HomeMy WebLinkAboutPD-072-00 Addendum 2
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DN: PD072-1JO
UNFINISBIID BUSINESS
THE CORPORATION OF THE MUNICI ALITY OF CLARINGTON
,
,
REPORT
Meeting:
Council
File #
Date:
Monday, October 16, 2000
Res. #
Report #:
Addendum No.2 to PD-072-00 File #: PLN 22.3 By-law #
Subject:
LAND ACQUISITION STRATEGY ATERFRONT
PUBLIC INFORMATION MEETlN
FILE: PLN 22.3
Recommendations:
It is respectfully recommended to Council the followin :
I. THAT Report PD-072-00 be received for info ation; and
2. THAT all interested parties listed in this r ort and any delegation be advised of
Council's decision.
1. BACKGROUND
On July 10, 2000 Clarington Council approved th Land Acquisition Strategy with a number
of resolutions for changes. Council also passed resolution that "the Lakefront Acquisition
portion of the report be referred back to staff fo public information meetings and to seek
input from the public and report back by the end f September, 2000".
2. COMMENTS
Based on Council's direction on July 10, 2000 public information meeting was held on
September 6, 2000 at Clarington Town Ha to consider the revised section 2.4.2
"Waterfront District Park/Waterfront Greenwa " of the Land Acquisition Strategy (the
revised Section 2.4.2 is Attachment I).
3. REVISIONS
As directed by Council, the following changes a reflected in Section 2.4.2:
I. All references to "expropriation" are re oved from the report (Resolution # C-429-
00).
,
< ADDENDUM NO.2 TO REPORT PD-072-00 PAGE 2
,
2. All references to "time frames" are deleted. Resolution # C-43 1-00).
3. All references to "first right of refusal" are d leted. (Resolution # C-432-00).
4. All references to "damage centre" and "det, rioration of properties" are deleted from
the Section and replaced with "regulatory sh reline area" (Resolution # C-433-00).
4. PUBLIC INFORMATION MEETING
The public information meeting was held on Sep ember 6, 2000 at Clarington Town Hall
from 6:00 p.m, to 9:00 p,m. A total of 53 residen s attended the meeting. Two form letters
were submitted, signed by forty-three (43) hous eholds mainly from the Lakefront area,
Also, three separate comment sheets from East Beach residents were submitted at the
meeting. A letter was received from a resident in Newcastle Village in support of the land
acquisition thrust. Comments from the public r leeting together with staff response are
summarized in the following table:
Respondent Comments Staff Response
I
Form Letter Delete words expropriation, first right f Done
I - Beach refusal, time frames, dilapidated from
Residents strategy, change damage centre to
Regulatory Shoreline Area.
Suggest staff obtain two separate Current practice works. Seller and
appraisals and owner obtain two purchaser obtain separate
appraisals, appraisal. If there is disagreement
a third one is obtained,
Delete all references to flood and erosi In. This iffact. Findings ofCLOCA's
report
Continue with the practice of voluntaf) Done
land acquisition.
Delete all references to priorities. By removing time frames this is
done. However, all waterfront
land is a priority relative to non-
waterfront land.
, ADDENDUM NO.2 TO REPORT PD-072-00 PAGE 3
,
Respondent Comments Staff Response
Involve residents in park design. In Agree. These issues will be
particular, concems for parking in addressed at the time the park is
residential areas, making roads accessi Ie, designed.
providing safety routes in case of
emergencies, ensuring water drinkable
and the sewage disposal safe; and
providing for passive and active
recreational use.
Form Letter Delete Bowmanville Waterfront Distri t Disagree. Residents of
2 - Beach Park/Waterfront Greenway from land Bowmanville deserve a waterfront
Residents acquisition strategy. park and this is the centre of
Clarington's growth.
Treat waterfront district parks and They serve different functions.
greenways as one unit.
Delegate staff to review alllakefront All properties are being evaluated
properties and establish plans for most along these lines. However, there
I feasible, economical, available and are other criteria such as
serviceable areas for parks and recreational assets, location to
greenways. population and connection to
trails.
Previous studies have become outdate( Plan review is a regular part of the
and any plans need to be reviewed planning process.
regularly.
Continue with the practice of voluntaI') Done
acquisition.
Exclude names and land description fr m This is not public information.
database oflands identified for
acquisition.
Anthony West and north of West Beach are lan( s Municipality's agreement with
Williams that can be turned into parks. Why are Blue Circle has resulted in 110
these not being used? acres being acquired by
Municipality and transferred to
CLOC for nature conservation
area.
East of East Beach fields ofland are Some of these lands will be
available. dedicated to the Municipality
through the development process.
A second District Park is planned
at the foot of Lambs Road.
-- --
, ADDENDUM NO, 2 TO REPORT PD-072-00 PAGE 4
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Respondent Comments Staff Response
Why are we focussing on East and We t The Municipality has been
Beach Roads instead of Cove Road, Cl dar acquiring lands in this area for
Crest Beach, and the vacant lands east Df many years. These lands are
East Beach? designated District Park and
Waterfront Greenway in the
Official Plan.
Appraisals will not consider the "milli< n Appraisals are based on fair I
I
dollar view". market value.
May be no potential to get sewer syste n According to Durham Region
on East Beach if we want the lands for a there are no plans to extend sewer
district park. at this time. Sanitary sewers are
not economically feasible due to
location ofWPC plant.
Ifwe can't afford to develop the lands We need to acquire lands in order
I why are we buying them? to qualify for grants and to budget
for parks. This is a long-term plan.
Ifwe are implementing provincial poli y The Province has indicated that
we should ask the province to provide monies are not available for land
funds so that properties can be purchas ed purchase.
for more than appraised value.
Cheryl & Why haven't we developed lands that \Ie We do not have enough land
Stephen already own on the waterfront or consolidated in a single parcel as
Seal maintained/improved existing parkette. yet for a major park development.
East Beach Parkette is maintained
to current standards as a parkette
for East Beach residents.
Suggest an agreement with Port This can be investigated once the
Darlington owners to run a boardwalk main park is secured.
along the channel.
Is the Municipality deliberately not The existing roads are maintained
providing paved roads and sewers to tl: e in their current status. Improved
area so that property values will decre se roads would be required for new
and the Town can buy the lands? development. Sanitary sewers are
not economically feasible due to
location ofWPC plant.
What if we don't acquire all identified We will keep trying.
lands within the next 20 years?
. ADDENDUM NO.2 TO REPORT PD-072-00 PAGES
Respondent Comments Staff Response
Why is the Cove Road area not being The lands around the Bowmanville
targeted as well? Creek have greater recreational
assets and the Municipality has
been working to acquire these
lands for many years.
Why are homes permitted on the north Area on the south side is
side of East Beach Road and south sidl to physically on the waterfront and
be tom down? suited for park purposes. This area !
is also within the Regulatory
Shoreline Area.
How would the Town compensate those At fair market value.
that feel forced to sell?
East Beach residents have built retaini g They presumably did this for their
walls to stop erosion. What makes the own protection. A park area is not
Municipality feel it could do better? as critical as a residence, but
erosion protection would still be
required.
East of East Beach are vacant lands on the See above.
waterfront.
Kathy & Why are we destroying an existing The Municipality has had a long-
James community while making provisions 1) r term goal to acquire these
Bradford new housing to the north? properties and has been pursuing
this over the years. The lands
along the lakeshore are designated
District Park. The new housing
developments to the north are not
within the regulatory flood line
area.
Their property is being devalued and Blue Circle agreement and
those not impacted are increasing in va lue. expropriation of Cove Road has
likely affected those properties
positively.
Robert The explosion in population increases he This may be true but the greatest
Davidson need for waterfront parkland. The par need is for Bowmanville and
area in Newcastle will prove to be Courtice with a future population
inadequate. of65,000 and 45,000 respectively.
Acquire additional land in Modest steps proposed now.
NewcastleIBond Head by relocating
Boulton Street to the north and acquiri Ig
all lands between Mill Street and Park
Street.
ADDENDUM NO.2 TO REPORT PD-072-00
PAGE 6
Respondent Comments
Acquire properties as soon as practical
before values increase.
Accommodate current owners through ~
lease back arrangement for an agreed
period oftime.
Greater access to the waterfront will pr ve
to be a great asset to the community.
Staff Response
Agree
Agree. This is an excellent
suggestion.
Agree.
In addition to the above comments, residents hav~ expressed a willingness to work with
Council and Staff to meet the public needs.
5. CONCLUSION
Based on comments received from the public inf( rmation meeting and Staff responses as
outlined above, no further changes are recomm nded to the revised Land Acquisition
Strategy. It is important to note that the land iden!' tied for acquisition in the Lakefront area
are designated District Park and Waterfront Greenw~ys in the Official Plan.
A number of initiatives such as the Waterfront Trnl and Samuel Wilmot Nature Area are
currently underway to make natural areas acc ssible to all residents living in this
Municipality. With the closing of the agreements with Blue Circle, the Municipality has
received and transferred 110 acres to CLOC f01 management and enhancement of the
Westside and Bowmanville Marshes. A managerr ent strategy will be developed in 200l.
However, despite the Municipality's progress in gn dually acquiring lakefront lands, there is
still very limited access to the water's edge and no r ajor park for more active use.
Land acquisition is a difficult and emotional issue since cottage development occurred on
some of the prime waterfront sites. In the interes s of all existing and future residents in
Clarington, it is important for the Municipality to continue to build on past initiatives to
acquire a suitable land base for waterfront parklan~. At the same time, existing residents
must be treated in a fair and equitable manner.
ADDENDUM NO.2 TO REPORT PD-072-00
PAGE 7
The recommendations of the strategy for the wate ont are simply that District Park and
Waterfront Greenway lands be a priority for acq isition and that Staff be authorized to
approach the owners with the view of purchasi g from the owners who wish to sell.
Variations such as lease-back arrangements and op ions agreements could be explored on a
case by case basis.
Section 2.4.2 of the Land Acquisition Report has been revised to incorporate the
modifications adopted by Council at its July 10,20 meeting.
Respectfully submitted, Reviewed by,
C) ~ a~~
Da' . Crome, M.C.I.P., R.P.P.
Director of PI arming and Development
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
BN*DJC*sn
October 10, 2000
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
-Revised Section 2.4.2 and
- Form Letter 1
- Form Letter 2
- Comment Sheet from Anth ny Williams
- Comment Sheet from Che I and Stephen Seal
- Comment Sheet from Kath and James Bradford
- Letter from Robert Davidso
ATTACHMENT 1
A Land Acquisition Strategy
Page 5
2.4.2 Waterfront District Park/Waterfront Greenway
(i) Bowmanville
The Clarington Waterfront Study iden ified the lands in the vlclmty of Port
Darlington as a priority for acquisition fo municipal park purposes. The lands are
strategically located on a barrier beach Ivhich separates the Bowmanville Marsh
from Lake Ontario. In addition to the lalMs owned by the Port Darlington Harbour
Company (4.8 ha), there are 18 properties totaling 1.28 ha on a private road (see
Map 4). Also, there are 21 properties totlling 2.86 ha in the East Beach area which
are located in the floodplain of the Bowm anville Creek.
There have been a number of land trans ers, renovations and new homes built in
this area. With the completion of the POT Darlington Secondary Planning Study, a
number of landowners pl3lU1ing to sell their lands approached the Municipality
with a view to selling to the Municipality
The Official Plan and the Port Darlingto Secondary Plan identify the West Beach
Area and portions of the East Beach Area as a future District Park to serve area
residents in the Municipality. To date the Municipality's efforts have largely
focussed on securing lands in the West Beach area. Other lands are required to
enable the Municipality to have public access to the waterfront.
The West Beach lands are located within the floodplain of the Bowmanville Creek
and are identified as being within tl e "Regulatory Shoreline Area" in the
Municipality of Clarington Official Plan. The Lake Ontario Shoreline
Management Study commissioned by CLOCA in 1990 stated that this area is at
risk from flooding of the river as well s from flooding due to wave activity on
Lake Ontario. The recommended long erm solution is the public acquisition of
these lands (Map 2). The current prac ice of acquisition of these lands as they
become available will continue.
Recommendations:
1. That the lands identified for purchase for the Waterfront District
Park/Waterfront Greenway b a priority for acquisition when they
become available.
2. That staff be authorized to approach the owners of lands required for
the Waterfront District ParktWaterfront Greenway with the view of
purchasing these properties shu uld the owners wish to sell.
Revised October 10, 2000 Planning & Development Department
A Land Acquisition Strategy
Page 6
ii) Courtice
Within the Courtice Waterfront area la ds are required for the Courtice South
District Park and the Waterfront Greenw y (see Map 5). The waterfront greenway
in Courtice will be acquired through de ication, however, the lands for the park
would have to be purchased (see Map 1).
The future Courtice South District Park i designated in the Official Plan and staff
propose that it be located in Part Lots 2' and 30, Broken Front Concession. The
total size ofthe park will be approximately 27.05 hectares in area. It is envisioned
that the park will include the Waterfront rail and will act as a passive recreational
waterfront park.
Most of the lands are currently used for fi frming although Power Broadcasting own
lands with several communication towers The remainder of their lands are vacant.
It is not the intention that the propose park lands would remove any of the
communication towers from the Power /3roadcasting land holdings. In addition,
the Region of Durham have advised thf't they will be purchasing a residential
parcel in order to eliminate the land use conflict with the water pollution control
plant which will be built on the east side, f Courtice Road.
The subject lands are designated Wa erfront Greenway and Environmental
Protection (Tooley Creek and valley) in t e Official Plan.
The lands are zoned Agricultural (A) an~ Environmental Protection (EP) in By-
law 84-63. Tooley Creek and valley an the Lake Ontario Waterfront are zoned
EP.
The Region of Durham will be initiatin~ their site design process of the water
pollution control plant in the year 2000. The Region anticipates construction of
the water pollution control plant to beg'n in 2003 with project completion in a
couple years.
Recommendations:
1. That the lands identified for urchase for the Waterfront District
Park/Waterfront Greenway be a priority for acquisition when they
become available.
2. That staff be authorized to app oach the owners of lands required for
the Waterfront District Park!VI aterfront Greenway with the view of
purchasing these properties sho Id the owners wish to sell.
Revised October 10, 2000 Planning & Development Department
A Land Acquisition Strategy
Page 7
3. That in conjunction with the R 19ional acquisition of land for Courtice
WPCP, staff be authorized to secure the shoreline portion for the
waterfront trail.
iii) Newcastle Village
The acquisition of lands for the Samuel Wilmot Nature Area was a major
undertaking by the Municipality to ensur the protection of the ecological integrity
of the natural environment while providi"g for recreational uses and enjoyment of
its natural and visual resources on the wa erfront area of Newcastle.
With the exception of the small strip of land for the District ParkIW aterfront
Greenway in Newcastle Village (Map 7), through the port of Newcastle
development, much of the lands have a ready been secured (Map 3). Over time
these will come into public ownershi and be developed for park purposes.
Additional lands in Bond Head should be acquired over time as required.
To ensure that the lands required for the Wate front District ParklWaterfront Greenway
are transferred to the Municipality the following recommendations are made:
Recommendations:
1. That the lands identified for purchase for the Waterfront District
Park/Waterfront Greenway b a priority for acquisition when they
become available.
2. That staff be authorized to approach the owners of lands required for
the Waterfront District Park/Waterfront Greenway with the view of
purchasing these properties shuuld the owners wish to seU.
Revised October 10, 2000 Planning & Development Department
MAP 1: COURTICE URBAN AREA
Proposed land Acquisitions
!lll Dedicate/Donate
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Land Acquisition Strategy
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ATTACHMENT 2
-
BEACH RESIDENTS
Th"FORMATION RE LAND ACQUISmON STRATEGY
I) Regarding council meeting on July 10, 2000 Deletion of words-expropriation, first
right ofrefusal, time frames, dilapidated, change damage area to Regulatory Shore
Line. Was strongly agreed upon.
2) Land prices page 3 (2.2) market appraised value: Suggestion-staff obtain 2 opinions
of appraisal from 2 independent real estate agents, seller to do likewise (if
municipality is requested to obtain one from qualified appraiser). Rationale-
municipality is more competitive; seller is more fairly compensated. This works in
most estate and divorce dealing with the vending ofland
3) Delete all references to Flood and Erosion.
Rational CLOCA has policies regulations and agreements.
4) Suggestions-remain with volunteer land acquisition (Residents are aware of
municipality's land interest)
5) Waterfront District Park- delete all references to priorities.
Rationale-this would allow staff to look at the Waterfront as a whole. Consideration,
given to location regarding municipal owned propenies, and the Waterfront TraiL
There may me other areas that would be more suitable, accessible, useable, available,
and feasible. .'
SUGGESTIONS REGARDING WATERFRONT PARK
Residents and l'ublic have input on the following:
I )Adequate parkirig - i.e. please no parking lots in residential areas or on waterfront
2)Roads - accessible for increased usage
3 )Safety - in the event of an emergency"::' are there various routes of access and
exiting
4)Health - water, is it drinkable?, sewer- regarding waste disposal
5)Usage - passive - in terms of picnics, swimming, family outings
Active - in terms of soccer, baseball, etc. Tourism
COMMENTS
Beach Residents are willing to work with council and staff to meet the public needs. We
want to continue to live with the public, industry, and commercial sectors present. Private
citizens are responsible for our clean beaches, viable marshes and return of wildlife such
as amphibians, birds, rabbits, turtles, etc.
SIGN,
NAME
ADDRESS
PHONE #
FORM LETTER 1
NAME ADDRESS
John MacDonald 67 West Beach
Alvarina DeLemos 9 East Beach Road
Stephen and Cheryl Seal 72 East Beach Road
Rod and Melanie McArthur 73 Park Street, Newcastle
S.G. Wedlock 4 Park Street, Newcastle
Kevin Taylor 110 East Beach
Scott Lumley 157 Port Darlington Road
Maria DeLemos 9 East Beach Road
Pat Pingle and Greg Dubroy 54 West Beach Road
Margaret Duncan 27 Boulton Street, Newcastle
D. I. Cronk 3618 Lakeshore Road, Newcastle
Anne McFadden 35 Boulton Street, Newcastle
Sally Ward 3681 Lakeshore Road, Bond Head
Linda MacGregor 40 Boulton Street, Newcastle
Ann Bolton 66 West Beach Road
Joe M. Dasilva 23 West Beach Road
D. Millburn 24 West Beach Road
Tracy Duetla 11 Bolton Street, R.R.#8, Newcastle
John and Doreen Wallace 52 West Beach Road
Aston & Joanne Cover 43 West Beach Road
Jim and Kathy Bradford 73 East Beach Road
ATTACHMENT 3
BEACH RESIDENTS
RE Revised Land Acauisition Strategy
We recommend that section 2,4.2 (i) BowmanviUe. Waterfront district park/Waterfront lZreenwav be
deleted from the Land Acquisition Strategy,
Our Recommendations for land acquisition
2.4.2 Waterfront District Park/Greenway ofClarington Lakefront.
I) Waterfront district parks and greenways will be treated as one unit. The municipality has
identified the need of waterfront lands for municipal park purposes. The municipality of
Clarington is unique in that we have three communities (Courtice, Bowmanville, Newcastle)
situated on the shores of Lake Ontario,
2) Staffwill be delegated to look at all properties on the Clarington Lakefront and establish plans for
the most feasible, economical, available and servi"eable areas for waterfront district parks and
greenway,
3) Plans will be reviewed on a regular basis, as many of the previous studies have become outdated
Notification of plans and related changes will be available for public viewing. Public meetings
will be encouraged when plans are being revised The lakefront is a commodity that needs input
from all sectors; public, private, business, industry, CLOCA, and the Municipality of Clarington,
Lakefront properties will be identified as Regulatory Shore Line Area as in the Municipality of
Clarington's official plan.
4) In the past, landowners planning to seU have approached tbe municipality with the view to selling
to the municipality. This has been beneficial and effective for both panies as the municipality has
a flexible closing date, no conditions, and guaranteed financing. The practice of volunteer
acquisition of waterfront lands as they become available will continue. Landowners will be
encouraged to obtain their own personal appraisal anU/or letters of opinion from Real Estate
Agents regarding lands they wish to sell. Property markets fluctuate and appraisals are only valid
on the day obtained.
5) Private landowners and land descriptions will not be included in the municipal database of lands
identified for acquisition. The respect of rights of privacy and security will be given at all times to
the Clarington residents.
If in agreement, please provide:
Name:
Pbone #
Address:
Signature:
Further Suggestions:
,
......................................................................................
ACTIONS REQUIRED BY YOU
I) Attend Meeting on Wednesday September 06, 6-9 PM in council chambers
2) Please deliver this recommendation list signed to 52 OR 54 West Beach Road by Sept. 03/2000
......................................................................................
FORM LETTER 2
NAME ADDRESS
Christine Scott 107 Cove Road
Stephen & Cheryl Seal 72 East Beach Road
Roy and Joanne Cover 43 West Beach Road
A. and A. Saunders 44 West Beach
Paul Potter 216 West Beach Road
Joe DaSilva 23 West Beach Road
Anne McFadden 35 Boulton Street, Newcastle
John Roxborough P.O. Box 135, Stn. Main, 133 Cove Road,
Bowmanville
Linda Grieco 51 West Beach Road
Frank Grieco 50 West Beach Road
Ann Charmaine Dunn 56 West Beach Road
R.S. Jones 145 Cove Road
Gail Gratton 81 Cedar Crest Beach Road, Bowmanville
Robert and Linda Baird 131 Cedar Crest Beach Road, Bowmanville
Bill and Mary Henderson P.O. Box 85, Bowmanville
E. and D. Dryer 2938 South Service Road, Bowmanville
Brenda Lee Devine 105 Cedar Crest Beach Road, Bowmanville
Jeff Johnston 122 West Beach Road
Bruce Quick 69 Cedar Crest Beach
C. Kilpatrick 160 Port Darlington Road
FORM LETTER 2
NAME ADDRESS
Pat Pingle 54 West Beach Road
Zac Dawson
P.Lake
John and Doreen Wallace 52 West Beach Road
Ann Bolton and 66 West Beach Road, Bowmanville
Ed Brookings
Roger J. Newman 48 West Beach
Maria De Lemos 9 East Beach Road
Alvarina DeLemos 9 East Beach Road
Nicola Nixon 2736 South Service Road
Don Wilkinson 2728 South Service Road
K. Kroon South Service Road
ATTACHMENT 4
LAKEFRONT ACQUISITION STRATEGY COMMENTS
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ATTACHMENT 5
LAKEFRONT ACQUISITION STRATEGY COMMENTS
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ATTACHMENT 6
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LAKEFRONT ACQUISITION STRATEGY COMMENTS
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ATTACHMENT 7
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MUNICIPAU fV Of CLAI1/NGTON
PLANNINC iJEPARTMENT
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