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HomeMy WebLinkAbout94-40 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 94- 40 being a By-law to adopt Amendment Number 57 to the Official Plan of the former Town of Newcastle WHEREAS Section 17(6) of the Planning Act. R.S.O. 1990 as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or the repeal of Official Plan Amendments thereto. WH EREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Official Plan of the former Town of Newcastle to incorporate strategic policy direction for the future of Clarington's waterfront. The policies address a number of issues related to the waterfront, in particular, public access, the protection of natural and cultural heritage values, active and passive recreational opportunities and the Waterfront Trail and Greenway. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment Number 57 to the Official Plan of the former Town of Newcastle being the attached Explanatory Text is hereby adopted. 2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to make application to the Minister of Municipal, Affairs for approval of the aforementioned Amendment Number 57 to the Official Plan of the former Municipality of Clarington. 3. This by-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this 28th day of March BY-LAW read a second time this 28th day of March BY-LAW read a third time and finally passed this 28th day of March 1994. 1994. 1994. #/;~ 6iJ4 ~YOR ..... , //'" . / /C . .' Q'lAUdLERK This amendment was adopted by the Council of the Corporation of the Municipality of Clarington by By-law No. 94-40 in accordance with the provisions of Sections 17 and 21 of the Planning Act, 5.0. 1983, as amended, on the 28th day of March 1994. l/d~b~ MAYOR ~ ~ ,'c.- - 7~ f,LE CORPORATE SEAL OF MUNICIPALITY AMENDMENT NO. 57 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE PURPOSE: The Municipality of Clarington Waterfront Study is an integral component of the Municipality's Official Plan Review. The Waterfront Study was initiated to provide a long term plan for the enhancement and preservation of the Lake Ontario WaterfrC?nt in Clarington. The purpose of this Amendment is to incorporate policies of a strategic nature for the Waterfront into the Official Plan of the former Town of Newcastle. More detailed policies for the Waterfront, including land use designations, will be provided through Council's adoption of a new Official Plan for the Municipality of Clarington. LOCATION: The lands subject to this Amendment are located on the north shore of Lake Ontario south of Provincial Highway 401, between the municipal boundaries with the City of Oshawa and the Township of Hope. BASIS: The Royal Commission on the Future of the Toronto Waterfront, and more recently the Waterfront Regeneration Trust, articulated nine principles for the development of the Lake Ontario Waterfront, specifically that the waterfront should be 'clean, green, connected, open, accessible, useable, diverse,affordable and attractive'. The 'Recommended Land Use Strategy' Report, prepared as part of the Waterfront Study, presented a long-term strategic plan for the Lake Ontario Waterfront which was consistent with these nine principles. ACTUAL AMENDMENT: The Official Plan of the former Town of Newcastle is hereby amended as follows: 1. By adding a new Section 2.3 as follows: 112.3 WATERFRONT 2.3.1 GOALS 2.3.1.1 To protect, manage and enhance the Lake Ontario Waterfront was a vital public resource for the benefit of current and future residents of the Municipality and the Region. 1 2.3.1.2 2.3.2 2.3.2.1 2.3.2.2 2.3.2.3 2.3.3 2.3.3.1 2.3.3.2 2.3.3.3 To ensure that the Waterfront is clean, green ,connected, open, accessible, useable, diverse, affordable, and attractive. OBJECTIVES To establish a Greenway along the Waterfront of Lake Ontario. To establish a walking and cycling trail within the Waterfront Greenway to facilitate public access to and travel along the Waterfront. To minimize property damage and hazards to residents due to erosion, flooding and wave action. POLICIES The Waterfront Greenway shall be comprised of a system of parks and green spaces linked by open space corridors. The Waterfront Greenway shall, wherever possible, be directly adjacent to the Lake Ontario Shoreline. It shall have a minimum width of 30 metres, or shall include the Lake Ontario Shoreline Flooding and Erosion Setback, as defined by the relevant Conservation Authority plus 1 0 metres, whichever is greater. It is Council's policy to provide for the protection and enhancement of significant cultural heritage features and environmentally sensitive lands along the Waterfront, including but not limited to archeological sites, buildings of architectural or historical significance, wetlands, unstable slopes, areas of sediment erosion and accretion, Areas of Natural and Scientific Interest, and fisheries and wildlife habitat. The predominant use of land within the Waterfront Greenway shall include passive and active recreation uses, compatible tourism uses, conversation and agricultural uses. Any new development along the Waterfront must ensure preservation of the waterfront for the public, protect natural features and their ecological functions, protect cultural heritage features, and ensure land use compatibility. New development within the Waterfront Greenway shall also facilitate physical and visual access to the waterfront for all members of the public, including the physically challenged. 2 2.3.3.4 2.3.3.5 2.3.3.6 2.3.3.7 2.3.3.8 2.3.3.9 It is Council's intent to establish a continuous Waterfront Trail for walking and cycling purposes generally within the Waterfront Greenway. The Waterfront Trail shall connect, wherever possible, to other trails, corridors and natural areas within the Municipality and adjacent municipalities. The Waterfront Trail shall be appropriately located and constructed so. as to avoid adverse impacts to environmentally sensitive lands, and to avoid erosion-sensitive bluff areas or other natural hazard areas. Appropriate buffering between the trail and adjacent non-compatible land uses shall be provided. It is the policy of Council to promote Darlington Provincial Park, Port Darlington and the Port of Newcastle as tourism nodes which may include commercial uses which support or complement recreational uses on the waterfront. The nodes shall be developed in accordance with the following principles: . integration with the Waterfront Greenway and trail system . provision of physical and visual access to the waterfront . protection of natural features and environmentally significant areas . compatibility with existing and future residential areas Council supports the establishment of a new Conservation Area at the mouth of the Wilmot Creek and will investigate its feasibility in co-operation with the conservation authority and relevant provincial agencies. The creation of additional waterfront land through lakefilling, or the placement of permanent structures in Lake Ontario, shall be generally discouraged. However, erosion control works with limited lakefilling or projects that would provide tourism benefits may be considered subject to appropriate studies satisfactory to relevant Federal and Provincial agencies. New development and the creation of new lots for any purpose other than public recreation uses shall be prohibited on all lands within the Lake Ontario Shoreline Flooding and Erosion Setback Zone as defined by the relevant Conservation Authority. Existing residential uses within the defined Lake Ontario Shoreline Flooding and Erosion Setback Zone shall be allowed to continue subject to the following conditions: a) no expansion or enlargement of the existing foundation footprint, including accessory structures; b) no conversion of any existing seasonal dwelling into a year round dwelling; 3 2.3.4 2.3.4.1 2.3.4.2 2.3.4.3 2.3.4.4 2.3.4.5 c} once a dwelling is destroyed or demolished by whatever reason and reconstruction is not commenced with twelve months, the existing residential use is deemed to cease. IMPLEMENTATION Council shall endeavour to implement the Waterfront Trail and Greenway in phases having regard to development opportunities' and the financial capability of the Municipality. Council shall adopted a public land acquisition program for the Waterfront, establish priorities for acquisition and investigate sources of funding, including the possibility of including the cost in the Municipality's Ten Year Capital Works Program for development charge purposes. In the comprehensive review of the Municipality's Official Plan, land use policies shall be adopted to address future land use designations of: a} Port Granby Waste Management Facility b} Bond Head c} Wilmot Creek Retirement Community d} Port Darlington Area e} Cove Road and Cedarcrest Beach Residential Areas f} St. Marys Cement g} Darlington Nuclear Generating Station Council shall review m\3asures for the long-term protection of individual' features of natural heritage significance on private lands within the Waterfront Greenway that may be threatened or damaged by development activities. Proposals to create or reclaim additional waterfront land or other permanent structures through lakefilling must demonstrate, through appropriate studies satisfactory to the Municipality and relevant federal and provincial agencies, that such activity will contribute to the healthy functioning of coastal and biological processes, and provide public benefits including: a} improvements to water quality; b} the creation, maintenance or enhancement of aquatic and terrestrial habitat; 4 . . c) minimal disruption to normal coastal processes; d) opportunities for additional public open space or year round water- related recreation; e) public and private works that achieve other public benefits for the residents of Clarington. INTERPRETATION: The provisions set forth in the Official Plan of the former Town of Newcastle, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 5