant natural area, raise public awareness and prompt the community to take an active role in its management. A Community Advisory Committee would have an important role in developing a management plan, raising public awareness, spearheading fundraising and otherwise implementing the Management Plan. 3. WILMOT CREEK NATURE RESERVE ENVIRONMENTAL MANAGEMENT PLAN 3.1 With all park properties, the Municipality prepares a Master Plan to govern the "development" of the park. However, the recommended approach for the Wilmot Creek Nature Reserve is the preparation of an Environmental Management Plan. This is the most appropriate mechanism to balance the objectives of preservation, protection and enhancement of the wetland and the surrounding ecosystem while at the same time allowing for an appropriate level of public access to the site. 630 REPORT NO. PD- 155 -96 PAGE 4 A Request for Proposal for an Environmental Management Plan has been prepared (See Attachment 2). The Plan will provide guidance to Council and the community by meeting the following objectives: a) to identify the environmental features and recreational potential of the Wilmot Creek Nature Reserve; b) to review the potential human impacts including those resulting from the developing residential communities to the east and west of the study area; c) to design the key components to promote the protection, conservation and regeneration of the area; d) to establish a schedule for implementation; and e) to stimulate community involvement in protecting and enhancing the Wilmot Creek Nature Reserve. 3.2 Study Components Phase I - Background Phase I involves the assembly of a background information for the Study Area. Phase II - The Concept Plan During Phase ll, a Concept Plan will be prepared which identifies specific zones for protection, reforestation, natural habitat restoration and public access. Specific theme areas will be developed to interpret the significant natural features of the Nature Reserve. Phase III - The Action Plan There are three components to the Action Plan. They are as follows: a) identifying specific details to be implemented in each zone. Key features for protection, restoration works, public access and amenities will be identified in appropriate zones. Construction details, cost estimates for each and construction mitigation measures shall also be included. b) identifying priorities for implementation; and b 3 1 REPORT NO. PD- 155 -96 PAGE 5 c) a monitoring program is proposed to measure the change in the open space system over time. 3.3 Public Participation Process A public participation process is proposed that will solicit the views of stakeholders and local residents. A workshop with major landowners and local interest groups will be conducted. The Consultant will be required to present a draft of the Environmental Management Plan to the general public. The final recommended Plan will also be presented to Council in a public forum. In addition, it is recommended that an Advisory Committee be established consisting of staff from technical agencies and various interest groups. The Advisory Committee would provide for the sharing of information, give direction to the consultant and expedite the input of key agencies and the community. It is proposed that the Advisory Committee consist of the following representatives: Durham Field Naturalists Anglers and Hunters Association Wilmot Creek Homeowners Association Bond Head Community Association Ganaraska Region Conservation Authority Region of Durham Works Dept. Ministry of Natural Resources Clarington Planning & Development Dept. Clarington Public Works Dept. Member of Council 3.4 Funding Staff have explored various funding options for the study without success. The Ministry of Natural Resources and Ontario Hydro are supportive of this initiative however they are unable to provide financial assistance to complete the study. The Ministry of Natural Resources and Ganaraska Conservation Authority are willing to provide existing documentation and technical support. Ministry Staff indicated that although staff resources are limited, "they believe that Wilmot Creek REPORT NO. PD- 155 -96 PAGE 6 is the most important fisheries habitat in Durham Region and they will definitely participate in this process ". Staff estimate that the cost of preparing the Environmental Management Plan would be approximately $45,000.00. It is proposed that the study be funded as follows: $ 25,000 1996 Planning Department Consulting Account $ 20,000 Waterfront Study Reserve Account. 4. ENVIRONMENTAL IMPACT STUDY - PORT OF NEWCASTLE PHASE 2 4.1 The Kaitlin Group is required to undertake an Environmental Impact Study (EIS) for Phase 2A of the Port of Newcastle Neighbourhood. (See Attachment 3) The applicant proposes alternative uses of a golf course or residential development within 120 metres of a provincially significant wetland. 4.2 The EIS Guidelines were approved by Council on October 15th and authorizes staff to develop a roster of three or four consulting firms to prepare Environmental Impact Studies. The results of the Expression of Interest will be presented to Council for selection in December. Only those consultants on the roster will be invited by the Municipality to submit proposals for individual Environmental Impact Studies. The EIS Guidelines require the developer to submit a unconditional letter of credit to the Municipality to cover the costs of the study. The Director of Planning and Development is authorized to select the consultant. The EIS Steering Committee will prepare the Terms of Reference for the study. 4.3 The Nature Reserve and Phase 2A of Port of Newcastle are located adjacent to one another. The sites are ecologically connected. In order to minimize resources, time and costs, The Kaitlin Group and Staff have agreed to combine efforts by using the same consulting .firm to prepare the Environmental 633 REPORT NO. PD- 155 -96 PAGE 7 Management Plan (EMP) and Environmental Impact Study (EIS). The consultant would be chosen from the EIS roster of environmental consultants. The study will proceed in two parts, Part I being the EMP, Part II being the EIS. The consultant will prepare separate bids for each part and each part will proceed independent of one another. The Kaitlin Group have indicated concurrence with this process (See Attachment # 4). 5. TENANT FARMERS 5.1 At the present time, the lands purchased by the Municipality are being cultivated by two tenant farmers. The Municipality had retained the leases from Ontario Hydro. The licences can be terminated within six months of notifying the tenants or new lease arrangements can be entered into with the Municipality. Various crops have been planted on the site but in 1996 most of the land was cropped with corn. There is no doubt that a number of herbicides and pesticides have been used. Sufficient time is required to allow the soil to rest before proceeding with enhancement projects or other features of the Management Plan. The lands south of the hydro corridor are closest to the marsh and would be the first phase for implementation of the Plan. Staff recommend that the tenants be notified to vacate the lands south of the hydro corridor within six months, being May 31, 1997. The lands north of the corridor can continue to be cultivated until the Municipality is prepared to proceed with subsequent phases of the Management Plan. The lands north of the hydro corridor will require new lease arrangements with the Municipality. Staff are seeking authorization for the Property Manager to negotiate the new lease arrangements. 6. CONCLUSIONS 6.1 The Municipality's acquisition of the Wilmot Creek area has ensured that a significant environmental resource is in public ownership. Equally important however, is the need to have a comprehensive management plan in place to ensure it is protected, enhanced and where appropriate open for public use. 634 REPORT NO. PD- 155 -96 PAGE 8 6.2 The cost for the study will be minimized by using technical expertise from other agencies and sharing resources with The Kaitlin Group. It will ensure that further development of the Port of Newcastle Neighbourhood will proceed using the best environmental practices and minimize effects on the Wilmot Creek Nature Reserve. As such, Staff recommend that the Environmental Management Plan for the Wilmot Creek Nature Reserve proceed once a consultant has been retained. 6.3 This report has been reviewed by the Director of Public Works and the Property Manager, who concur with the recommendations. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CRS *DC *FW *cc Reviewed by, W. H. Stockwell Chief Administrative Officer Attachment # 1 - Wilmot Creek Nature Reserve Attachment # 2 - Request for Proposal - Environmental Management Plan Attachment # 3 - Port of Newcastle Phase 2A Attachment # 4 - Letter from Kaitlin Group regarding Environmental Impact Study. November 8, 1996 CANADIAN NATIONAL RAILWAY 11/v ---------------- 'Simon, 0- L) ---------- - I N5w �i U-1 m I'll IR 1-Ms - ------ ...... -- --- ----- ----- ----- ----------------------------- -------------------------- HIGHWAY 401 ATTACHMENT # 1 mirl -- == STUDY AREA ---------------- - WATERFRONT TRAIL --------------- MUNICIPALITY OF 0 ------- ------ -- CLARINGTON LANDS ----------- OF MINISTRY NATU RAL RESOURCES LAN DS REGION OF DURHAM LANDS PORT OF NEWCASTLE DEVELOPMENT 0 50 100 150 200 m 50 m 96-004 HIGHWAY 401 ATTACHMENT # 1 mirl -- == Ld ---------------- - --------------- 0 ------- ------ -- F- ----------- 11,01i) ------------- -------------------------------- Z,,WZ- 01V7A/?10 0 GREED I NEWCASTLE MARSH WOLMOT CREEK NATURE RESERVE r. 636 * 0 . * 0 lei I o The Province of Ontario and the Municipality of Clarington have identified Wilmot Creek as being significant for the Lake Ontario waterfront. The creek south of Highway 401 and the surrounding riparian community contains rare and sensitive natural features and is recognized as an Area of Natural and Scientific Interest. The Newcastle Marsh, at the mouth of Wilmot Creek is a provincially significant wetland. The valley is owned by the Ministry of Natural Resources and designated as a Provincial fishing area. There are a number of man -made influences in the Wilmot Creek area, including a hydro transmission corridor, water main easement, and a water pollution control plant. A portion of the Lake Ontario Waterfront Trail bisects the valley from east to west. The Wilmot Creek Retirement Community lies to the west of the site, occupying approximately 600 homes. The lands to the east are owned by the Kaitlin Group, who recently received approval to build 364 homes. Kaitlin has also submitted development applications for 636 residential units and a nine hole golf course for the second phase of development. New improvements to the Port of Newcastle Marina are also anticipated. Recognizing that development pressures in the Wilmot Creek watershed will stress the biological carrying capacity of Wilmot Creek, the Clarington Official Plan suggests that the Wilmot Creek area be preserved as a Nature Reserve. In May 1996, the Municipality of Clarington purchased 85 acres on either side of the Wilmot Creek valley. A preliminary Concept Plan was prepared during the Municipality's negotiation for the acquisition of the lands. The Plan provides a visual impression of the lands as a Nature Reserve. See Attachment #1. In order to preserve the biological integrity of this area, an Environmental Management Plan shall be prepared. The Plan must strike a balance between protecting and enhancing the wetland, shoreline and surrounding ecosystems while allowing public access to the less sensitive portions of the lands. The information generated from this process will be used in the creation of a watershed plan for the Wilmot Creek in the future. The Plan shall be developed with public participation and shall encourage an interest in this area, financial support for improvements and prompt community pride. 0 J7 The study area includes all lands between Cobbledick Road and Toronto Street, south of the Canadian National Railway to Lake Ontario. A map of the study area forms Attachment #2. 3. OBJECTIVES The Environmental Management Plan will provide guidance to Council and the community by meeting the following objectives: a) to identify the environmental attributes and recreational potential of the Nature Reserve; b) to review the potential human impacts from developing residential communities to the east and west of the study area; c) to design the key components to promote the protection, conservation and regeneration of the area; d) to establish a schedule for implementation; and e) to stimulate community involvement in protecting and enhancing the Wilmot Creek Nature Reserve. 4. STUDY PHASES There are three phases to this study, Background Information, The Concept Plan and an Action Plan. The Background Information shall form an appendix to the Environmental Management Plan document. 4.1 Phase I - Background Information a) Based on a review of existing information,(eg. Wetland Evaluation, 1994 Ministry of Natural Resources, Ontario Hydro inventories etc.) air photo interpretation and limited field investigation, the consultant shall provide a description of site characteristics including but not limited to: • physical terrain, eg. soils, site drainage and erosion • wetland function and shoreline dynamics • woodlots, and other vegetation 2 638 • wildlife and natural corridors • fisheries habitat • cultural features b) assess existing site qualities including unique visual perspectives to be protected or enhanced; c) identify the sensitive and constraint biophysical areas to be protected; d) review the human impacts on the natural environment, wetland function and shoreline dynamics resulting from the following uses /users: i) the operation of the Wilmot Creek Water Pollution Control plant; ii) the existing soil quality in areas previously cultivated; iii) on -going agricultural operations surrounding the study area; iv) disruption of vegetation and significant habitats from fisherman and other recreational users; and v) existing and anticipated impacts from Port of Newcastle Neighbourhood (as determined through the Port of Newcastle Phase 2A Environmental Impact Study) and the Wilmot Creek Retirement Community. e) identify what vegetative or other elements are lacking that would otherwise allow for diversity in wildlife habitats. 4.2 Phase II - The Concept Plan Based on a review of the information gathered in the background stage, the Consultant shall prepare a Concept Plan for the Nature Reserve. Specific thematic areas shall be identified to interpret significant attributes within the Nature Reserve. A brief written description for each zone shall also be provided. a) identify zones to be protected, and describe by what means they should be protected; b) identify zones for reforestation, vegetative plantings and alternatives; c) identify zones of significant wildlife habitat; d) identify zones for natural habitat restoration; and 3 639 e) identify zones for public access and describe what degree public access would be appropriate, (eg. carrying capacity of trails, nodal areas, view platforms etc.). Indicate amenities associated within appropriate zone. 4.3 Phase III - The Action Plan The consultant shall prepare an Action Plan that identifies the specific details to be implemented in each zone. 4.3.1 Protection and Restoration a) determine a list of appropriate species to increase biodiversity and approximate the number of plants to be planted for each zone; b) identify invasive species and create a strategy for control or removal; c) determine areas where unfriendly plant species or other types barriers would be appropriate, ie. wood -rail fencing; d) determine what measures should be taken to protect and /or restore different habitats and provide specific implementation techniques and design criteria to be considered for protection and restoration; e) determine what measures are required to protect and enhance biodiversity of the marsh; and f) develop costs estimates for implementation of the planting, reforestation, and restoration projects. 4.3.2 Public Access and Interpretation a) establish environmentally sensitive design specifications, construction procedures and materials for the pedestrian walkways, specimen tree planting, parking areas, picnic /rest areas and other amenity areas; b) develop cost estimates for each of the above; c) develop interpretative signs for theme areas (eg. bird trails, frog ponds) to communicate the significance of each area; d) establish locations requiring directional, or restrictive signage along pedestrian walkways, amenity areas and near the wetland and shoreline; and 4 640 e) identify environmentally sensitive construction mitigation measures associated with key features of the open space areas. 4.3.3 Priorities for Implementation a) prepare signage package including graphics, text, construction details and a cost estimate; b) establish a planting schedule; c) establish a construction /installation schedule for the pedestrian corridor and other amenities; d) establish a maintenance and management operations program that will address the on -going maintenance for the built and natural features of the area, including issues such as vegetation management, litter removal, maintenance of the nodal areas, trails and signs; and e) any other matters identified in the study. 4.3.4 Monitoring The consultant shall set goals and objectives for an environmental monitoring program necessary to measure the performance of the open space system. In addition, the program shall; a) identify who will do the monitoring; b) identify what will be monitored; c) provide a schedule for monitoring; and d) identify the funds for monitoring programs required on a yearly basis. 5. PUBLIC PARTICIPATION The consultant, in consultation with the Planning Department will undertake a public participation program intended to solicit the views and identify the local residents vision for the area. 5 ON Public consultation shall be carried out as follows: one workshop with major landowners /interest groups including but not limited to: - Ganaraska Region Conservation Authority - Ministry of Natural Resources - Region of Durham Works Department - Kaitlin Group Ltd. - Rice Group - Ontario Hydro Transmission Corridor Section - Wilmot Creek Homeowners Association - Bond Head Community Association - Durham Field Naturalists - Anglers and Hunters Association - Committee of Clarke Constituents /Port Granby - Newcastle Environmental Committee • presentation of the draft Environmental Management Plan in a public forum. 6. CONSULTATION PROCESS An Advisory Committee shall be formed for the purposes of sharing information, providing direction and expediting the input of key agencies and the community. The Advisory Committee shall consist of: - One member of the Bond Head Community Association - One member of the Wilmot Creek Homeowners Association - Durham Field Naturalists - Anglers and Hunters Association - Ganaraska Region Conservation Authority - Region of Durham Works Department - Ministry of Natural Resources - Municipality of Clarington Planning and Development Dept. - Municipality of Clarington Public Works Dept. - One Member of Clarington Council The Committee maybe augmented from time to time by other agencies /individuals not participating as a member of the Advisory Committee. Key members of the Advisory Committee will participate on the Steering Committee for the Port of Newcastle Phase 2 Environmental Impact Study. n. 642 7. MEETINGS The consultant will attend the following meetings: a) meetings with the Municipality of Clarington Planning and Development Staff as required; b) a workshop with the major landowners /interest groups; c) a minimum of three and a maximum of five meetings with the Advisory Committee. A meeting at the end of each Phase shall be required; d) presentation of draft Management Plan in a public forum; e) present final Management Plan to Municipal Council. In addition, the Consultant shall arrange a tour of the area to include Council, the Advisory Committee and other interest groups. The consultant shall prepare the following documents through the study process; • Environmental Management Plan draft 25 final 50 High quality visual displays which illustrate the Concept and various reports will be prepared for the public participation process and presentation to Council. All original text, maps, plates, data, reports and other materials or information collected or prepared by the consultant shall be considered municipal property and will be turned over to the municipality at the conclusion of the study. All data files used and developed through the study process will be provided to the Municipality on computer disk. In addition, all reports will be provided on floppy computer disk in Wordperfect 5.1. All maps should be provided on floppy disk for Autocadd Version 13. 9. CONSULTANT RESPONSIBILITIES The consultant will be responsible for: 643 7 10. 11 a) undertaking all necessary research, including data collection and analysis, required for the completion of the study components; b) appropriate consultation with outside agencies, organizations, government departments and Ministries in accordance with section 6 of the RFP; c) attendance at meetings in accordance with section 7 of the RFP; d) the preparation, production and distribution of the draft and final documents in accordance with Section 8 of the RFP; and e) minutes of all meetings. MUNICIPAL STAFF RESPONSIBILITIES The Municipality will be responsible for a) providing timely direction to the consultant as required; b) undertaking appropriate measures to enable public input into process including arranging for meeting rooms and providing public notice as required; c) assisting the consultant in making contacts with appropriate agencies and persons; d) providing copies of all relevant material available to the Municipality. FORM AND CONTENT OF PROPOSAL The consultant shall prepare a proposal that shall not exceed 20 pages, including attachments. It shall contain the following; a) a proposed work program to respond to the scope work, including commencement of work, deadline for draft and final concepts and reports; b) a schedule of hourly rates and an estimate of the number of person days expected to work on the project and a sum total for this time; c) cost estimates with upset costs for the study, including costs of meetings, mileage, clerical, telephone, fax, computer, printing costs, and graphics. The consultant shall furnish an itemized estimate of the costs of each phase of the study process. Any per diem rates and meetings for additional work specifically covered in the RFP shall also be provided; 644 0 d) names and titles of principals and others assigned to work on the project. Brief resumes of key consulting Staff that describe their academic credentials, professional licenses, and experience on similar projects shall also be included; e) the name and title of project manager who will serve as a liaison to the Municipality of Clarington; and f) the names, addresses and telephone numbers of references, clients for whom the consultant has recently preformed services. The consultant is encouraged to make separate constructive comments and suggestions regarding the RFP and the approach to this study which in his /her opinion would improve performance in carrying out this assignment. Such comments shall not be made conditional to acceptance of this assignment. 12. CONTRACT FOR SERVICES The Municipality will prepare a written contract upon selection. 13. OVER -RUN COSTS All costs incurred by the consultant in preparation of the study and not specifically provided for in the consultant's proposal and authorization letter will not be the responsibility of the Municipality of Clarington. Date: October 29, 1996. 9 11/07/96 12:35 KATLIN GROUP 905 623 0830 NO.545 P02 ATTACHMENT # 4'- Z'fie Kaitlin Group Ltd, November 7, 1996 1029 McNicoll Avenue Scarborough, Onttlrio MW 3W6 Mr. David Crome Telephone (416) 495 -7050 Pax (416) 495 -8820 Manager, Community Planning branch The Municipality of Clarington Planning Department 40 Temperance Street Bowmanville, Ontario L 1 C 3.A6 Dear Sir, Re: Environmental Impact Study `Port of Newcastle' Phase 1111181-MU-3.1 Thank you for your letter of October 29, 1996 on the above -noted matter, As I had indicated in my discussions with you, it would seem prudent to attempt to combine both the Environmental Impact Study, which we understand is required for the Phase II `Port of Newcastle' development, along with the Municipality's own `Environmental Management Plan' now being undertaken. Although we believe that the background studies required for the `Port of Newcastle' should be rather straightforward, there should be some economies of scale enjoyed by both parties if one consultant is engaged for both components, We understand that the costs would be identified separately in the consultant proposals. As you had confirmed in our conversation, the Port of Newcastle EIS could be completed and adopted, notwithstanding that the `Environmental Management Plan' may require additional time and resources to Complete. Therefore, subject to the above understanding, we would agree that the Municipality should include both studies in the Request for Proposal now being prepared. We appreciate your consideration in making this proposal which should result in cost savings to both ourselves and the Municipality. Please do not hesitate to contact me should you wish to discuss this matter further. Yours very truly, vin Whalen, P. Eng,, Vice - President, Land Development 647