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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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)
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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
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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
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. LAKE ONTARIO
_ZONING CHANGE FROM
II R2-16" TO "(H)R4-20"
CLARKE
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Mayor
Clerk
Attachment 6
To Report PSD..121-07
.
Cli1rilJgwn
REPORT
PLANNING SERVICES
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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.
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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
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,
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
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LAKE ONTARIO
Newcastle Key Map
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COPA 2005-007
Clarington Official Plan Amendment
ZBA 2005-030
Zoning By-law Amendment
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D Lands Subject to Application
[ ] Wilmot Creek Retirement Community
Expansion Area
Owner: Ridge Pine Park
lAKC ONTARIO
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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.
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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
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HIGHWAY
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Add District
Park Symbol
Redesignate To
Urban Residential
Revise Boundary Of
Special Policy Area "B"
Anacnmem .j
To Report PSD-014-06
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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.
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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.
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John Mutton, Mayor
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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
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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~ ,
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a I J. Cro e, M.C.I.P., R.P.P.
Director of.Planning Services
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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
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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
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