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HomeMy WebLinkAboutPSD-099-03 Addendum ",l: , tlNFINISBED BUSINESS CJ~mgron REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, September 15, 2003 Report #: Addendum to PSD-099-03 File #: PLN 23.5.12 By-law #: Subject: HIGHWAY 407 EAST COMPLETION - DRAFT TERMS OF REFERENCE FOR THE ENVIRONMENTAL ASSESSMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Addendum to Report PSD-099-03 be received; 2. THAT Staff Report PSD-099-03 be lifted from the table and amended as set out in Section 3 of this addendum report; 3. THAT Staff Report PSD-099-03, as amended, be approved as the formal comments of the Municipality of Clarington on the "Draft Highway 407 East Completion Environmental Assessment Terms of Reference", dated April 2003; 4. THAT a copy of Report PSD-099-03, the Addendum Report, and Council's resolution be forwarded to Totten Sims Hubicki, the Ministry of Transportation, the Clarington Highway 407 Community Advisory Co ittee, and the interested parties listed in this report. Submitted by: iIff~ - A.S. Cannella Director of Engineering Services Da' . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: a~-.-:~ Franklin Wu, Chief Administrative Officer JAS*FL *DJC*sn September 10, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON . l , REPORT NO.: ADDENDUM TO PSD-099.03 PAGE 2 1.0 BACKGROUND 1.1 On September 8, 2003, the General Purpose and Administration Committee considered Staff Report PSD-099-03 which forwarded recommended comments on the draft Terms of Reference for the Highway 407 East Completion Environmental Assessment. Four members of the public appeared as delegations regarding the staff report. Committee resolved to refer Report PSD-099-03 back to staff for one week to take into consideration the comments received from the delegations at the meeting. This report has been prepared in response to Committee's direction. 1.2 The comments made by the delegations are summarized below, with Staff's response indicated in bold italics. Copies of three of the submissions form Attachments 1 to 3 to th is re po rt. 2.0 PUBLIC'S COMMENTS 2.1 Mr. Tom Barrie made the following comments on behalf of the Clarington Agricultural Advisory Committee (see Attachment 1): a) Prime agricultural lands should be protected and should not become the default location for the highway. Wetlands and other natural areas appear to have greater protection than prime agricultural land. Agree. This comment is reflected in Section 6.2.1 0) of Report PSD-099-03 where it is recommended that additional objectives be added to Tables 6.1 and 6.2 of the draft Terms of Reference to address the avoidance of prime agricultural lands. b) Access between farm parcels must be easy and efficient to maintain the viability of farm operations. Agree. Section 6.2.1 p) of Report PSD-099-03 notes that this matter should be addressed in the Terms of Reference. c) A reduction in groundwater and stream flow due to the encroachment of Highway 407 into groundwater recharge areas could affect the amount of water available to irrigate crops. Agree. Section 6.2.1 p) of Report PSD-099-03 recommends that the Terms of Reference address the potential impact on crop production if stream flows and groundwater used for irrigation are reduced. d) The fragmentation of agricultural clusters of farms and farm-related businesses by the highway will affect the viability of farming. Agree. This concern is addressed by Section 6.2.1 r) of Report PSD-099-03. REPORT NO.: PSD-099-03 PAGE 3 e) If the highway is placed through agricultural lands, controls over adjacent development should be put in place to discourage land speculation. Land use controls adjacent to the new highway are not an issue that would be addressed by the Terms of Reference for the Environmental Assessment. However, Section 8 of Report PSD-099-03 (Conclusions) notes that the rural character of Clarington will bear the brunt of the impact of Highway 407 and the East Durham Link, and that Council should bear in mind how potential changes along the Highway 407 and the Link corridors should be managed. f) The operation of the highway could negatively affect farm production (eg. salt spray, tile drains). Agree. Section 6.2.1 t) states that the impacts on agricultural operations related to the operation of the highway, such as salt spray, should be addressed in the Terms of Reference. g) It will be more difficult to properly cultivate farm parcels that are fragmented into angular pieces. Agree. This matter is not specifically addressed by Report PSD-099-03. It is recommended that Section 6.2.1 r) of the report be modified to read: /I The ToR should address how the fragmentation of farm parcels. agricultural clusters of farms and farm-related businesses by the highway will affect the viability of farming. " h) Increased traffic on local roads resulting from Highway 407 will affect the safe movement of farm machinery. Agree. This matter is addressed by Section 6.2.1 s) of Report PSD-099-03. i) When Highway 407 is constructed, it should be completed to Highway 35/115 in a timely fashion and to its full extent. The timing and speed of construction is not an issue to be addressed by the Terms of Reference. However, the impact of terminating the highway at the East Durham Link on traffic and the operation of the local road network is addressed by Sect;on 5.2.1 f) of Report PSD-099-03. 2.2 Ms. Linda Gasser submitted the following comments in respect of Report PSD-099-03 (see Attachment No.2: a) The Environmental Assessment for Highway 407 should proceed under all provisions of Section 6 (1) (2) of the Environmental Assessment Act to allow a thorough review of the full range of alternatives to the highway as well as alternative methods of carrying out the project. REPORT NO.: PSD-099-03 PAGE 4 Disagree. The peer review comments on the draft Terms of Reference prepared by IBI indicate that the Ministry of Transportation has correctly chosen to conduct an individual EA of the Highway 407 East Completion, owing to the scope, magnitude and complexity of the undertaking. As well, the draft Terms of Reference indicate that, for Study Segment 3, a number of alternatives, including enhanced transit and improvements to the Regional road network, will be examined under the Combined Alternative. b) Report PSD-099-03 should highlight the importance of the Oak Ridges Moraine. Specifically, it should request clarification of the basis for including it in Study Area 3 and what special mitigation measures would be employed to protect the moraine if a route were contemplated through the moraine. Disagree. Although Staff agree that the Oak Ridges Moraine is an important and unique feature in the southern Ontario landscape, it is not appropriate for the Moraine to be specifically identified in the Municipality's comments when other important local features, such as the Lake Iroquois Beach and the Black-Farewell wetland, are not mentioned. It is also worth noting that, because of recent provincial initiatives, the Oak Ridges Moraine already enjoys a higher level of protection than other natural features. 2.3 Mr. Gerald Brown, the co-chair of the Clarington Agricultural Advisory Committee, indicated that the agricultural community supports Highway 407, and believes that it should be extended to Highway 35/115 as soon as possible. This comment is similar to that made by Mr. Barrie (see Section 2.1 i) of this report). The timing and phasing of the construction of Highway 407 are not issues that would be addressed by the Terms of Reference for the Environmental Assessment. 2.4 Mr. James Ambrose made the following comments regarding the East Durham Link (see Attachment 3): The Link should be located halfway between Townline Road and Regional Road 57 at the western edge of Lot 25, so that Courtice and Bowmanville would have an equal share of the Impacts and benefits, and traffic flow and response time for emergency vehicles would be optimized. The precise location of the East Durham Link is not an issue that will be addressed by the Terms of Reference. The issues that Mr. Ambrose raises with regards to location, centrality and emergency access are already identified in the criteria included in the draft Terms of Reference. r. . ' REPORT NO.: PSO.Q99-03 PAGE 5 3.0 CONCLUSIONS 3.1 Many of the comments made by the public in respect of the draft Terms of Reference for the Highway 407 East Completion have already been addressed in Report PSD-099-03. In response to a comment made by Mr. Barrie, the following change to the report is recommended: . In Section 6.2.1 r), by adding the words "farm parcels" after the words "fragmentation of', so that the comment now reads: "The ToR should address how the fragmentation of farm parcels, agricultural clusters of farms and farm-related businesses by the highway will affect the viability of farming. " 3.2 In addition, Staff recommend the following minor change to clarify the intent of the comment: . In Section 6.2.1 i), by deleting the word "crossings" and adding the word "crossing criteria" after the words "stream", so that the comment now reads: "Stream crossing criteria should be grouped into three broad categories (requiring BMPs, mitigation or compensation) to allow for a more detailed evaluation of impacts (IBI, section 5.6)." Attachments: Attachment 1 Attachment 2 Attachment 3 Submission by Mr. Tom Barrie Submission by Ms. Linda Gasser Submission by Mr. James Ambrose List of interested parties to be advised of Council's decision: Mr. John Slobodzian Mr. Steve Lipsett, Chair MTO Project Co-ordinator Clarington Highway 407 Community Provincial and Environmental Planning Advisory Committee Office c/o Clarington Planning Services Ontario Ministry of Transportation Department 301 St. Paul Street St. Catha rines, ON L2R 7R4 The Clarington Agricultural Advisory Committee c/o Clarington Planning Services Department Mr. Doug Allingham, P. Eng. Consultant Project Manager TSH engineers architects planners 300 Water Street Whitby, ON L 1 N 9J Mr. Jim Ambrose 5191 Enfield Road Hampton, ON LOB 1 JO , ATTACHMENT 1 Comments and Resolution by the Clarington Agricultural Advisory Committee regarding issues affecting the Agricultural Community for the Draft Highway 407 East Completion Environmental Assessment Terms of Reference September 8th General Purpose and Administration Committee Presentation At the August 25th meeting of the Clarington Agricultural Advisory Committee the CAAC passed a resolution informing Council of the CAAC's support for immediate completion of the Hwy 407 through Durham to Hwy 35/115. While it would appear to be a rather unusual motion from an agricultural advisory committee, we felt it was necessary to inform Council that the agricultural community for the most part is in support of the Hwy. It is our understanding that previously, Council assumed the agricultural community would be opposed to the completion of the Highway. In addition we felt it is important to inform Council of the context and discussions that led up to such a resolution. The agricultural community is frustrated and tired with the ongoing discussion, that has taken some 25 years now, regarding the 407. A generation of farmers have had a cloud of uncertainty hanging over them as to whether their lands will be claimed as part of the Highway route and resulting assumed urban expansion and development. This uncertainty has made it very difficult to prepare business plans and make commitments for agricultural operations. There are also many older farmers who would welcome the purchase of their property as their pension plan just to get out from under the cloud of doubt. The agricultural community is continually adapting to the shrinking processing opportunities, removal of lands for so called "green field" developments, increased protection of natural areas, additional regulations and resulting operating costs and shifts in market demands, and then there is the weather. The agricultural community will adapt to the changes that Highway 407 will bring. In addition, we are hoping that the economic growth promised by urban development, better access to markets and the ability to lure industry and tourism to the Durham Region will have positive spin-off effects for the agricultural community. We are here to also caution Council that to maintain Clarington as a largely rural community, controls and constraints on urban development must be put in place and maintained. Urban development can not be allowed to continue to sprawl, as we have seen in most of the other GTA communities where prime agricultural lands now growing houses rather than crops. While the CAAC supports the completion of Highway 407 to 35/115 it is based on our belief that given the current circumstances it is the best way to protect agriculture as a viable lifestyle for the young farmers in Clarington. Council will 1/4 , have to address the following items as part of the ongoing Highway 407 discussions and land use controls that should be put in place to support the agricultural community. . Protect prime agricultural land-Agricultural lands should not be the target or default location of the Highway. The objectives in the Environmental Assessment Terms of Reference list a series of objectives that address the avoidance of many natural features and minimization of impacts on social economic factors; however there should be additional objectives addressing the avoidance of prime agricultural lands. . Access-farms have a specific catchment area in which their operation is viable, this is both owned and rented lands that make up an operation; access between these pieces of property must be easy and efficient to maintain viability of the farm operation. Catchment areas are different depending on the farming type (e.g. beef/forage operations vs. specialty crops) and the impacts should be examined on an operation rather than just lumped into a single category. Farmers that experience increased travel times/distances should be compensated. . Continuous water supply-encroachment into groundwater recharge areas and reduction of base flows in streams must be maintained at pre-highway levels to ensure continued crop production. The Ministry of Environment should be requested to institute royalty fees on water taking permits that are for uses other than agriculture (such as industrial and commercial uses and water bottling operations). The backlog of water taking permits should be cleared. . Fragmentation of the agricultural community and related businesses-to remain viable there must be a cluster of farms and farm related businesses to maintain processing plants and food production. Fragmentation of the agricultural clusters by placing the highway through "green fields" and prime agricultural lands impacts the viability of farming as a profession within Durham Region and the GTA. At one time Clarington had 3-4 equipment operations, a fertilizer plant and processing plant, they have disappeared making agriculture operations more difficult to operate and more costly. . Fair market value for agricultural lands - increased access in rural areas promotes use of agricultural land for purposes other than agricultural. Should the highway be placed through agricultural lands, controls over adjacent development should be put and kept in place to discourage land specu lation. . Fair compensation - Farmers that experience decline in production due to operating impacts of the Highway (e.g. salt spray on crop yields) should 2/4 c' be compensated. Farms that are purchased should receive fair compensation for their lands and loss of livelihood. . Severances should be examined on an individual basis -Farms that are fragmented into angular pieces are less efficient, especially because of the large machinery used and could lead to over-application for seed and spray. Farmers that will no longer qualify for retirement lots because of the restrictive policies regarding acreages and past severances should have the right to grandfather. . Safety and traffic congestion-the movement of agricultural machinery on local roads is always a challenge. When the 407 is constructed it should be completed to the 115/35 in a timely fashion and to the full extent. The impacts on the agricultural community, traffic congestion and safety concerns currently being experienced in the vicinity of Brock Road (Brougham) should not be repeated. There has already been a significant increase in traffic flows along local concession roads leading to the 407 that jeopardize the efficient and safe movement of farm machinery. And finally, the CAAC believe that the timely and efficient movement of people and products by a new highway is crucial to the success of the Durham Region agricultural community. Access to markets and processing plants will enhance and assist with continued agricultural economic growth and agri-tourism. Thank you, we are available for questions. 3/4 ,. . CLARINTON AGRICULTURAL ADVISORY COMMITTEE RESOLUTION WHEREAS the Province of Ontario is meeting the challenge of traffic congestion in the Greater Toronto area by improvements to our highway networks; WHEREAS the further construction of Highway 407 eastward from Brougham through Clarington connection to Highway 35/115 would improve the flow of traffic both in Durham Region and throughout the G.TA; AND whereas the timely and efficient movement of people and products is crucial to the success of Durham Region economy; AND whereas not knowing the routes and time frames for opening of Highway 407, Brougham through Clarington, connection to Highway 35/115 has future plans of many residents, especially agriculture families on hold, and they are entitled to a quick as possible resolution to this matter; AND whereas even with all the suggestions of road improvements, Clarington Agriculture Advisory Committee would expect hazardous back road traffic congestion, and the movement of farm machinery would be in jeopardy, should Highway 407 temporarily end at any Courtice 407/401 Link; AND whereas Clarington Council should be supportive to the realizations of future vision of our neighbouring municipalities to the north and east; AND whereas Clarington generates the largest study area in Durham Region, Council should take a leading role in promoting the construction of Highway 407 to Highway 35/115 completion connection to the present termination of Highway 407 at Brougham; THEREFORE the Clarington Agricultural Advisory Committee advises Clarington Council to support the completion of Highway 407 through Clarington, following necessary Environmental Assessment completion to Highway 35/115 without delay. Moved by Neil Allin Seconded by Tom Barrie CARRIED 414 .' ATTACHMENT 2 DELEGATION TO CLARINGTON GPA-SEPTEMBER 8, 2003. RE: REPORT PSD-099-03 - HIGHWAY 407 EAST COMPLETION DRAFT TERMS OF REFERENCE Good Morning Mr. Mayor, Members of Council, Ladies and Gentlemen: Thank you for this opportunity to address you regarding the staffreport on the draft Terms of Reference. As you know, I have been appointed by Council to Clarington's 407 Community Advisory Committee and the Ministry of Transportation's 407 Community Advisory Committee. Please note that today I address you as an individual citizen. I would like to begin by commending staff on what is generally a solid report. Staff comments about the potential impacts to agriculture are particularly appreciated. As a member of the farming community potentially impacted by a 407 route, I am concerned about the comments by the Clarington Agricultural Advisory Committee and cannot see how they would be in the best interests of the agricultural community in either the short or longer term. There are two issues which I think need to be more clearly addressed in the municipal comments to MTO. 1. The scope of the environmental assessment. 2. A clearer comment regarding the Oak Ridges Moraine. Scope of Assessment A key component of any environmental assessment should be an assessment of alternatives to a project, and alternative methods of carrying out the project. MTO has proposed a very narrowly scoped EA that assumes a highway up to and including the two links. Only for the portion east of the East Durham Link has MTO indicated they would examine alternatives to a highway. Once the highway is brought to the East Durham Link, transportation and development pressures will be very difficult to manage, as will protection of our natural resources and the agriculture industry. There seems to be a majority view that a highway cutting across Durham is inevitable. While there is undoubtedly a political view that would includes a highway straight through to the 115/35 highway, Durham's Community Strategic Plan - a plan developed with substantial amounts of community input-envisions a future that offers transportation choices - not just choice of highways. It is in the best interests of Clarington to support a broad environmental assessment, one that examines a range of reasonable alternatives. We need to be certain whether or not the highway is indeed the best solution to Durham's and Clarington's transportation needs. It is important that such an examination of environmental, social, economic, fiscal and transportation issues occurs during the EA itself so that it is subject to full public and agency review. Linda Gasser :'.-'::'. ~u.," J;;. VlUJlU Cill. i...ull iiv10 Tel: (905) 983-5249 E-Mail: lagasser@netrover.com . . . - The proponent has examined only selected planning alternatives in the Needs Assessment and these have not been examined to the level of detail that would be required in an EA. Much of the data in the Needs assessment has not been substantiated, as noted by your staft: illI and Clarington's 407 CAC. In their advice to Council which is attached to the staffreport, Clarington's CAC recommended in item 1 that the EA should proceed under all provisions of Section 6(1)(2) of the Environmental Assessment Act. Please add such a comment to the staff report itself. Adding such comment does not constitute a position on the highway - it simply requests a thorough review of the full range of alternatives to a highway as well as alternative methods of carrying out the project. This has not ever been done for the 407. By not specifically commenting on scope of the assessment, you would be accepting the proponent's assertion that need has been demonstrated for a highway up to and including an East Durham Link and that the Combined Alternative they propose is doable. Staff themselves comment that more information is needed about why widening of 401 has been screened out as an alternative and how the Combined Ahernative could be implemented - so large questions about scope remain. While this may have been the position of past colUlCils, you know that there are other visions for Clarington's future. This Council gets transit. In my view some of the best decisions you have made have been around transit and calling for improvements to existing roads such as Taunton Road. There is a tremendous economic, social and environmental case to be made for public transit and improvements to existing infrastructure. We need not be doomed to car dependence to the extent many municipalities to west seem to be. So fur, we have been able to hold the line on runaway sprawl. Once a highway comes further into Durham, that might become impossible. Oak Ride:es Moraine The Oak Ridges Moraine is a dominant feature in Clarington and stands to be potentially impacted if the currently proposed study area 3 were to be approved. Hwe don't highlight the importance of the moraine, who will? Staff have said they don't wish to single out the moraine as opposed to other areas of the municipality that might be affected by the 407. Highlighting the special features and functions of the moraine would not necessarily take away anything from other parts of the municipality. It would simply recognize that the Oak Ridges Moraine is different and unique. In their comments on Study Areas on page 4, staffhave indicated that time did not permit definite comments on these. I think a comment could be included requesting clarification on what basis the moraine was included in Study area 3 (this might be partially covered by point 5.2.1 e) and what special mitigation measures would be employed to protect the moraine if a route were contemplated through the moraine. Thank you for your attention. Linda Gasser Linda Gasser P.O. Box 399. Orono OnL LOB IMO Tel: (905) 983-5249 E-Mail: lagllSSer@netrover.oom 2 , . . . ATTACHMENT 3 September 7,2003. Messrs. MTO/OSBC Please be advised that: I wish to speak to the location of the 401/407 link, and the location of the only interchange between the Oshawa/Courtice border and Road 57 at Bowmanvi1le. I would locate the north/south lin~t the western edge of Lot 25, street address about 1904. The interchange would be directly north oftheJiRkjust south/west ofSolina. no; f'"J. r:"..,. ,,',;.;~,f;--;..; ~ The advantages would be: - Link is equal distance from Town Line to Road 57. - Would keep noise, etc. same. - North and South traffic would flow laterally to Courtice and Bowmanville on 4 horizontal roads: Base Line, Bloor Street, NO.2 Highway and Taunton Road, rather than vertically up or down existing streets. - St. Lawrence and Hudson Railway is closest to 40 I (50 M. )that could be bridged easiest at this point. 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