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Home My WebLink AboutWD-2-91 UNFINISHED BUSINESS TOWN OF NEWCASTLE REPORT File Res. # f By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE IAI E: . JANUARY 7, 1990 REPORT #: WD-2-91 FILE #: C- 01. 33. 01 SLRJECT: REQUEST TO CLOSE AND CONVEY THE UNOPENED ROAD ALLOWANCE BETWEEN THE FORMER CLARKE AND DARLINGTON TOWNSHIPS IN BROKEN FRONT CONCESSION - RIDGE PINE PARK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-2-91 be received; 2 . THAT the request by Ridge Pine Park to close and convey the unopened road allowance between the former Clarke and Darlington Townships in the Broken Front Concession, be denied; and 3 . THAT Mr. Roger Howard, Ridge Pine Park, be advised of Council's decision. ------------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. l: Key Map No.2 : Correspondence dated November 19, 1990, from Roger Howard, M.C. I.P. , Ridge Pine Park Inc . . . .2 REPORT NO. : WD-2-91 PAGE 2 2.0 BACKGROUND 2 . 1 In his letter dated November 19, 1990 (Attachment No.2) , Roger Howard provides some background information with regard to the development agreement between Ridge Pine Park and the Town. Ridge Pine Park's position is that it has always been the intent that the Darlington/Clarke Townline in the Broken Front Concession be closed and conveyed to Ridge Pine Park. 2 .2 The road allowance between Lots 2 and 3, Broken Front Concession, was closed by By-law 84-54 (Part 25, 1OR-1330) . The road allowance between Lots 34 and 35, Concession 1, was closed by By- law 84-55 (Part 21, 10R-1330) . Both road allowances were conveyed to Ridge Pine Park. 2 . 3 Ridge Pine Park applied for closure and conveyance of the Darlington/Clarke Boundary in 1983 . The application was circulated to various agencies and abutting landowners (Attachment No. l) . The abutting property owner, Professor Lovekin, objected to the proposed closure and Council passed Resolution #C-464-85 on September 9, 1985. "THAT the Rice Group be advised that the Town is not prepared to consider Closure and Conveyance of Part 22, Plan 1OR-1330 being the road allowance on the former Clarke/Darlington Townline in the Wilmot Creek Mobile Home Park until such time as the abutting property owner to the east indicates concurrence with same; and THAT the deposit cheque in the amount of $250 . 00 provided to the Town by the Rice Group be returned to them. " i . . . 3 I REPORT NO. : WD-2-91 PAGE 3 2 .4 Recently Ridge Pine Park acquired lands previously owned by Professor Lovekin (Attachment No. l) and Professor Lovekin has written a letter to the Town stating that he has no objection to the proposed closure. 2 .5 On November 20, 1989, Ridge Pine Park re-submitted an application for closure of the road allowance. Circulation is complete and no objections were received. An appraisal has been completed and the Market Value determined is $308,000 . 2 . 6 Any by-law to close and convey a road allowance leading to waterfront must be approved by the Ministry of Municipal Affairs . 3 .0 REVIEW AND COMMENT 3 . 1 The Royal Commission on the Future of the Toronto Waterfront "A Green Strategy for the Greater Toronto Waterfront, Background Paper 1990" , deals with accesses to shoreline lands. Two of the issues discussed in the Paper are directly related to Wilmot Creek. i) Creating Links to Overcome Barriers and ii) Specific Issues and Opportunities in Waterfront Municipalities . The Paper states that in other municipalities such as Oakville, Etobicoke and Scarborough, there is a loss of public waterfront development. It says, in the majority of cases, i these residential neighbourhoods are stable and will not soon offer opportunities for developing new waterfront links . It further states that Wilmot Creek retirement community in Newcastle, residential development was permitted relatively recently, without provision for shoreline access . One of the possible waterfront opportunities and solutions listed in the Paper specific to Newcastle is "Develop a trail link through Wilmot Creek retirement community" . . . .4 i I REPORT NO. : WD-2-91 PAGE 4 3.2 The Town of Newcastle is currently undertaking a Waterfront Study. Although the Waterfront Study does not include Wilmot Creek, it has become apparent that closing road allowances leading to shoreline properties is not in the best interest of the municipality. 3 . 3 In view of the above, it is recommended that the application by Ridge Pine Park to close and convey the unopened road allowance between the former Clarke and Darlington Townships in the Broken Front Concession, be denied. Respectfully submitted, Recommended for presentation to the Committee, --------------- Walter A. Evans, P.Eng. , Lawrence Kotseff, Director of Public Works Chief A istrative Officer JCO*WAE*llv December 13, 1990 Mr. Roger Howard, M.C. I .P. Ridge Pine Park P. 0. Box 60, Group 1 R.R. #1 Newcastle, Ontario LOA 1HO I I I I I PART 1 , I O R -3536 ( ROAD ALLOWANCE BETWEEN DARLINGTON AND CLARKE TOWNSHIPS ) DARLINGTON CLARKE LOT I LOT 35 CON . B. F. CON . I SUBJECT LANDS FORMERLY OWNED BY PROFESSOR LOVEKIN. r IL -' LAKE ONTARIO a Z O M O m Y ,, INN U � WI J CON. B.F. 11 CON. I _ DRAWN J .M. DATE : NOV. 1990 SUBJECT SITE A T TACIE EDT NO, 1 KEY MAP WD-2-91 U '; November 19, 1990 -; Mr. W. A. Evans, P. Eng . Director of Public Works The Corporation of the Town of Newcastle 40 Temperence Street Bowmanville, Ontario L1C 3A6 Dear Mr . Evans: Re: Application for Closure of Road Allowance Between Former Townships of Clarke and Darlington Part 1, Plan 1OR-3536 Ridge Pine Park Inc . Further to our meeting of November 12, 1990, and in order to aid you in the finalization of your report on this matter, we enclose copies of the following documents: 1. The Development Agreement between Ridge Pine Park Inc . and the Municipality dated November 2, 1981; and 2. An amending agreement to the 1981 agreement between Ridge Pine Park and the Municipality dated April 5, 1984 incorporating a revised site plan schedule. With reference to the 1981 agreement, we would draw your attention to paragraph 8 - "Dedication of Road Allowances" , wherein the words "The Municipality shall. . .close the road allowances" have purpose- fully been placed , indicating clear intent, understanding and agreement by both parties that the allowances would be closed . We also draw your attention to the attached copy of Schedule "C" of the Agreement, which by its approval and inclusion in the Agreement clearly indicates the Municipality 's acknowledgement of a layout and design that necessitates closure of these road allowances in order for the development to function in a good and proper manner . As you are aware, the concept of Wilmot Creek envisioned a single community, focused around central recreational and social facilities that tied that community together . All parties involved in the planning , design and execution of Wilmot Creek were aware of this philosophy, that in effect dictated that Wilmot Creek be designed as though the road allowances did not ATTACI-IIHEJT A,2 WD-2-31 RICE CONSTRUCTION CO., LIMITED 17 Dean st., Brampton, Ont. L6W 1 M7 Tel.:(416)451.0443 Fax.:(416)451.0116 I Mr . W. A. Evans, P . Eng . November 19, 1990 Page 2 exist, and clearly there was no need for them to exist. Should there have been contemplation that the road allowances remain in the ownership of the Town and be opened for public use, there is no doubt from a planning perspective that the generation of a vastly different plan would have been required . - As noted, we have also enclosed for your review a copy of the 1984 amending agreement which substitutes a revised site plan for the Schedule "C" site plan referred to above, and which reflects the layout in existence today on site. We would note that the approval of this updated plan further solidifies and strengthens the position of the closure of the road allowances and illustrates that there was no intention by any party to maintain these allowances as public access routes to the lakefront. We would respectfully suggest that we have performed all activities in conformity with the applicable Development Agreement and site plan schedule . In accordance with the intent and obligation of the Development Agreement, we have applied for the closure of the remaining unopened road allowance that will allow completion of the development in this area as originally envisioned . We trust that with the attached information the appropriate report can be prepared for the consideration of Council recommending closure of the allowance . Yours truly, RIDGE PINE PARK INC. Roger Howard, M.C.I .P . RH/sa Encls . cc : Mr . Lawrence E. Kotseff, Chief Administrative Officer Mr . Franklin Wu, Director of Planning C i I