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HomeMy WebLinkAboutPSD-121-07 Cl~illglOn REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~eso /Ll-H en *A pt/-r51 g -07 Monday October 22, 2007 Meeting: Report#: PSD-121-07 File #: PLN 15.12, ZBA 2005-030 By-law #: COPA 2005-007, ROPA 2003-009 RE 6.3.10.1 Subject: WATERFRONT TRAIL WILMOT CREEK LIFE STYLE COMMUNITY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-121-07 be received for information. Reviewed by: ranklin Wu, Chief Administrative Officer me, M.C.I.P., R.P.P. f Planning Services ~ DJC*sn 17 Oct 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT NO.: PSD-121-07 PAGE 2 1.0 BACKGROUND 1.1 On July 30th, Bill Stockwell of 35 Niagara Trail within the Wilmot Creek Adult Lifestyle development (Wilmot Creek), appeared before Council and expressed concerns with the Waterfront Trail being constructed between Bennett Road and the South Service Road north of the existing Wilmot Creek Development. Mr. Stockwell expressed concerns on behalf of a number of residents of Wilmot Creek that the trail created security issues for the residents of a "gated" community. A petition signed by 138 residents representing 104 households was submitted (Attachment 1) requesting that: . The Municipality not extend the Waterfront Trail past the community works yard at the South Service Road entrance, thereby using the service road as the continuation of the trail to Cobbledick Road; . The Municipality use the funds anticipated from the developer to construct a "proper security fence" between the south edge of the trail and the northerly property line of the residential development. 1.2 Council resolved "that the delegation of Bill Stockwell regarding the Waterfront Trail be referred to staff and that Bill Stockwell be advised of Council's discussion". The issue was assigned to the Engineering Services Department and Peter Windolf replied by a letter dated August 21st (Attachment 2). 1.3 Mr. Stockwell met with staff and a local councillor to clarify that his request was for a report to be prepared to come to the GPA with the history of the Waterfront Trail in relation to the Wilmot Creek development and to respond to the petition. He indicated that subsequent to the preparation of a report on the history of the trail, it was the intention of the residents to appear before Council in support of their request. 1.4 There is a long series of events surrounding the Waterfront Trail, the difficulties in determining an alignment with respect to the Wilmot Creek development and the various applications by Ridge Pine Park Inc. (Ridge Pine Park). This report captures the highlights but is not exhaustive. 2.0 ORIGINS OF THE WATERFRONT TRAIL 2.1 The concept of a Waterfront Trial originated from the work of the Royal Commission on the Future of the Toronto Waterfront between 1988 and 1991. The Royal Commission, headed by David Crombie, looked at lands within the Greater Toronto Area and issued its landmark report Reaeneration: Toronto's Waterfront and the Sustainable Citv. The report recommended the establishment of a "Greenway" which included a continuous Waterfront Trail from Burlington Bay to the Trent River. A greenway is linear park system connecting various nodes including environmentally significant lands recreational/tourist areas and residential communities. The Royal Commission described Greenways as follows: REPORT NO.: PSD-121-07 PAGE 3 "The essence of greenways is connections - not simply connecting recreation areas through trails but connecting wildlife habitats to each other, human communities to other human communities, city to country, people to nature. This emphasis on links contrasts with the traditional approach to conservation of open space and natural areas, which stresses purchasing blocks of parkland often isolated in a sea of surrounding development." The Waterfront Trail was to bring people in touch with the natural environment along the Lake Ontario shoreline. It was not only a recreational amenity, but an opportunity for people to see and understand the impact of human activities in the watershed as it ultimately impacted on the condition of the waterfront. It would contribute to the Commission's recommended principles for the waterfront - clean, green, connected, open, accessible, useable, diverse, affordable and attractive. In 1990, The Royal Commission through its interim report, Watershed recommended a trail that would traverse the then yet to be developed sections of Wilmot Creek (Phases 5 and 6) to connect to the Hydro corridor to the north (Attachment 3). More detailed work on the Waterfront Trail alignment for Clarington was undertaken in a 1991 report titled The Waterfront Trail: First Steps from Concept to Realitv. It proposed short term priorities for the Municipality of Clarington. With respect to Wilmot Creek Lifestyle Community, it proposed an optimal trail alignment along the shoreline of Lake Ontario but an interim trail utilizing Wilmot Creek Drive to connect to the Hydro One corridor (Attachments 4A and 48). 2.2 Clarington participated throughout the Royal Commission by attending pubic meetings and participation on various panels. The residents of Wilmot Creek and Ridge Pine Park expressed concerns with the Waterfront Trail alignments proposed but acknowledged the concept of a continuous greenway. 3.0 THE CONSTRUCTION OF THE INTERIM WATERFRONT TRAIL 3.1 To assist in implementing the 80 recommendations of the Royal Commission, in 1992 the Ontario government established the Waterfront Regeneration Trust with David Crombie as its Commissioner. The creation of the Waterfront Trail became one of the Trust's key objectives. To this end, it assisted municipalities in developing trail standards and related design criteria, accessing provincial funding and formulating area specific waterfront plans. 3.2 In 1993, the Waterfront Regeneration Trust starting working with municipalities to develop the Waterfront Trail in a phased manner. The initial phases included planning for the development of interim and ultimate waterfront trails and providing provincial funding to municipalities and other public agencies to construct portions of the Waterfront Trail. REPORT NO.: PSD-121-07 PAGE 4 3.3 On March 22, 1993 Council received a delegation from Mr. David Rice indicating that the residents of Wilmot Creek did not want a public trail traversing along shoreline of the community. Council subsequently passed the following resolution: "THAT the Commission (Waterfront Regeneration Trust) be advised that, should the Waterfront Trail proceed, the Council of the Corporation of the Town of Newcastle (Clarington) does not support the Waterfront Trail traversing the Wilmot Creek development, but a route north of the Wilmot Creek Development" 3.4 On Nov. 15, 1993 David Crombie appeared before the GPA Committee to speak on the mandate of the Waterfront Trust and the vision for a Waterfront Trail and greenway extending from the Trent River to Burlington Bay. At the same meeting, the Recommended Land Use Strategy for the Clarington Waterfront was presented by the Municipality's consultants. This report recommended an ultimate trail alignment along the Lake Ontario shoreline through Wilmot Creek but an interim trail alignment through the Phase 5 and 6 lands to connect to the Hydro One corridor. Council endorsed the Greenway concept in principle and requested that staff report back on the interim and ultimate trail alignments. 3.5 In January 1994, through the consideration of report PD-8-94, Council endorsed the interim and ultimate Provincial trail alignments between Oshawa and Bond Head, save and except for the trail between Bennett Road and Cobbledick Road. An alignment for this section of the trail was not endorsed due to the previous resolution of Council and the inability to find an alternate route. 3.6 Because of the lack of public lands on the waterfront, most of the Clarington portion of the trial comprised on-road trails which were only signed. A number of off-road sections were to be developed on a minimum standard for a cost of $325,000. The Municipality's ability to participate in the Provincial program at the time was limited by the limited public land available and by the Municipality's financial ability to contribute to a cost- shared program. 3.7 Report PD-8-94 noted the 1993 Council resolution that did not support a trail route that would traverse through the Wilmot Creek Lifestyle development along the shoreline. The alternative under consideration was to utilize the Hydro corridor from Bennett Road to the South Service Road. This however, would require crossing Wilmot Creek Drive and the construction of a pedestrian bridge over the railway at a considerable cost to the Municipality for a trail alignment that was considered to be interim. As a result, there was no approved trail alignment between Bennett Road and Cobbledick Road. The only other alternative was to use Highway 2 but this was deemed to be unsafe due to the speed and volume of traffic and insufficient shoulder improvements. Consequently, Highway 2 was not approved as an interim route alignment and the trail simply stopped for this section, leaving trail users to find their own ways to connect. REPORT NO.: PSD-121-07 PAGE 5 3.8 The Lake Ontario Waterfront Greenway Strategy, produced by the Waterfront Regeneration Trust in 1995 with input from many stakeholders, identified a number of actions including completing and upgrading the Waterfront Trail. One of the three critical missing links in the trail was the portion affected by the Wilmot Creek retirement community. The report noted that capital funding was needed for completing these links. 3.9 During the preparation of the Official Plan, the recommendations of the Waterfront Study regarding the Waterfront Trail were carried forward into the Draft Official Plan. The draft policies provided for any development or redevelopment of Wilmot Creek to accommodate the Waterfront Trail "through the undeveloped area" (Phases 5 and 6). At the public meeting in September 15, 1995 both Phyllis Baker on behalf of the Wilmot Creek Homeowners Association and David Rice, on behalf of Ridge Pine Park expressed their opposition to this. The Homeowners Association specifically indicated that proposals to place the Waterfront Trail adjacent to the shoreline or to provide any access to Lake Ontario through the Wilmot Creek property continue to be denied. The approved Official Plan did not incorporate this provision and but makes reference to the Municipality co-operating with the residents and owner to facilitate the linking of the waterfront trail through Special Policy Area B (Wilmot Creek). 4.0 WILMOT CREEK LIFESTYLE COMMUNITY PHASE 6 APPLICATION 4.1 In October of 1996, Ridge Pine Park applied to amend the zoning on their lands to allow for a variety of housing types on their lands. It was subsequently revised in March 1997 to apply to only the Phase 6 lands. The uses included single and semi-detached dwellings, townhouses, apartments and a retiremenUnursing home. 4.2 On October 2yth, 1997, Council adopted staffs recommendations to approve the revised development. The location of the Waterfront Trail connection was resolved at this time. Report PD-147-97 (Attachment 5) noted: "With respect to the issue of the Waterfront Trail, staff has had several discussions with the applicant. It has been resolved that the Waterfront Trail will run along the north limits of the Phase 6 Area, just as it will in the Phases 1 to 5 Area. This is consistent with Council's directive that the Waterfront Trail should not go through the retirement community." The land required for the Trail alignment at the northern limits of Phase 6 were to be conveyed to the Municipality through the parkland dedication prior to execution of a site plan agreement for Phase 6 development. This decision of Council settled the location of the trail through Phase 6 and essentially between Bennett Road and the South Service Road. The Phase 6 lands for the trail were provided as part of the developer's parkland dedication requirement. However, no trail was to be constructed until a connection through to Bennett Road was made. REPORT NO.: PSD-121-07 PAGE 6 5.0 AMENDING SITE PLAN FOR PHASES 1-5 5.1 In 1999, Ridge Pine Park appealed the Municipality's Development Charges By-law. It did not proceed to a hearing but was settled by Minutes of Settlement approved by the OMB on May 9, 2001. Through that appeal, a number of issues were identified which led to the decision to amend the original site plan to incorporate: . References to Development Charges (since the original agreement preceded the legislation); . Provision of a central access via the South Service Road and the construction of a municipal road to the site (it was previously an unopened road allowance and only to be used by emergency vehicles); . Clarification regarding the Waterfront Trail; . Identification of Environmental Protection Areas; and . Architectural Control Standards. 5.2 The Waterfront Trail was added to the site plan schedule for information purposes. The Amending Agreement included a clause added to the agreement that all future transfers or lessees be notified that the Waterfront Trail will be built and operated for use by the general public and that such transferees or lessees would not object to the establishment and/or use of the trail. The Amending Agreement was approved by Council on June 23, 2003. 6.0 ACQUISITION OF BENNETT ROAD WATERFRONT GREENWAY AREA 6.1 In 2005, Ridge Pine Park acquired a 34 acre parcel of land to expand the Wilmot Creek Lifestyle Community over to Bennett Road. It was their intention to submit an official plan amendment and related rezoning applications for this purpose. Although these lands were not identified in the Municipality's Land Acquisition Strategy, there were concerns by Planning Staff that Ridge Pine Park's proposal would further privatize the waterfront. Given the long term potential for a future population of over 300,000 in the existing urban areas and other lands not protected by the Greenbelt, it was important to secure as much of the waterfront as possible for future use and enjoyment by residents. 6.2 Staff reported on June 27, 2005 with respect to the acquisition of lands on Bennett Road. It was proposed to Council that the Municipality purchase 18.01 acres from Ridge Pine Park for $317,552 ($17,632 per acre) based on their purchase price. The balance of the lands would be available for Ridge Pine Park to make application to the Municipality for their proposed expansion (Phase 7). REPORT NO.: PSD-121-07 PAGE 7 Other provisions provided for: . In the event of approval of their planning application, Ridge Pine Park would be entitled to pay the Municipality for future cash-in-lieu of parkland on the basis of the purchase price subject to inflation. . The Municipal lands would host a 1 acre stormwater facility which would be designed as a landscaped natural feature but Ridge Pine Park would reimburse the Municipality for its purchase costs for this portion of the lands when the final stormwater plan was completed and surveyed. . Ridge Pine Park would pay a fee to cover the perpetual maintenance of the stormwater pond. . Ridge Pine Park would construct an emergency access to the Wilmot Creek development through the municipal lands. 6.3 In respect to the Waterfront Trail, Ridge Pine Park was obligated to construct the 3 m wide paved Waterfront Trail in 2 phases: . Phase 1 - from Bennett Road to South Service Road to the Municipality's standards. This included construction through the Phase 6 lands taken for cash- in-lieu referenced in Section 6.1 above and under the Wilmot Creek Drive bridge. This obligation would be triggered if the Municipality approved the development applications for Phase 7. . Phase 2 - from the South Service entrance to Cobbledick Road through the Hydro One corridor in the event that the Municipality approved the official plan and rezoning applications for any portion of the proposed Phase 8 lands (bounded by the CN railway and Hydro One corridor on the south, Highway 401 on the north and Bennett Road on the west). These lands are currently outside of the urban area and subject to Regional and Clarington Official Plan amendments. In the event that these applications were not approved, Ridge Pine Park agreed to support the Municipality getting a licence and consent to any amendments to any licences that it may hold over the Hydro One lands to accommodate the trail. The purchase agreement was entirely conditional on planning approvals being given for future expansion. The Municipality was not bound to approve such applications through the agreement. A denial of the application would have the effect of "unwinding" the agreement. 7.0 WILMOT CREEK LIFESTYLE COMMUNITY PHASE 7 APPLICATION 7.1 The applications for Official Plan Amendment and Rezoning for Phase 7 were submitted on June 24, 2005 to allow 66 residential units. A site plan application was subsequently submitted on January 26, 2006. 7.2 On February 13, 3006 Council approved staffs recommendation on Phase 7 contained in Report PSD-014-06 (Attachment 6). The Report recommended the adoption of Amendment 48 to the Clarington Official Plan and a related zoning by-law to extend the REPORT NO.: PSD-121-07 PAGE 8 Wilmot Creek Lifestyle Community westerly by 6.48 hectares and to designate the lands to be acquired by the Municipality as a District Park. 7.3 With respect to the park and Waterfront Trail, the report noted: "Waterfront access and open space are imperatives of Council and the proposed Waterfront District Park will meet these requirements for this part of the lakeshore. Ridge Pine Park Inc. will construct a portion of the Waterfront Trail from Bennett Road to connect with the South Service Road providing for a missing link in the trail system. The Waterfront Trail's improvement and integration, other critical objectives of Council, are being secured in the Waterfront Park lands being acquired by the Municipality." 7.4 The president of the Wilmot Creek Homeowners Association spoke at the public meeting in support of the application and that a number of Wilmot Creek residents were on the interested parties list. The public notice indicated the location of the Waterfront Trail in relation to Phase 6 and 7. 8.0 LICENCE AGREEMENT FOR THE HYDRO ONE CORRIDOR 8.1 On May 30, 2006 Council approved a report which authorized the entering into licence agreements with the Province of Ontario for use of the Hydro One corridor from Wilmot Creek Drive to Cobbledick Road. The licence provides for implementation in two stages, reflecting the anticipated timing of the construction of the trail. The park licence provides for a 13 m wide corridor, which includes a 3 m trail and a 5 m buffer! landscaped area on either side. 9.0 WILMOT CREEK LIFESTYLE COMMUNITY PHASE 8 APPLICATION 9.1 The Phase 8 applications to amend the Durham Regional Official Plan and the Clarington Official Plan were submitted in 2003. This application has been caught up in the Regional Official Plan Review and Provincial Growth Plan process. It has been determined that the Phase 8 application is not subject to the urban boundary expansion policies of the Growth Plan since it was submitted prior to the Growth Plan coming into force. At the present time, Ridge Pine Park is awaiting the results of the Financial Impact Study on various development proposals within the Municipality of Clarington. 10.0 STAFF COMMENTS 10.1 Since 1993, the Municipality and Ridge Pine Park, in consultation with the residents of Wilmot Creek have been working towards a solution for the Waterfront Trail that would find an alignment around to the north of the Wilmot Creek retirement community as it existed in 1993. Staff initially recommended a route which would follow close to the Lake Ontario waterfront and traverse through the Phase 5 and 6 lands to connect to the Hydro One corridor. This was acceptable to neither the residents or to Ridge Pine Park. A variety of alignments were considered to find a route that could stay north of the Wilmot Creek Lifestyle Community. Some were considered too expensive if they involved constructing a bridge across the railway or impractical for other reasons. In 1997, Ridge Pine Park proposed an alignment along the north edge of the Phase 6 REPORT NO.: PSD-121-07 PAGE 9 lands and immediately south of the railway to connect under Wilmot Creek Drive to the Hydro One corridor. While staff had concerns with the narrow alignment beside the railway it was reluctantly agreed that this was the only solution that met the intent of Council's 1993 resolution. 10.2 The proposal for the expansion of Wilmot Creek provided an opportunity to acquire additional waterfront lands for a future park and to provide a connection for the Waterfront Trail. Municipal staff negotiated the acquisition and the more limited expansion of the Wilmot Creek Community during the pre-consultation stage. Council's approval of this purchase agreement did not fetter the Municipality's legislative discretion in dealing with the planning merits of the development application. Council subsequently did approve the Official Plan and rezoning applications which triggered the obligation of the developers to construct the Phase 1 trail. 10.3 We have been advised that throughout 2006 and 2007 Ridge Pine Park had consultations with the residents of Wilmot Creek regarding the future development of their lands and the Waterfront Trail alignment. The consultations included 5 fireside chats with Mr. Rice which showed the Phase 7 plans, including the Waterfront Trail; meetings with the Homeowners Board of Directors; publishing the layout of the Phase 7 plans showing the Waterfront Trail in the Homeowners newsletter; and two information sessions on September 19th, 2006 and June 6th, 2007 of which approximately 120 people attended both times. 10.4 With respect to petitioners' requests: i. To discontinue the second phase of the Waterfront Trail on the Hydro One corridor from the South Service Road entrance to Wilmot Creek to Cobbledick Road Staff support the future development of the paved Waterfront Trail within the Hydro One corridor. This will continue to implement enhancements that provide for a continuous off-road Waterfront Trail that is safe and accessible for all types of users. The Municipality's objective is to move the interim trail alignments to permanent off-road locations to better serve the urban communities and provide the amenities that people expect. In the event that the Phase 8 proposal is approved, this improvement will all be done without the expenditure of tax dollars. If Phase 8 is not approved, it would be a longer term project requiring funds levied through taxes or development charges. ii. For the Municipality to expend funds secured through the negotiated arrangements for the Phase 2 trail to provide security fencing along the north limits of the Wilmot Creek Lifestyle Community. If the Phase 8 lands were to be approved for development, the Phase 2 trail improvements are secured for public purposes. In staffs view, it would not be appropriate to expend the funding equivalent to provide fencing for private property owners. It could set a precedent that many other property owners adjacent to open spaces in the Municipality would also request the Municipality to expend public funds to fence their properties. REPORT NO.: PSD-121-07 PAGE 10 The expressed concern for security assumes that there is a problem, which is generally not the case. At the present time, anyone with criminal intent can use the South Service Road, the Samuel Wilmot Nature Area or other points to access the community. We are aware that there are Waterfront Trail users who, currently left with no alternative, use the streets within Wilmot Creek to connect from Bennett Road to the Samuel Wilmot Nature Area. The security gates only stop motor vehicles. Completing the Waterfront Trail may improve security by providing a connection that directs cyclists and walkers away from using the internal street system of the gated community. Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Wilmot Creek Resident's Petition Letter of Peter Windolf dated August 21.2007 Proposed Trail Alignment - Royal Commission on the Future of the Toronto Waterfront Proposed Provincial Trail Alignments - 1991 Report PD-147-97 Report PSD-014-06 Report PSD-063-06 Attachments 4A and 4B - Attachment 5 - Attachment 6 - Attachment 7 - List of interested parties to be advised of Council's decision: Bill Stockwell David Rice, Ridge Pine Park Inc. Wilmot Creek Homeowners Association Marlaine Koehler, Waterfront Regeneration Trust _ /l-<.JJ/?L~Ocd /:J(f / .a. . {j' jl.[.() c.)J... ( cL'-. ~ ./ _ Jul(j 3c, QQi) '1. Qct1-. &( Attachment 1 To Report PSD-121-07 The folIowing residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall plauning of the portion of the ProvincialJMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alIeviate this situation by doing the folIowing: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the- northerly property line of the residential development. NAME ----- e~ <Ar-.[ ~ ~7~~~ ~'- '-I)~ ~.~ .Jl~~ ~~-Ufr~'YL (\.,n. rL.. J~~l'L(t. ) . \' l 'i) '-~ \/,<--,___.'0' . tq1~ 73 t 'c ~~k c5)~(7S \'-......"'"""~ , =-:::> tb"-L IJ~M""'- <....- l&~~{ If----~.".ed y{~Q;i{ ADDRESS '} The foIIowfug residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated" by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. ", It is therefore recommended that Council can alleviate this situation by doing the following: (I) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME /J /} rJ /I:~ . I "://7 l I! wllNV ~//'111 if - ~ -( /;;v{,~ /2,~H )-I,4RSJY ".!) IV) f-U'l VJ... 0 .-; ~Q~"- CU-'-ldtlI-~ -1:v-J alcrn-, ~/10 .-f0~-Z !;:;L€ ~ ~t{~. DoRJS.C rJ DoucC} AI () fiJ m C. 00 f"J E If ADDRESS NAME ADDRESS I ib<" _ __ ,-~", ' .,~y~ ~' ~~/~ 41b4 ~ ~"DAt2D C~ A.. \-t Q...=-"-""'" ~p~~ 7-;7 _V ;.:/~ L.J'< a~~ ,C;-l ,~~~ .'-A- ,y/1.... g~ ((1:,/ , . i '" f. /' ~ -- ~~ ~ ~A~/ 1a- J5;r ,~y' ~ C?!P~~~~,~",~ ~C <",/i; ''11 d _ ~ ;?C~-- cJh~( /4~/ The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS ()~;;f/ t))I-'/ r: ffl /- /"J If- 7' )? 121 If-rJ (J. hi /f~70;/ . fL.12,4-g~/// C:;. hi A-re.%'^'1 !< A -;- \ ~ 6.l'-A '\ i r~~ 10 ro{~ )./f .' i ]) Av C ~-e ,,-,, CL S'iI'lJy )/ANV!.:, ~'1 ;!^f()V Ct9 / "'- mEr! c.J /<: c,v '1 PaN ~vc.1/ ~ -- G~\-..lT 41'a;:b / /-- The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. \ ?nQ~(I)'J ~L-LfrlY/~ ~.?'Lrf d un--o/-t:' , k ~L~ X.u:!.cl ~~~~ /3 i/;- y YY\a.<<j f r3.L .~ c#'~: /{4J/A/.MAv1'y;;)J:{t{. d1v:j9 1;e( ch~ l/ j? I fY-R/-l A/!~.J.J & ILl' . c-- ~#~ -~<-~~~7-~~, .#-dd ~~ The following residents of Wilmot Creek request the Council of the Municipality of C1arington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public wiJ[ no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security . It is therefore recommended that Council can alleviate this situation by doing the following: (J) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly propertY line of the residential development. NAME ADDRESS to ~Y /4{.,(-SJrV -.'1,,1 wot$ O)o,1.t;cTV ~ mcC:.-Mh. ~M~ He.. L6M I? IJc/MI:P fJiNt1 /1 L O-l.'- (t^- L J-<~ ~~1'l~k~ d~,h D(jrJ/Jf\- c..ooPE (( \~~ D~ <'SPit<(' {ftt,(J6v7~~ ~':'1 ~t{.'I.JC.r1;Z t" _ #. The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS 'L/..J:L- U JL- ~ (]Jd~r~ 1}~~;:-.~ The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (l) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS 4d'~ .C 7?JY::nL/ ~1o~ )o~ .i1J~~h~ \-'~! '-" .;j:~. .1 f ..., A!:;~:( (dt~ :~t"::~ .~~ Ed! ..2~~ '-"-J . () , i r'I^- '--)k t-Y';:,.Y'iZ-A/ -t;ct ~~&v ,rf? fv'if? ;?E: 61/' C The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way inunediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security . It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME l..~\<,-~ cY~ 'Y/2 cvn1e &~ / ,"1 r-.,.' f:~..J~C<A~ I~f- dLt ~r IO/>, U // ^ !y'O.d'i:, R L'..-fiC ' ~ 't jJ }-d Cv\... Ii V () J\ I "e. ~ ' ,)/1)0-11 0 P/~(,ul1rLI;jU/ /2' · j j '/7 / Ji. 1!7:ld '/1' 41. g-~ ~q~-~~;2ZnJ ADDRESS tlL I- \"1..1.-...;.:1-#.1 j) w:t:...v ~~ /!.. - AC?t:..,~?"~-~ The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. ~ NAME r~ l2 \e\JV~~ ~ Cjv~ t?~J. ^'~~ dN~ V~~~Z~~~ 4 & ii/'. , ~{;: .~- ~~ /'hd \ -' /~. - . /l L. . //.' ~,p.~u..;; ADDRESS \ 1;(111 .... gro lJiarm' u Energizing Ontario Attachment 2 To Report PSD-121-07 August 21, 2007 Bill Stockwell 35 Niagara Trail Newcastle, ON LiB 1 L6 Dear Mr. Stockwell: RE: WATERFRONT TRAIL Your delegation from the July 30th GPA meeting was referred to Engineering Services for response. My branch is responsible for Park and Trail development projects. The trail currently under construction between Bennett Road and the Service Road into Wilmot Creek is a vital link in our Waterfront Trail. It is being constructed for the Municipality by Ridge Pine Park Ltd. as part of their subdivision requirements for Phase 7 of the Wilmot Creek Development. Relocating the Waterfront Trail off-road wherever possible is a high priority for the Municipality. The existing Waterfront Trail is currently routed around the Wilmot Retirement Community between Bennett Road and Cobble dick Road. The entire route is located on-road which requires trail users to travel 2.9 km along a busy portion of Highway 2 including where it crosses Highway 115. The new trail will provide a crucial off-road link and would eliminate the need to travel on Highway 2, making it shorter, safer, and more convenient for users. When Phase 8 of the Wilmot Creek Development occurs, Ridge Pine Park Ltd. will complete the off-road trail link with the construction of a paved trail in the Hydro Corridor from the Service Road to Cobbledick Road. The Waterfront Trail and its route through Clarington have been discussed at several public meetings over the years. The original goal was to route the "Crombie Trail" closer to the lake within the Wilmot Creek community; however, Ridge Pine Park Ltd. preferred to keep the trail outside of the community. With the development of Phase 7, the Municipality has acquired land adjacent to Bennett Road and access under the road bridge to finally re-route the trail north of the Wilmot community. An easement through the Hydro Corridor was also obtained from Hydro One. The Hydro Corridor will continue to be farmed, except for the trail easement land. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARI L 1 C 3A6 T 905,623,3379 2 I understand from your presentation and petition that residents are concerned about security once the trail is in use by the public. In recent years we have constructed trails in the Bowmanville Valley, along the Soper Creek, and along the waterfront in Bowmanville and Newcastle. There is also an existing network of well used trails in the Samuel Wilmot Nature Area on the east side of the Wilmot Creek community. I am not aware of any crime or security problems resulting from those trails. The trail may also eliminate the cyclists and pedestrians that sometimes cut through the community to avoid the on-road route. To control vehicle access to the new trail, bollards and granite boulders will be installed at the entry points from Service Road and Bennett Road. Once the trail is completed I believe it will be a great improvement to Clarington's trail network and hopefully a valued recreation feature for residents of the Wilmot Creek community. I hope this addresses your concerns, but should you have any additional questions, please feel free to contact me at (905) 623-3379 ex!. 201 or via e-mail at pwindolf@clarinqton.net. Yours truly, Peter Windolf Manager, Park Development Engineering Services Department PW/jo cc: A.S. Cannella, Director of Engineering Services Mayors Office c\j a.. <( ~ -l <( a: l- I- Z o a: u.. a: w ~ ~ <( z w w a: C) w ::c I- C) Z ~ Z :J ATTACHMENT 3 TO REPORT NO.: PSD-121-07 j)lCll ~g. o;I <=1:: "I' OJ 0 :' (:J n.- o o~ : ...... i:I:I ~ ~'ffi ::jf:: ~ I ~ .2 ';) ~ i~ " (11 :~ ~ ;~ tEl r)'< '\; ;:' ~ .~ , {~ .~ ~-g'-~ "0 ~ a; X 0- lE g' 6 ~ Cl .>:. 0.0 Q) -~ p j;.- .....J w::1.- .2 .<C ..\ ~!~ 'L'-o-E Cll~c. 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" II: . - w ~ l;-~Ci5 0-'" c Cl ~ ~:g~ ~L 1I:~.1: 0. a. 0 II I I: Attachment 5 To Report PSD-121-07 THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON DN:DE\I!l6056.GPA Meeting: Date: Report #: Subject: REPORT General Purpose and Administration Committee Monday, October 20,1997 File # Res. # PD-147-97 File #: DEV 96-056 By-law # REZONING APPLICATION APPLICANT: ROGER HOWARD ON BEHALF OF RIDGE PINE PARK INC. PART LOT 3, B.F. CONCESSION, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 96-056 Recommendations: 1. 2. 3. 4. 5. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PD-147-97 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Ridge Pine Park Inc. be APPROVED; THAT the amending by-law attached hereto be forwarded to Council for approval and that the (H) Holding symbol be removed by by-law upon the execution of a site plan approval agreement; THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 1.2 1.3 APPLICATION DETAILS Owner: Agent: Zoning: Ridge Pine Park (nc. Roger Howard From "Urban Residential Type Two Exception (R2-16)" to appropriate zone(s) to permit Seniors-oriented single and semi-de~ached dwellings, townhouses, apartments, a retirement home and/or nursing home west of the C.N. Railway Overpass (Phase 6). A retirement and/or nursing home would have associated health related facilities and may REPORT NO.: PD-147-97 PAGE 2 also include ancillary uses such as a beauty salon, barber shop and tuck shop. 1 .4 Area: 7.15 hectares (17.67 acres) 2. BACKGROUND 2.1 On October 28, 1996 the Planning and Development Department received an application to amend Comprehensive Zoning By-law 84-63 in order to permit the development of Senio~s-oriented single and semi-detached dwellings east of the C.N. Railway Overpass (Phases 1 to 5); and, single and semi-detached dwellings, townhouses, apartments, a retirement home and/or nursing home west ofthe C.N. Railway Overpass (Phase 6). A retirement and/or nursing home would have associated health related facilities and may also include ancillary uses such as a beauty salon, barber shop and tuck shop. 2.2 On March 17, 1997 the Planning and Development Department received a letter from the applicant to amend the application by withdrawing the application from the Phases 1 to 5 Area and limiting it to specifically the Phase 6 Area only. 2.3 The area subject to the proposal is situated on a 7.15 hectare (17.67 acre) parcel of land located immediately north of Lake Ontario, south of the C.N. Railway, west of Wilmot Creek Drive and one (1) lot east of Bennett Road. The more formal iocation description is Part Lot 3, Broker'! Front Concession, former Township of Darlington. 2.4 A Public Meeting for the rezoning application was held on February 17, 1997. Only the applicant spoke. 2.5 As a result of the notification process, staff did receive one (1) counter and three (3) telephone inquiries. The counter inquiry was concerned with semi-detached REPORT NO.: PD-147-97 PAGE 3 units being allowed in the Phases 1 to 5 Area. Given the March 17, 1997 revision to the application this is no longer a concern. One telephone inquiry questioned the nature of the expansion of the Wilmot Creek Community. This individual was advised the expansion was only in terms of the variety of housing types, not in area or population. This caller did mention a problem with drivers speeding out of Wilmet Creek Road at the intersection with Bennett Road, and asked that the situation be dealt with. 3. EXISTING AND SURROUNDING USES 3.1 The existing site is relatively flat and currently vacant. According to the applicant, until 1979 or 1980, the site was used for agriculture (ie. crops). Since that time it has remained vacant. 3.2 The surrounding land uses are as follows: North: Canadian National Railway and beyond that, vacant, formerly agricultural land South: Lake Ontario shoreline East: the existing Wilmot Creek Community West: agricultural or vacant land 4. OFFICIAL PLAN CONFORMiTY 4.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area. The primary purpose of lands designated Living Area shall be for residential purposes, and as such, the application conforms. 4.2 Within the Clarington Official Plan, the subject property is designated Special Policy Area B overlaying Urban Residential. The application conforms. REPORT NO.: PD.147.97 PAGE 4 5. ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 ofthe former Town of Newcastle, the subject property is zoned in part "Urban Residential Exception (R2-16)' which permits mobile home dwellings and/or single detached dwellings. Given that it is proposed that a large variety of housing types (mentioned previously in Sections 1 and 2) be built, the rezoning application is warranted. 6. AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. Comments received to date are as follows. 6.2 The Clarington Public Works Department, Engineering Division, has indicated that they have no objections to the proposal noting from a traffic perspective, any commercial businesses which are ultimately permitted must be ancillary to the internal development and be of a type and nature that are unlikely to attract customers from outside the Wilmot Creek Community. 6.3 The Clarington Public Works Department, Building Division, had no major concerns. 6.4 The Clarington Fire Department originally indicated that they had no objection in principle. However, it was noted that there have been concerns raised from the residents of this site regarding emergency egress, should it be necessary. With expansion and increased population, this concern may well increase and should be addressed before any expansion takes place. This matter has since been resolved with the Fire Department noting they had received. a letter from the residents' association stating that they have no problem with the expansion nor any fears about the exits from the site. REPORT NO.: PD-147-97 PAGE 5 6.5 The Central Lake Ontario Conservation Authority in commenting noted that the application had been revised to include only those lands within Phase 6 of the development. With this in mind, their concerns related to the Lake Ontario shoreline setback. The Central Lake Ontario Conservation Authority's Lake Ontario Flood. and Erosion Risk Mapping confirmed that for the portion of shoreline at the Wilmot Creek Community, a setback of 78 to 81 metres is recommended. Furthermore, it was stated that it may be possible to reduce these limits 1hrough site specific surveys along the bluff which could refine the bluff heights, or through shore protection measures which would limit erosion. The shoreline study which was submitted by the applicant and reviewed by Conservation Authority staff resulted in a new setback distance calculation of 39 to 58 metres for the Phase 6 lands. In light of the above, the Conservation Authority indicated that the issue of storm water management as well as the proposed lakeshore setback limit would be best addressed at the appropriate time when site plan approval is applied for and the precise location of the setback limit is determined. The Authority stressed that their concurrence to permit the rezoning application to proceed was with the clear understanding that the applicant would be required through the site plan approval process when the development plan is finalized to address any works that the Authority deemed appropriate. Staff would note that the applicant, has indicated they are willing to adhere to the authority's judgement with respect to the above. 6.6 The Regional Planning Department noted that the subject area was designated "Living Area" in the Durham Regional Official Plan and that the proposed residential and community uses conform. Additionally, the application was screened in accordance with the terms of the Provincial Plan Review responsibilities transferred to date. Issues identified included: REPORT NO.: PD.147.97 PAGE 6 . Ministry of Citizenship, Culture and Recreation . Ministry of Environment and Energy . Canadian National Railway . Ministry of Natural Resources Regional Planning Staff advised that Ridge Pine Park .Inc. had addressed each of . the above issues to their satisfaction as follows: . an archaeological assessment was prepared confirming no further assessment or investigation was necessary; . the Region's contamination site screening questionnaire confirming that the site was suitable for the uses proposed; . a noise and vibration report demonstrated that the subject lands were suitable for residential development. A subsequent report at the site plan approval stage will address specific unit requirements. . the Central Lake Ontario Conservation Authority did not identify any natural heritage concerns for Phase 6 lands and advised that stormwater management requirements would be addressed to their satisfaction at site plan approval. The Regional Planning Department advised that the Regional Works Department had completed its review of the functional servicing report prepared for Phase 6 and it was determined that this report demonstrates that the proposed land uses can be serviced as part of the 1,632 person retirement community. Detailed engineering drawings for the provision ofthe required municipal services must be submitted to Clarington, the Regional Works Department and Ministry of Environment and Energy for approval prior to commencement of on-site development. The Regional Planning Department concluded that, based on the foregoing, it would have no objection to further processing of the rezoning application. REPORT NO.: PD-147.97 PAGE 7 6.7 The Regional Health Department has no objections to approval provided that it is fully serviced by municipal sewer and water. 6.8 Ontario Hydro has stated they have no objection. 6.9 The Canadian National Railway has advised that they have reviewed the applicant's Vibration and Noise Impact Study and find the conclusions acceptable. 7. 7.1 7.2 7.3 7.4 The Railway further advises that they have prepared a draft of the required agreement between the Owner. and the Railway, addressing the Canadian National Railway's Principal Main Line Requirements. STAFF COMMENTS With respect to the issue of the Waterfront Trail, staff has had several discussions with the applicant. It has been resolved that the Waterfront Trail will run along the north limits of the Phase 6 Area, just as it will in the Phases 1 to 5 Area. This is I consistent with Council's directive that the waterfront trail should not go through I the retirement community. ( \ The land required for the Trail alignment at the northern limits of Phase 6 will be conveyed to the Municipality through the parkland dedication prior to execution of a site plan agreement for Phase 6 development. Staff is satisfied that for the purposes of the rezoning application, the attached by- law amendment, employing the use ofthe Holding (H) symbol can be considered for approval by Council. At such time that all site plan matters including stormwater management, the establishment of the precise shoreline setback limits and parkland dedication REPORT NO.: PD-147-97 PAGE 8 requirements have been addressed through the completion of a site plan agreement, the Holding symbol can then be removed by by-law. 8. CONCLUSIONS 8.1 In consideration of both agency comments and the staff comments in this Report. it is respectfully recommended that the rezoning from "Urban Residential Exception (R2-16)" to "Holding Urban Residential Exception ((H}R4-20)" be APPROVED as contained in the attached Zoning By-law amendment. Respectfully submitted. Reviewed by, OrJJ2-~ Franklin Wu. M.C.I.P., R.P.P. Director of Planning and Development ~ W.H. Stockwell Chief Administrative Officer BR*LT*FW*df 10 October 1997 Attachment #1 - Site Location Key Map Attachment #2 - Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Mr. Roger Howard. M.C.I,P., R.P.P. Ridge Pine Park Inc. Rice Development 17 Dean Street Brampton, Ontario L6W 1 M7 Mrs. Debra Allin Mr. Fred Ufton Mr. A.L.M. (Larry) Cond 635 _ SUBJECT SITE ~ o <( o 0:: S L. W CD mlL/i,\9J<QJ'jJ ~lRl~~OC ~~)f ~~[i?J ATTACHMENT 1/1 LOT 4 LOT 3 LOT 2 ~HIGHWAY ~~ 401 rI~o~ '() ~ P} ""F- o ~ z. t'i P'\\o\'\"'\.. H.E.P.C. cp,,\,\"'O\N . LAKE ONTARIO DEV. 96-056 ... . ~". ",~;;,,;.~ z o - (j) (j) W () Z o ("\ '-" r- z o a::: l..L.. Z w ::::s:: o a::: en ! ATTACHMENT' 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- being a By-law to amend By-law 84-63, the Comprehensive Zoning 8y-law for the Corporation of the former Town of Newcastle. ./0. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-iaw 84-63, as amended, of the Corporation of the Municipality of Clarington for DEV 96-056. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by adding thereto, the following new Special Exception 15.4.20 as follows: "15.4.20 URBAN RESIDENTIAL EXCEPTION (R4-20) ZONE" A. Notwithstanding the provisions of Section 15.1, those lands zoned R4-20 on the schedules to this By-law shall parmil one or more of ihe following: nursing home, retirement home, apartment building, link townhouse, semi- detached and mobile home and/or single detached dweiling. A nursing home and/or a retirement home may have associated health related facililies and may also include ancillary uses such as a beauty salon, barber shop and tuck shop. For the purposes of this subsection, a retirement home shall mean any privately-owned premises maintained and operated for persons over the age of 60 in need of residential care. Accommodation, meals and socialization are provided for those who cannot continue to live independently in the community. Between one and three meals a day may be provided in a central dining room. B. For the purposes of establishing density, the total number of dwelling units in the R2-16 and R4-20 zones shall not exceed 960 mobile home/single detached dweilings with a population set at 1.7 people per unit (ppu) or the equivalent population based on the conversion rates as given below: i) semi-detached and link townhouse units shall have a ppu of 1.7; iQ apartment shall have a ppu of 1.4; ;iij a retirement home shall have a ppu of 1.2; iv) a nursing home shall have a ppu or "population per bed" of 1.0. C. For nursing home, retirement home and apartment building the following regulations shall apply: e) i) Apartment Density (maximum) 80 units per he ii) Retirement Home and Nursing Home Density (maximum) 125 units per ha b) Building Site Area Coverage (maximum) 45% -2- c) Building Height (maximum) 12 metres A building in excess of 12 metres may be erected provided that the applicable yard requirements shall be increased directly in proportion to the increase In building height above 12 metres. d) Landscaped Open Space (minimum) 30%; e) Apartment Dwelling Unil Floor Area (minimum) i) iQ Hi) Iv) Bachelor Dwelling Unit One Bedroom Dwelling Unit Two Bedroom Dwelling Unit Dwelling Unit Containing Three or more Bedrooms 40 square metres 48 square metres 60 square metres 70 square metres plus 7 square metres for each bedroom in excess ofth ree 1) Retirement Home Bed-Sitting Dwelling Unit Area (minimum) 25 square metres g) Setback Requirements (minimum) i) from any other residentiai! instijutional building from any private road from any lot line . 3.0 metres per storey 7.5 metres 7.5 metres Ii) iii) h) Nursing Home and Retirement Home Parking Requirements 0.5 spaces per bed D. For link townhouse units the following regulations shall apply: a) Density (maximum) 40 units per ha b) Site Area Frontage (minimum) 13.5 metres c) Building Site Area Coverage' (max.) 40% d) Building Height (maximum) 1 0 metres e) Landscaped Open Space (minimum) 40% 1) Dwelling Unit Floor Area (minimum) 60 square metres g) Setback Requirements (minimum) i) from any other residential/ institutional building 3.0 metres per storey Ii) from any private road 5.0 metres iii) from any lot line 7.5 metres E. For semi-detached dwellings the following regulations shall apply: a) Site Area (minimum) 500 square metres b) Building Site Area Coverage (maximum) 40% - 3- c) Building Height (maximum) 10 metres d) Landscaped Open Space (minimum) 30% e) Dwelling Unit Floor Area (minimum) 60 square metres !) Setback Requirements (minimum) i) from any other residentiaV institutional building from any private road from any lot line 3.0 metres per storey 5.0 metres 7.5 metres iQ iiQ g) Special Yard Requirements Notwithstanding Sections 3.1 (b) and 15.4.20 E.!) ii), a carport may be permitted to have a 1.0 metre setback from any private road. For the purposes of this By-law a carport shall mean a roofed enclosure which may be attached or detached to a semi-detached dweiling, used for the storage or parking of a motor vehicle and has at least 40% of Its total perimeter open and unobstructed. F. For mcbile homes and/or single detached dwellings the regulations found in Subsection 13.4.16 shall apply. G. Schedule '1' to By-law 64-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R2-16)" to "Holding - Urban Residential Exception ((H)R4-20)", as illustrated on the attached Schedule "A" hereto. H. Schedule 'A" attached hereto shall form part of this By-law. I. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1997. BY-LAW read a second time this day of 1997. BY-LAW read a third time and finally passed this day of 1997. '. MAYOR CLERK This is Schedule "A" to passed this day of By-law 97- . 1997 A.D. LOT 4 LOT 3 LOT 2 -::f z 0 (j) (j) w u ~ z 0 0 u ~ S I- Z 0 .c- o::: w l..L. OJ z D~ w ~ 0 0::: m .-, __ h ~ .,-. . . LAKE ONTARIO _ZONING CHANGE FROM II R2-16" TO "(H)R4-20" CLARKE I Mayor Clerk Attachment 6 To Report PSD..121-07 . Cli1rilJgwn REPORT PLANNING SERVICES ( Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 6, 2006 Report #: PSD-014-06 File #: ZBA 2005-030 and COPA 2005-007 By-law #: Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW TC :'ERMIT THE WESTERLY EXPANSION OF WILMOT CREEK COMMUNITY WITH APPROXIMATELY 66 ADDITIONAL SINGLE DETACHED DWELLING UNITS APPLICANT: RIDGE PINE PARK INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-014-06 be received; 2. THAT Amendment No. 48 to the Clarington Official Plan as submitted by Ridge Pine Park Inc. to expand westerly the Wilmot Creek Adult Lifestyle Community by extending the Urban Residential area and Special Policy Area B to the west and to place a District Park symbol on the area of the Municipal Waterfront Park as contained in Attachment 2 be ADOPTED; 3. THAT the rezoning application submitted by Ridge Pine Park Inc. be APPROVED and that the Zoning By-law Amendment as contained in Attachment 3 be adopted by Council; 4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a site plan agreement; and 5. THAT all interested parties listed in Report PSD-014-06, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. Subm~.d by, ~ D~d Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: o~~ Franklin Wu, Chief Administrative Officer BRlCPIDJC/sh/df January 31,2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO l1C 3A6 T (905)623-3379 F (905)623-0830 639 REPORT NO.: PSD-014-06 Page 2 / ( 1.0 APPLICATION DETAILS 1.1 Owner: Ridge Pine Park Inc. 1.2 Applicant: (same as owner) 1.3 Clarington Official Plan Amendment: To redesignate lands from Waterfront Greenway to provide for the westward expansion of the Urban Residential designation subject to Special Policy Area B (Wilmot Creek Community) and to add a District Park symbol. 1.4 Rezoning: Appropriate to permit proposed 66 residential unit development. 1.5 Area: Area to be developed: 6.48 hectares (16.02 acres). 1.6 Location: The area to be developed is at the western limits of Wilmot Creek Community in Part of Lot 4, Broken Front Concession, former Township of Darlington. 2.0 BACKGROUND 2.1 On June 24, 2005, the Planning Services Department received from Ridge Pine Park Inc. an application to amend the Clarington Official Plan and an application to rezone the area for expansion of the "gated" residential community. The official plan amendment application was submitted to provide for the westward expansion of the Urban Residential designation within Special Policy Area B on lands currently designated Waterfront Greenway. The rezoning was submitted to permit approximately 66 dwellings, all single detached, and related private streets in the 6.483 hectares (16.02 acres) area to be developed. It is proposed that the balance of the site of 7.287 hectares (18.01 acres) be acquired for municipal park purposes. Supporting documents submitted were: · Phase 1 Environmental Site Assessment, · Noise Feasibility Study; · Geotechnical Investigation and Slope Stability Analysis Report (with an Addendum), · Functional Servicing Report, · Archaeological Report; and . Traffic Impact Study. , " On January 25, 2006, the Planning Services Department received from Ridge Pine Park Inc. a Site Plan Approval application which detailed the development. REPORT NO.: PSD-014-06 Page 3 ( 2.2 A public meeting for the proposed official plan amendment and rezoning was held on September 19, 2005. Two Wilmot Creek Community residents spoke at the meeting. The first resident spoke in opposition to the application since he felt the new subdivision was in "greenbelt protected lands' and that more agricultural land was being used for residential purposes. The second resident, the President of the Wilmot Creek Homeowners Association, spoke in support of the application but did note that the Community's existing residential facilities will not accommodate the needs of an expanded community and therefore, the facilities should be expanded. David Rice spoke on behalf of Ridge Pine Park Inc. and gave an oveNiew of the application, noting the proposal is not within the Greenbelt but rather, within the Urban Area. He commented that Ridge Pine Park Inc. is committed to: building both the Waterfront Trail in the vicinity of the residential community and an addition to the Community's recreation facilities building. No commercial uses are proposed for the area. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The area to be developed is currently vacant. ,. I \, 3.2 The surrounding land uses are as follows: North: CN Railway South: One dwelling on a rural residential lot and Lake Ontario East: West End of Wilmot Creek Community West: the above referenced lot and Bennett Road 4.0 PROVINCIAL POLICY STATEMENT CONFORMITY 4.1 The proposed development is within an urban area and abutting a fully seNiced settlement area is, in short, a land use efficiency, consistent with the policy statement. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the proposal area as Living Area and the applications conform. 5.2 The Clarington Official Plan designates all of the property as Waterfront Greenway within an urban area. The predominant use of land is for recreation, tourism uses, conseNation and agricultural uses. The proposed use does not conform, hence this application. The lands east of the subject property are Urban Residential within Special Policy Area B. The Special Policy Area recognizes the private leasehold community catering to seniors or retired REPORT NO.: PSD-014-06 Page 4 ( residents. The Clarington Official Plan identifies the property along the edge of Lake Ontario as Regulatory Shoreline. Policies of the Waterfront Greenway designation require new development to provide public access to the waterfront, protect natural and cultural heritage resources and ensure land use compatibility. 6.0 ZONING BY-LAW COMPLIANCE 6.1 The property is zoned "Agricultural (A)". The proposal for approximately 66 additional detached dwellings does not conform, hence, this rezoning application. 7.0 7.1 AGENCY COMMENTS The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Rogers Cable and Clarington Emergency and Fire Services have no objections. Other comments received to date are as follows. 7.2 Having reviewed the Traffic Impact Study, the Ministry of Transportation has no objections. ( . 7.3 Bell Canada and Enbridge Gas have no objections subject to the conditions of site plan approval. 7.4 Clarington Engineering Services advised they have no concerns regarding the . proposal. The existing municipal roadways are rural and not urban and the absence of storm sewers combined with no. upgrading plans in the foreseeable future led the Department to request that no approval be provided at this time. 7.5 C.N Rail is satisfied with the Noise Feasibility Study, as revised, and an agreement between C.N. Rail and Ridge Pine Park Inc. is being executed at this time. 7.6 Regional Planning has determined that the proposed residential development is situated within the "Living Area" designation. The remainder of the site is within the 'Waterfront - Major Open Space" designation. A Noise Study regarding the C.N. Railway line is required, has been submitted, and has been found to contain appropriate noise control rneasures including necessary warning clauses to inform future owners. An archaeological assessment is required. Shoreline and erosion control measures are to be addressed to the satisfaction of the Conservation Authority and the Municipality. Water supply and sanitary sewer service is available as internal services privately maintained by Ridge Pine Park Inc. The applicant will be responsible for any external upgrades required to provide adequate servicing for their proposed expansion. This application is considered to have no significant Regional or Provincial concerns and therefore, is exempt from Regional approval. REPORT NO.: PSD-014-06 Page 5 c 7.7 Central Lake Ontario Conservation is generally satisfied with Terraprobe's original report as augmented by Terraprobe's supplemental report and has no objections regarding slope stability setbacks. The remaining concerns for drainage into the ravine and potential erosion will have to be addressed in the design ofthe storm water system. 8.0 STAFF COMMENTS 8.1 Wilmot Creek Community is almost entirely built out. Phases 1 to 6, together with the proposed westerly expansion (Phase 7) of Wilmot Creek Community, will generate fewer total dwelling units (944) than was originally envisioned for the Community through the Clarington Official Plan and its dwelling unit maximum of 960 units. 8.2 The proposed 66 single detached dwellings is consistent with the housing form in the majority of the development, 916 dwelling units being single detached, and the remaining small number of dwelling units being either similar low density - 12 semi-detached, or medium density - 16 townhouses. 8.3 Waterfront access and open space are imperatives of Council and the proposed Waterfront District Park will meet these requirements for this part of the lakeshore. Ridge Pine Park Inc. will construct a portion of the waterfront trail from Bennett Road to connect with the South Service Road providing for a missing link in the trail system. The Waterfront Trail's improvement and integration, other critical objectives of Council, are being secured in the Waterfront Park lands being acquired by the Municipality. 8.4 An emergency access route to the development will be constructed by Ridge Pine Park over the municipal park area along the railway corridor. It will be used, if necessary, by emergency response vehicles to access the Wilmot Creek Adult lifestyle Community or by residents in the event of an evacuation. The primary access route remains along Wilmot Creek Drive. 8.5 Clarington Engineering Services identified concerns with the proposal as a result of the rural standards of the existing municipal road infrastructure in the area. Expansion to the retirement community will mean additional residents, additional traffic and additional pressure for the Municipality to urbanize Wilmot Creek Drive and Bennett Road from the development to Highway 2. 8.6 The storm water management pond to service these lands is located within the park. The storm water management pond is to be designed to a high amenity standard, including considerable landscaping, to the satisfaction of the Director of Engineering Services. When the precise area of the pond has been determined through the final design, the applicant will reimburse the Municipality for the portion of the purchase price REPORT NO.: PSD-014-06 Page 6 ( , 8.7 8.8 8.9 9.0 9.1 associated with the lands for the storm water pond and the parkland dedication requirement. The development is setback from Lake Ontario to accommodate the Regulatory Shoreline and erosion allowance. The proposed setback for the regulatory shoreline, as described in the Geotechnical Investigation and Slope Stability Analysis Report, and Addendum, is acceptable to both the Conservation Authority and the Municipality and in this way addresses the presence of the regulatory shoreline area. Staff is satisfied that for the purposes of the Clarington Official Plan Amendment and the Zoning By-law Amendment the proposal has been sufficiently finalized to proceed with approval. Details, such as final storm water management design, that remain to be completed can be dealt with through site plan approval. The use of the Holding Symbol on the Residential Zone in conjunction with the Site Plan Approval process will ensure all municipal requirements are satisfied. The Finance Department advises that the taxes for the subject property have been paid in full. CONCLUSION The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official. Plan and Zoning By-law 84-63. In consideration of the comments contained in this report, staff respectfully recommends the adoption of the Official Plan Amendment 48 as contained in Attachment 2, and the rezoning by-law as contained in Attachment 3. Attachments: Attachment 1 - Site Location Key Map and Site Plan Attachment 2 - Proposed Amendment No. 48 to the Clarington Official Plan Attachment 3 - Zoning By-law Amendment Interested parties to be notified of Council's decision: Mr. Ufton Mr. Bruce Hadji Linda Gasser Ridge Pine Park Inc. Sernas Associates Clarington Industrial Services Inc. Mark and Kisbee Barristers and Solicitors Bernie Hirseland, McGraw Hill Construction Jim Reinger Attachment #1 To Report # PSD-114-06 ,,: l I I. 01: ~I ~I ~I m : I : I I I S1REE1 0 ~. ...-...-'. ~ .,,~' ~ ... - - .. .. \ \ - .. ... ... '.. ... - ... S1REE1 C c '.. - .. - .. ... '" .. ... 0- f' ... "' "' ... I!' .. :91... .. '" " ... .. ... >- ... I ~ '.. .. ... C ;t .. .. '. I ~ . ... ;; . .. .. ,- . . ~I ... '.. '- ~ "", (: \ --,,' J " \-- \ \ ~ \ I . r \ " ---- ) \ "- -" ~ -- LAKE ONTARIO Newcastle Key Map ~~f>.'< V.\G/", ;' COPA 2005-007 Clarington Official Plan Amendment ZBA 2005-030 Zoning By-law Amendment o 1'i '" 6 z z "' '" flJJ.L'Il"''t' D Lands Subject to Application [ ] Wilmot Creek Retirement Community Expansion Area Owner: Ridge Pine Park lAKC ONTARIO t Attachment 2 To Report PSD-014-06 AMENDMENT NO. 48 TO THE ClARINGTON OFFICIAL PLAN PURPOSE: The Amendment implements the following land use changes: . The Urban Residential area and Special Policy Area B coinciding with the Wilmot Creek Adult Lifestyle Community is expanded onto lands to the west thereof and south of the CNR in order to permit the expansion of the Wilmot Creek Community, . A District Park symbol is to be placed on the area of a future Municipal Waterfront Park. BASIS: The Amendment is based on an application submitted by Ridge Pine Park Inc., the owners of Wilmot Creek Adult Lifestyle Community. LOCATION: The Amendment applies to approximately 14 hectares (34 acres) in Part lot 4, Broken .Front Concession, Former Township of Darlington, east of Bennett Road, south of the CN Railway and west of the existing Wilmot Creek Community. The Phase 7 or westward expansion of Wilmot Creek Community applies to an area approximately 6 hectares (15 acres) in the east half of the above property. The balance of the property in the west half is to remain Waterfront Greenway but it will have a District Park symbol. I "\ ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A 1 (Darlington) land Use as shown on Exhibit "A": IMPLEMENTATION: The prOVIsions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. Attachment 2 To Report PSD-014-Ga EXHIBIT "An AMENDMENT No. 48 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A 1 (DARLINGTON), LAND USE, DARLINGTON RURAL AREA LOT 5 LOT 4 LOT 3 LOT 2 <:) <( o a:: HIGHWAY 401 <:) a:: ;2 u a:: Add District Park Symbol Redesignate To Urban Residential Revise Boundary Of Special Policy Area "B" Anacnmem .j To Report PSD-014-06 i, t' CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 2005-030; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality Df Clarington enacts as follows: 1, Section 13.4 "SPECIAL EXCEPTION - URAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exception 13.4.42 as follows: "13.4.42 URBAN RESIDENTIAL EXCEPTION (R2-42) ZONE" For the purposes of establishing density, the total number of dwelling units in the R2-16, R4-20 and R2-42 zones shall not exceed 960 mobile home/singie detached dwellings. A) PERMITTED USES Only single detached dwellings are permitted. B) REGULATIONS FOR PERMITTED USED Each single detached dwelling shall be located on a single land-leased parcel. For the purposes of this exception zone, the following specific regulations shall apply as if the land-leased parcels are 'lots: a) Site Area (minimum) 400 square metres b) Site Coverage (maximum) 45% c) Landscape Open Space (minimum) 30% d} Gross Floor Area (minimum) 80 square metres e) Yard Requiremenls (minimum) i) Front and Exterior Side Yards 4.5 metres to dwelling and 1.0 metres to garage or carport ii) Rear Yard 7.5 metres iii) Side Yard that abuts a Residential Zone 1.5 metres iv) Side Yard that abuts a Non-Residential Zone 3.0 metres f) Building Height (maximum) 10.0 metres g) For the purposes of this By-law a carport shall mean a roofed enclosure which may be attached or detached to a single detached dwelling, used for the storage or parking of a motor vehicle and has at least 40% of its total perimeter open and unobstructed. 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R2-42) Zone" and "Environmental Protection (EP) Zone" as illustrated on the attached Schedule "A" hereto. c 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof,. subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this dayof 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mullon, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2006- passed this day of .2006 A.D. , ( \ -' ..r'---- 1---- \ ) \ \ " \.. - " ," , c , [" ! i ....., "\ '-' LAKE ONTARIO John Mutton, Mayor ~ '" Ei z z ... .. Wilmot Creek , '" ONTARIO ~ ... --- ~}1 Zoning Change From "A" To "(H)R2-42" Zoning Change From RA- To REp. Zoning To Remain "EP" Potti L Barrie, t.1unicipol Clerk , NATIONAL RAll'!t'Y II II II lAKE ONTARIO Attachment 7 To Report PSD-121-07 CI!JlmglOn REPORT PLANNiNG SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION MEETING Tuesday May 23, 2006 Report #: PSD-063-06 FileNo's: PLN 15.12&PLN26.13 By-law #: 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: 1. 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, fanner Township of Darlington and second for Lots 33, 34, 35, Concession 1 fonner 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: O~-::;-t~ , ~~r a I J. Cro e, M.C.I.P., R.P.P. Director of.Planning Services T' ~. ~' ~.. .~ C;~"""'" A. S. Ca' ella, C.E.T. Director of Engineering Services Franklin Wu, Chief Administrative Officer FL*DC*sh*df May 16, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 686 REPORT NO.: PSD-063-06 PAGE 2 1.0 BACKGROUND 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-Q63-06 ~~ -J ~ .....(1) o C: E (1) =Ul $:(1) c::: CU(1) :::J .... E2 CUCU cnz ....:-:.1-:.. .......1.... ......./:... .... . ){1: .:~: ....../.... .., .. ... . ... " ... " :':-:':1-::' ::::::f.:::: ........... ::::::1':::: ::::::1:::' ....... ....... ...~. . :':-f.':-' ""r'" C") .... cO N Z ....I D.. "C c: lIS N .... &ri .... ~ o ... ~ :s: J: ~ J: ~ o ::2 >> ..e Q) CC~ O.Q.... OIllW '- III "OQ)C) >>0<( :::C151- Eucn o....~ ~cc "Oeo Q) u.. .... 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(1) c::: ~ rn ~ Attachment 2 To Report PSD-063-06 THE MUNICIPAlllY 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 oflots 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 2006 BY-LAW read a second time this 291h day of May 2006 BY -LAW read a third time and finally passed this 291h day of May 2006 John Mutton, Mayor Patti l. Barrie, Municipal Clerk 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 2006 May BY-LAW read a second time this 29th day of 2006 May BY-LAW read a third time and finally passed this 29th day of May 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Attachment 3 To Report PSD-063-06 . 'f:'" .... .. ........ "." :.:.:./" :.' .... .. ........ .". .:::;:::.::::" ....../.... ....... .,.. ... "0 .::::;:i::' :.:.:.:,..:.: ............ ... 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