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Home My WebLink AboutPSD-070-03 . ',""'" Clwiggton REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-070-03 'Y)tj DEV 80-003 (CLOSED) C ffl-'d-7C)-D3 By-Iaw#: ~D3-OtI Monday June 16, 2003 File#: Subject: RIDGE PINE PARK INC. WILMOT CREEK COMMUNITY PHASES 1 TO 5 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-070-03 be received; 2. THAT the Mayor and Clerk be authorized on behalf of the Municipality to execute an Amending Agreement between Ridge Pine Park Inc. and the Municipality of Clarington which includes amongst other things a revised site plan drawing for Phases 1 to 5, and provisions addressing the unopened road allowance, between Darlington and Clarke Townships that connect the South Service Road to Cobbledick Road; 3. THAT the by-law attached to Report PSD-070-03 be approved by Council; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D id . Crome, M,C.I.P., R.P.P. Director of Planning Services Reviewed by: (] ~-::. W~ Franklin Wu, Chief Administrative Officer BR*L T*DJC*sn May 27, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 . 621 ,cd " REPORT NO.: PSD-070-o3 PAGE 2 1.0 BACKGROUND 1,1 As a result of the Development Charges appeal by Ridge Pine Park Inc. (Ridge Pine) several years ago, a number of issues were identified within the earlier phases of the development where Ridge Pine was not in compliance with the approved Development Agreement. Staff and Ridge Pine Park Inc" have been working towards the completion of an Amending Agreement to the November 2, 1981 Agreement between the Town of Newcastle and Ridge Pine Park Inc, that established the Wilmot Creek Community, 2.0 AMENDING AGREEMENT 2.1 The proposed Amending Agreement addresses five (5) main issues, in addition to the preparation of a revised site plan drawing that reflects the "as built" aspects of the Wilmot Creek Community - Phases 1 to 5, as follows: . Development charges · The unopened road allowance between Darlington and Clarke Townships . The Waterfront Trail · The Environmental protection areas along the lakeshore, and . Architectural control standards 2.1.1 Development Charoes The Amending Agreement references the new development charges arising from the Minutes of Settlement in the Decision and Order of the Ontario Municipal Board dated May 9, 2001 under Number 0732 (OMB No. DC99021). 2,1.2 Unopened Road Allowance The original agreemeot provided for only one access to the site over the bridge of the westerly side of the site. Two emergency accesses were also provided at the centre and east sides of the site. The central emergency access made us of the unopened road allowance between Darlington and Clarke Township, Over the years it has been used by the residents as an access route to Cobbledick Road via the South Service Road, Ridge Pine has requested, in writing through the Engineering Services Department, that this portion of the unopened road allowance be formally opened. Ridge Pine has agreed to reconstruct this portion of the road allowance to municipal 622 , REPORT NO.: PSD-07o-03 PAGE 3 standards to the satisfaction of the Director of Engineering Services, The Amending Agreement contains provisions that address the treatment and maintenance of this portion of the road allowance, The Engineering Services Department will be reporting to Council pursuant to the requirement of the Municipal Act to formally open this portion of the road allowance. 2.1.3 Waterfront Trail The location of the Waterfront Trail in relation to the Wilmot Creek Community will be shown on the revised site plan that is to be incorporated in the Amending Agreement. Furthermore, a provision has been included in the Amending Agreement acknowledging that Ridge Pine Park Inc. agrees to include in all future transfers and/or leases, notice to the transferee and/or lessee that the Waterfront Trail, for the use of the general public, will be built and operated near the lands that are the subject of the transfer or lease and that the transferee or lessee will not object to the establishment and/or use of the trail. 2,1.4 Environmental Protection Areas Through this Amending Agreement, staff has incorporated provisions which identify lands within the park that are environmentally sensitive, Currently two (2) tributaries that cut through the park in a north-south direction and run contiguous with the Lake Ontario Shoreline are not recognized in either the Official Plan or Zoning By-law (See Attachment 1), These lands will be included in an Environmental Protection Zone category when the Municipality's Zoning By-law is updated. Ridge Pine Park Inc, has agreed, through the Amending Agreement, to prohibit all development (including accessory buildings and structures) from all portions of lands that will be zoned Environmental Protection. In addition, all development will be prohibited within five (5) metres of the Environmental Protection Zone. This requirement is consistent with the provisions of the Clarington Official Plan, 623 REPORT NO.: PSD-070-03 PAGE 4 2.1.5 Architectural Control Standards The Amending Agreement incorporates architectural control standards that would be applicable to all vacant sites within Phases 1 to 5 or to any redevelopment of the occupied sites. The number of vacant sites in Phases 1 to 5 is fifty (50). The standards are consistent with the Architectural Control Guidelines that were approved by Council in May 2002, 2,2 A revised site plan drawing has been prepared incorporating changes that have been made over the years and addressing the second access. Ridge Pine also currently has a site plan application for a new storage area within the hydro right-of-way which staff will be dealing with shortly, 3.0 CONCLUSION 3.1 It is respectfully recommended that the Mayor and Clerk be authorized by by-law to execute an Amending Site Plan Agreement between Ridge Pine Park Inc. and the Municipality reflecting the comments contained in this report. Attachments: Attachment 1 - Environmental Protection Zoning for the Two Tributaries and Access to Wilmot Creek Community Attachment 2 - Authorizing By-law List of interested parties to be advised of Council's decision: David W, Rice Rice Development Company Limited 17 Dean Street BRAMPTON, Ontario L6W 1 M7 624 ~ HWY 401 ----- ..-.... H.E.P,C. . K T o !!i!!!!!:. R I E o N . ~ltoO ~ WILMOT CREEK The Adult Lakeside Community _ 1:2110O ......-------..----....-------.----- 0"- r-v Ul EASTERLY ACCESS . - !Y6l Umll.of_tJter.ol< (Pho.. ,-~) .....ltof_c..- (Ph_6) laIda'-'_ byRPPIIr-om Hydn> an. -...l'l\IlIiIJ1.""'*'IfO'..".....Ima..lOCOwn> EtI_m..t..protKI""'.... . - C<Ionm",,__ ~- ...._Loco\Ton R.-7Marct.2003 )> '--l '--l )> 'e) :J: I!!: 'm z --l ~ ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2003- being a by-law to authorize the entering into of an Amending Agreement to the November 2,1981 Agreement between the Town of Newcastle and Ridge Pine Park Inc. and any Mortgagee who has an interest in the said lands and the Municipality of Clarington in respect of the development of Phases 1 to 5 of the Wilmot Creek Community, WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to further amend the November 2,1981 Agreement, as amended, for DEV 80-003; 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, an Amending Agreement between Ridge Pine Park Inc. and the Municipality respecting development of Phases 1 to 5 inclusive, within the Wilmot Creek Community and certain other matters. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L, Barrie, Municipal Clerk 626