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Home My WebLink AboutPD-169-90 TOWN OF NEWCASTLE :� STMARY.GPA REPORT File Res. # By-Law # METING: General Purpose and Administration Committee DATE: Monday, May 7, 1990 REPORT #: PD-169-90 FILE #: SUg,ECT: ST. MARYS CEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-168-90 be received for information; 2 . THAT the Minister of the Environment be requested to give top priority to investigate all environmental issues raised by the Port Darlington Ratepayer Association as related to the St. Marys Cement operation in Bowmanville; 3 . THAT is addition to the site plan agreement, St. Marys Cement is required to enter into a separate agreement with the Town with respect to those issues raised in Paragraph 5 . 3 of this Report and the Mayor and Clerk be authorized to execute such agreement; and 4 . THAT a copy of this Report be forwarded to the Regional Commissioner of Planning, the Minister of the Environment, and the Port Darlington Community Association. 1. BACKGROUND: 1. 1 At its meeting held on January 29, 1990, Council passed the following resolution: "THAT Staff investigate the feasibility to hire a consultant to review the St. Marys Cement application. " Z . . .2 REPORT NO. : PD-169-90 PAGE 2 1.2 At its meeting held on February 26, 1990, Council passed another related resolution as follows: "THAT Council investigate all aspects of the environmental issues surrounding the 86 homes lying within the Cove and Cedarcrest Beach area. " 2 . ST. MARYS CEMENT APPLICATIONS: The following is a list of current planning applications submitted by St. Marys Cement and a brief status of each application is provided herein. 2 . 1 SITE PLAN APPLICATION: Site Plan application was made by St. Marys Cement on November 30, 1989 for approval of construction of storage silos and related structures on the existing "dock" area. Comments from all circulating agencies have been received. It is noted that the Ministry of Environment suggested to the Town that site plan approval should be withheld until the Minister decides on the issue of Environmental Assessment. The Ministry Staff, in its letter to the Town, also indicated that they have no legal jurisdiction on site plan matters . 2 .2 OFFICIAL PLAN AMENDMENT APPLICATION: This application was made by St. Marys Cement on June 9, 1989 . The application sought to amend the Durham Regional Official Plan to: ,a) place an appropriate Official Plan designation on the existing "dock" area so as to allow St. Marys Cement to continue existing uses on the existing "dock" area. b) place an appropriate Official Plan designation on the crown water lot area abutting the existing "dock" area. It is St. Marys Cement's intention to reclaim the water lot by filling in that part of Lake Ontario and hence expand the existing "dock" area. . . . 3 REPORT NO. : PD-169-90 PAGE 3 The Official Plan Amendment application is in circulation stage and Staff is unable to report on the said application until we receive comments from all government agencies . To date, comments are still outstanding from Ministry of Environment, CN Rail, Ministry of Natural Resources and Central Lake Ontario Conservation Authority. 2 . 3 REZONING APPLICATION: St. Marys Cement also filed application with the Town on June 9 , 1989 to amend the Town's Comprehensive Zoning By-law so that an appropriate zoning category be placed on both the existing "dock" area and on the Crown Water Lot. The status of this application is the same as the Official Plan amendment application. 3 . FEASIBILITY OF HIRING OUTSIDE CONSULTANT: 3 . 1 In examining Council's direction with respect to the feasibility of hiring an outside consultant to evaluate St. Marys Cement proposal, Staff would like to address this issue in the following manner: a) the need to hire a consultant b) the matter to be reviewed by the consultant c) the financial implication to the Town 3 .2 On the question of the need to hire an outside consultant, Staff would point out that the Official Plan amendment and Rezoning application have been circulated to many government agencies at both the Provincial and Federal levels . These agencies have experts in various areas that will provide professional comments to the Region and the Town to assist in our deliberation of the proposal. To hire a consultant would . . .4 REPORT NO. : PD-169-90 PAGE 4 appear to be a duplication of effort and money at this time. The Town receives and processes hundreds of development applications in any single year and Town Staff rely on agencies from senior governments to provide us their expert advice. 3 . 3 If a consultant was to be hired, the consultant should be retained for a specific purpose. At this time, in our preliminary examination of the Official Plan Amendment and rezoning application, Staff have not identified any issue related to the St. Marys Cement application that would require consultant to assist us nor have we been advised by any government agency that there may be an environmental problem arising out of the St. Marys Cement applications which involve construction of three ( 3) storage silos on the existing "dock" area and expanding the "dock" area by reclaiming the westerly water lot. If and when there is a potential environmental problem identified by the Town Staff or the Ministry of the Environment, Staff will be reviewing the situation and report back to Committee and Council on the issue of retaining a consultant. 3 .4 Last but not least, is the question of financial implication. Anytime the Town contracts for an outside consultant, there is cost implication which will have to be borne by all taxpayers . This matter must be considered by Council in its future budget deliberations if the consultant is to be retained. . . .5 REPORT NO. : PD-169-90 PAGE 5 4 . ENVIRONMENTAL ISSUES RAISE BY PORT DARLINGTON COMMUNITY ASSOCIATION 4 . 1 Mr. Gordon White, spokesman for the Port Darlington Community Association has appeared before Committee and Council expressing various environmental concerns with respect to the St. Marys Cement's operation. These include disposal of kiln dust, ground water contamination, shoreline erosion etc. . 4 .2 For the information of Council, there is no development application affecting lands owned by St. Marys Cement except for the area of the existing dock and water lot. Hence, any environmental problems perceived or otherwise resulting from the current St. Marys Cement operation on lands with respect to which there is no development application, the Town does not appear to have any jurisdiction to deal with such matters. It is Staff's opinion that environmental matters related to the operations of an industry such as St. Marys Cement are government by Provincial Legislation such as the Environmental Protection Act. They are the responsibility of the Province and not the Town to enforce. 4 . 3 Staff understand that the Ministry of Environment staff are investigating the operation of St. Marys Cement. However, we have no indication from the Ministry Staff as to the timing of completion of their investigation. As a result of various concerns raised by the Port Darlington Community Association, Town Council should urge the Minister of the Environment to provide top priority to this matter. . . . 6 REPORT NO. : PD-169-90 PAGE 6 5 . SITE PLAN APPLICATION: 5 . 1 As stated in Paragraph 2 . 1 of this report, St. Marys Cement has filed application for site plan approval for the construction of three (3) storage silos and accessory structures on the existing "dock" area. The Official Plan and Zoning By-law currently in force in the Town do not apply to the existing "dock" area. After consultation with the Town Solicitor, it appears that the only legal control that presently applies to the existing "dock" area is site plan control pursuant to Section 40 of the Planning Act. 5 .2 Section 40 of the Planning Act sets out the requirements for submission of drawings and plans as well as set out those matters that could be considered in any condition of approval that may be imposed by the Town. It should be noted that Section 40 does not deal with the issue of the "use" of the lands but only covers such matters as layout, design, creation of building/structure, access, parking, walkway, fencing, grading, lighting etc. In addition, conditions could be imposed by the municipality dealing with any of these matters. 5. 3 Through internal review and comments from the circulation process, Staff is satisfied that those matters to be considered as stated in the Planning Act will be adequately addressed in the site plan agreement which will be made as a condition of site plan approval. In addition, Staff is recommending a separate agreement to be entered into between St. Marys Cement and the Town to require St. Marys Cement to covenant and agree to the following pertaining to the existing "dock" area: . . .7 REPORT NO. : PD-169-90 PAGE 7 a) No further building or structure are to be erected without prior approval by the Town of Newcastle through site plan approval process and building permit application. b) Any flood lights are to be designed and erected in a manner to direct illumination away from existing residents . c) St Marys Cement shall construct and complete an earth bearm along the easterly limit of the existing "Dock" area within three (3) years from the date of this agreement. The location, dimension and vegetation planting of the berm shall be defined and shown on a site plan to the satisfaction of the Director of Planning and Development and be attached as a schedule to this agreement. The performance obligation of the earth berm is to be secured by an irrevocable and unconditional Letter of Credit in the amount of $250,000 .00 which will contain provisions for annual adjustment in accordance with the Southam Construction Index and be in a form acceptable to the Treasurer of the Town. d) St. Marys Cement will continue to persue the amendments to the Official plan and Zoning By-law in a manner consistent with its current applications . 5.4 With respect to the suggestion by the Staff of the Ministry of Environment that the Town should withhold its decision on the site plan application until the Minister decides on the issue pertaining to the Environmental Assessment Act, Staff have been waiting for such decision since January and at time of preparation of this report, there is no indication or response from the Ministry Staff as to when such a decision will be rendered. It should be noted that in its letter to the Town, the Ministry Staff has stated clearly that it has no jurisdiction on site plan matters . Staff have written the Ministry requesting a decision be made prior to mid-May. . . .8 9 REPORT NO. : PD-169-90 PAGE 8 5 .5 The jurisdiction of site plan approval is solely vested with the Town and a decision must be made. Council has delegated site plan approval authority to both the Director of Planning and the Director of Public Works . Inasmuch as the Town does not appear to have valid reasons in withholding approval of the site plan application, Staff feel that the requirements set out in Paragraph 5. 3 will provide some forms of control otherwise not available to the Town. In this regard, both Directors are prepared to give favorable consideration to the St. Marys Cement site plan application on the conditions set out above unless otherwise directed by Council. 5 .6 The content of this report has been reviewed and discussed with the Town Solicitor. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. L rence Kotseff Director of Planning Chief A 'nistrative and Development Officer Walter Evans, P.Eng. Director of Public Works FW*jip *Attach 1 May 1990 90 REPORT NO. : PD-169-90 PAGE 9 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Mr. Gordon White, President Port Darlington Community Association P.O. Box 100 BOWMANVILLE, Ontario L1K 3K8 Mr. Cliff Meta, Plant Manager St. Marys Cement Co. P.O. Box 68 BOWMANVILLE, Ontario L1C 3K8 Mr. Dixon Wood St. Marys Cement Co. Secretary 2200 Yonge Street TORONTO, Ontario M4S 2C6 - L. 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