HomeMy WebLinkAboutPSD-063-06•
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Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Tuesday May 23, 2006
Report #: PSD-063-06 File No's: PLN 15.12 & PLN 26.13
Resolution #: GPA-245-06
By-law #: 2006-114, 2006-115
Subject: LICENSE AGREEMENT FOR HYDRO CORRIDOR NORTH OF WILMOT CREEK FOR
WATERFRONT TRAIL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
THAT Report PSD-063-06 be received;
2. THAT the two license agreements for recreational purposes be entered into with the Province of
Ontario, one for the Hydro Corridor lands the first for Lots 1, 2, and Part of 3, Broken Front
Concession, former Township of Darlington and second for Lots 33, 34, 35, Concession 1
former Township of Clarke;
3. THAT By-laws authorizing the Mayor and Clerk to execute the agreement for the above noted
licenses be adopted;
4. THAT Council authorize staff and the municipal solicitor to take all necessary steps to finalize
these license agreements; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by: Reviewed by.
a i J. Cro e, M.C.I.P., R.P.P. Franklin Wu,
Director of --Planning Services Chief Administrative Officer
, tI(
A. S. Cahhella, C.E.T.
Director of Engineering Services
FL*DC*sh*df
May 16, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-063-06
1.0 BACKGROUND
PAG E 2
1.1 The Municipality committed to the Waterfront Regeneration Trail in the 1990's. Since
that time, the studies carried out by the Municipality, planning decisions and land
acquisitions have advanced the goal of a continuous off -road trail along the Waterfront
in the urbanized areas of Clarington.
1.2 The Municipality has been working with Ridge Pine Park Inc. (Rice Developments) to
complete the "missing link" in the trail between Bennett Road and Cobbledick Road. In
the Phase 1 to 5 Amending Agreement for the development, terms were put in place to
ensure the alignment and funding for the Waterfront Regeneration Trail through the
hydro corridor north of Wilmot Creek Retirement Community by the developer.
1.3 Bill 58 — The Reliable Energy and Consumer Protection Act, 2002 received Royal
Assent in June 2002. It allowed for the ownership of approximately 50,000 acres of
hydro transmission corridor lands to be transferred from Hydro One to the Province of
Ontario. This transfer became effective on December 31, 2002 enabling the Province to
protect contiguous corridor lands as well as identify and dedicate the lands for other
compatible future uses.
1.4 The Province initiated a study regarding Provincial Secondary Land Use for corridor
lands. Municipalities had the opportunity to identify their public interests in corridor
lands; which Clarington did through PSD-011-05.
1.5 Under the new ownership and land use principles established by the Province for hydro
corridor lands, staff have been able to work with Hydro One, the current license holder
(Altario Farms Limited) and Ontario Realty Corporation (ORC) to arrange a license
agreement for recreation purposes and have the existing agricultural license reduced by
the area attributable to the proposed extension of the Waterfront Trail.
2.0 COMMENTS
2.1 The location of the Waterfront Trail in relation to the Wilmot Creek Community has been
shown on the revised site plans and the subject of negotiation with both the owners of
Wilmot Creek Community, Altario Farms, the current license holder of the corridor,
Hydro One and Ontario Realty Corporation. All parties are in concurrence as to the
location of the trail, its alignment and construction details.
2.2 The Municipality will be obtaining the license for a 13m wide corridor, 3m for the trail
and 5m buffer on both sides; through the agricultural fields licensed to Altario Farms
(see Attachment 1). The section from the Service Road west is referred to on the plan
as Stage 1, and Stage 2 is from the Service Road eastward to Cobbledick Road. The
licence area for Stage 1 is 1.1 ha and for Stage 2 is 1.7 ha, for a Total licence area of
2.8 ha. Only the Stage 1 area is being built in 2006, Stage 2 is not currently scheduled;
however, we are obtaining approval the license for the entire area at this time.
REPORT NO.: PSD-063-06
PAGE 3
2.3 The licence agreement is granted on the provision that, the Licensee (the Municipality)
pay the sum of One Dollar ($1.00) plus G.S.T. and in addition 50% of all taxes, rates or
grants in lieu thereof. The Finance Department have indicated that at the current tax
rate of $2,920.99 for Stage 1 and $4,514.26 for Stage 2 when implemented will be
applicable.
2.4 The other terms of the Licence that Council should be aware of is that it is only for a five
(5) year term, which is the standard that ORC is enforcing for all hydro corridor licenses.
It is non-renewable; rather another licence can be entered into at the end of the term. In
addition, there is a 90 day termination option that the Licensor has the sole discretion to
exercise at any time. We have asked Hydro One if the term could be extended or a
renewal clause added, but have not received an answer to our request.
2.5 The Municipality must carry Five Million Dollars ($5,000,000,000.00) in order to
indemnify the Licensor and Hydro One Networks Inc. The Director of Finance has
confirmed that we are in compliance with this condition.
2.6 The license agreement has been reviewed by the Municipal Solicitor
3.0 CONCLUSION
3.1 The Municipality has been working towards having the Waterfront Trail off -road,
especially in the more urbanized areas.
3.2 The developer is paying for the construction of the trail as part of the overall
development of Wilmot Creek Lifestyle Community in accordance with the
arrangements with the Municipality.
3.3 Staff are recommending that the license agreement for recreational purposes be
entered into in two phases with the Stage 1 area to be initiated as soon as possible.
Attachments:
Attachment 1
- Map of hydro corridor land and trail location
Attachment 2
- By-law for Stage 1
Attachment 3
- By-law for Stage 2
List of interested parties to be advised of Council's decision:
Les Hart
Hugh Allin
Patrick Grace
Rice Developments
Attachment 1
To Report PSD-063-06
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Attachment 2
To Report PSD-063-06
THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a by-law to authorize the entering into a Recreational Purpose Licence
Agreement with Her Majesty the Queen, in Right of Ontario, as represented by
the Minister of Public Infrastructure Renewal, the owner of the Utility Corridor
located in Part of Lots 1, 2, and 3 in Broken Front Concession former Township
of Darlington (Stage 1), now in the Municipality of Clarington, Region of
Durham
WHEREAS, the Council of the Corporation of the Municipality of Clarington has approved
the alignment of the Waterfront Regeneration Trail through these lands, shown in
Schedule A;
AND WHEREAS, the Hydro One Networks Inc., has transferred ownership of it utility
corridors to Her Majesty the Queen in right of Ontario, who in turn have authorized a
signing officer of Ontario Realty Corporation ("ORC") to execute a license on behalf of
Her Majesty for a period of five (5) years;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal,
a Licence Agreement for Recreational Purposes between Her Majesty the Queen,
the owner of the Hydro Transmission Corridor located in Part of Lots 1,2, and 3 in
Broken Front Concession former Township of Darlington, now in the Municipality of
Clarington, Region of Durham.
BY-LAW read a first time this 29th day of May
BY-LAW read a second time this 29th day of May
BY-LAW read a third time and finally passed this 29th day of
2006
2006
May 2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 3
To Report PSD-063-06
THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a by-law to authorize the entering into a Recreational Purpose Licence
Agreement with Her Majesty the Queen, in Right of Ontario, as represented by
the Minister of Public Infrastructure Renewal, the owner of the Utility Corridor
located in Part of Lots 33, 34 and 35 in Concession 1 former Township of
Clarke (Stage 2), now in the Municipality of Clarington, Region of Durham
WHEREAS, the Council of the Corporation of the Municipality of Clarington has approved
the alignment of the Waterfront Regeneration Trail through these lands, shown in
Schedule A;
AND WHEREAS, the Hydro One Networks Inc., has transferred ownership of it utility
corridors to Her Majesty the Queen in right of Ontario, who in turn have authorized a
signing officer of Ontario Realty Corporation ("ORC") to execute a license on behalf of
Her Majesty for a period of five (5) years;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal,
a Licence Agreement for Recreational Purposes between Her Majesty the Queen,
the owner of the Hydro Transmission Corridor located in Part of Lots 33, 34 and 35
in Concession 1, former Township of Clarke, now in the Municipality of Clarington,
Region of Durham.
BY-LAW read a first time this
29th
day of
May
BY-LAW read a second time this
29th
day of
May
BY-LAW read a third time and finally passed this 29th day of May
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
2006
2006
2006
Schedule "A"
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