HomeMy WebLinkAbout97-143 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 97-143
Being a By-law to authorize the execution of a
Memorandum of Understanding between the
Corporation of the Municipality of Clarington and
Geraldine Cornish, Edward Leaver and George Leaver
pertaining to Referral #1 to the Official Plan
of the Municipality of Clarington.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY 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 Corporate Seal, a Memorandum of
Understanding between the Corporation of the Municipality of
Clarington and Geraldine Cornish, Edward Leaver and George
Lever pertaining to Referral #1 to the Official Plan of the
Municipality of Clarington.
2 . THAT this Memorandum of Understanding attached hereto as
Schedule "A" form part of this By-law.
i
I
By-law read a first and second time this 23rd day of June, 1997 .
i
By-law read a third time and finally passed this 23rd day of
June, 1997 .
Mayor
y Cl
s .
ti
THIS MEMORANDUM OF UNDERSTANDING made as of this 11th day of
June, 1997.
BETWEEN:
The Corporation of the Municipality of
Clarington
("Municipality")
OF THE FIRST PART
Geraldine Cornish, Edward Leaver and George
Leaver
("Referents")
OF THE SECOND PART
WITNESSETH THAT:
A. By letter dated December 13, 1995 addressed to Ms. Diana Macri, Secretary and
Chief Administrative Officer, Ontario Municipal Board, from Mr. A.L. Georgieff,
Commissioner of Planning for the Regional Municipality of Durham ('Region") the
provisions which are the subject of Referral No. 1 of the Official Plan for the Municipality
of Clarington ("Clarington Official Plan") were referred to the Ontario Municipal Board
pursuant to section 17(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended to the date
of the Region's letter.
B. The Referents are the owners of the lands now in the Municipality of Clarington
which are more particularly described as comprising Part Lot 14, Concession 3, former
Township of Darlington (the "Lands").
-2-
C. Referral No. 1 comprises the following provisions of the Clarington Official Plan:
"1. Those lands shown as Referral No. 1 on Maps A3 and Cl in
the attached "Office Consolidation".
2. The population figure for Neighbourhood Planning Unit No. 10
- "Northglen" as shown on Map E2 in the attached "Office
consolidation."
3. The "Population Target for Bowmanville" and "Total
Population" as set out in Table 5-1.
4. The Low and Medium Residential Area Housing Unit targets
for the Northglen Urban Area Neighbourhood and Bowmanville
urban area and the corresponding totals, as set out in Table 9-
2."
D. Edward Cornish, whose correct name is Eric Cornish, does not have any interest in
the lands and has not requested a reference of any provision of the Clarington Official Plan.
Edward Cornish is erroneously shown as one of the referents in respect of Referral No. 1
in the Notice of Pre-Hearing Conference held on June 5, 1997.
E. The Municipality and the Referents have agreed that Referral No. 1 should be settled
on the terms set out below,
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
1. The Municipality and the Referents will request the Ontario Municipal Board to
modify the provisions of the Clarington Official Plan which comprise Referral No. 1
in accordance with proposed Modification No. 168 contained in Schedule "A"
attached hereto, and as so modified to approve the aforesaid provisions of the
Clarington Official Plan.
t •
-3-
2. The Referents acknowledge the existing natural features of the Lands which include
the Lake Iroquois Beach formation and the remaining portion of the woodlot. The
Referents agree that they will not undertake nor will they permit any person to
undertake any further destruction of the woodlot except in accordance with the
Municipality's Woodlot Preservation By-law No. 97-35 as it may be amended or
replaced from time to time.
3. The referents acknowledge that an Environmental Impact Study is required to be
prepared in accordance with Section 4.3.8 and Section 4.5 of the Clarington Official
Plan for development applications respecting the Lands.
4. The Referents also acknowledge that a Neighbourhood Design Plan of lands
including the Lands is required under Section 9.5.2 of the Clarington Official Plan
before a plan of subdivision of the Lands will be considered or approved. If the
"Environmental Protection Area" designation of the lands is deleted from Map A3
of the Clarington Official Plan in accordance with proposed Modification No. 168,the
Referents further acknowledge that the portions of the public infrastructure including
the collector roads, public elementary school and park may be located within the
Lands if so determined in the Neighbourhood Design Plan.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals
the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND ) THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
DELIVERED
Mayor
Cler eputy
)
)
t,
-4-
r ) '
Geraldine Cornish
}
Edward T-e r
)
} George Leaver Of
SCHEDULE "N'
MODIFICATION # 168
TO THE CLARINGTON OFFICIAL PLAN
Referral #1
Geraldine Cornish, Edward Cornish, Edward Leaver and George Leaver
1. That Table 5-1 be modified so that the "Population Target for Bowmanville" be
revised to 60,000 and that the total population for Clarington be revised to
130,600.
2. That Table 9-2 be modified by revising the following:
For Northglen Neighbourhood
• Low Density Housing target from 11825" to 11975"
• Total Housing target from 1175" to 1325"
For Bowmanville
• Low Density Housing target from 12975" to 13125
• Total Housing target from "22250" to "22400"
so that the appropriate lines in Table 9-2 reads as follows:
Table 9-2
Housing Tartem by Neighbourhoods
Housing Units
Urban Area
Neighbourhoods Ruidendal Ares Central Arew latensifi- Torn!
cation
Low Medivar 11i Medium H
Nld NorthFien 975 150 0 100 50 50 1325
TOTAL 13 125 3 300 S7$ im 2075 1500 22400
3. That Map A3 be modified as shown on Exhibit No. 1.
4. That Map C1 be modified as shown on Exhibit No. 2.
5. That Map E2 be modified to increase the population figure for Neighbourhood Planning
Unit No. 10 - "Northglen" from "3300"to 3750" as shown on Exhibit No. 3.
EXHIS T 'A"
PROPOSED MODIFICATION No. 168 TO THE MUNICIPALITY OF CL,ARINGTON
OFFICIAL PLAN, MAP' A3, LAND USE, SOWMAMALLE URBAN AREA
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EXHIBIT
PROPOSED MODIFICATION No. 168 TO THE MUNICIPALITY OF CLARINGTON
OMCIAL PLAN, MAP Cl NATURAL FF.ATURES ! LAND CHARACTERISnCS
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EXHIBIT "C"
PROPOSED MODIMCATION No. 168 TO THE MUNICIPAUTY OF CLARINGTON
OFFICIAL PLAN, MAP E2/ NEIGHBOURHOOD PLANNING UNITS, SOWMAWLLE
CHANCE POPULATION
FROM 03300" 10
TO '3750" 1 NOW� )
r :00 m
CONCESSION ROAD 3
l� 9
K W
1 � �
1 � ELG1N 6
4000) APPLE SL
� 20000) (4800
12 1
N
NN 8Y
GNgdNO?ON
1
2 14 I
VKRLj 1
� 13 1
4 � ME t�ktlAL I
f �OJ 1
1
ROAD
3TG0
1 _
1 L4XE' ONTAR/O
----�, MAP 22
NWX&WW=PaAMNO t�G
® *TdAN1PQ=39NW AM
0MCUL PLAN
MUNiCIPAUTY OF CLARWN=QN
mcGmajitN000"""*v APRIL fS, 1997
„ (1000) POPULATION REFER t0 SEVIONS 5 AND 9
s
THIS MEMORANDUM OF UNDERSTANDING made as of this 11th day of
June, 1997.
BETWEEN:
The Corporation of the Municipality of
Clarington
("Municipality")
OF THE FIRST PART
Geraldine Cornish, Edward Leaver and George
Leaver
("Referents")
OF THE SECOND PART
WITNESSETH THAT:
A. By letter dated December 13, 1996 addressed to Ms. Diana Macri, Secretary and
Chief Administrative Officer, Ontario Municipal Board, from Mr. A.L. Georgieff,
Commissioner of Planning for the Regional Municipality of Durham ("Region") the
provisions which are the subject of Referral No. 1 of the Official Plan for the Municipality
of Clarington ("Clarington Official Plan") were referred to the Ontario Municipal Board
pursuant to section 17(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended to the date
of the Region's letter.
B. The Referents are the owners of the lands now in the Municipality of Clarington
which are more particularly described as comprising Part Lot 14, Concession 3, former
Township of Darlington (the "Lands").
9�
-2-
C. Referral No. 1 comprises the following provisions of the Clarington Official Plan:
"1. Those lands shown as Referral No. 1 on Maps A3 and Cl in
the attached "Office Consolidation".
2. The population figure for Neighbourhood Planning Unit No. 10
- "Northglen" as shown on Map E2 in the attached "Office
consolidation."
3. The "Population Target for Bowmanville" and "Total
Population" as set out in Table 5-1.
4. The Low and Medium Residential Area Housing Unit targets
for the Northglen Urban Area Neighbourhood and Bowmanville
urban area and the corresponding totals, as set out in Table 9-
2.11
D. Edward Cornish, whose correct name is Eric Cornish, does not have any interest in
the lands and has not requested a reference of any provision of the Clarington Official Plan.
Edward Cornish is erroneously shown as one of the referents in respect of Referral No. 1
in the Notice of Pre-Hearing Conference held on June 5, 1997.
E. The Municipality and the Referents have agreed that Referral No. 1 should be settled
on the terms set out below,
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
1. The Municipality and the Referents will request the Ontario Municipal Board to
modify the provisions of the Clarington Official Plan which comprise Referral No. 1
in accordance with proposed Modification No. 168 contained in Schedule "A"
attached hereto, and as so modified to approve the aforesaid provisions of the
Clarington Official Plan.
-3-
2. The Referents acknowledge the existing natural features of the Lands which include
the Lake Iroquois Beach formation and the remaining portion of the woodlot. The
Referents agree that they will not undertake nor will they permit any person to
undertake any further destruction of the woodlot except in accordance with the
Municipality's Woodlot Preservation By-law No. 97-35 as it may be amended or
replaced from time to time.
3. The referents acknowledge that an Environmental Impact Study is required to be
prepared in accordance with Section 4.3.8 and Section 4.5 of the Clarington Official
Plan for development applications respecting the Lands.
4. The Referents also acknowledge that a Neighbourhood Design Plan of lands
including the Lands is required under Section 9.5.2 of the Clarington Official Plan
before a plan of subdivision of the Lands will be considered or approved. If the
"Environmental Protection Area" designation of the lands is deleted from Map A3
of the Clarington Official Plan in accordance with proposed Modification No. 168, the
Referents further acknowledge that the portions of the public infrastructure including
the collector roads, public elementary school and park may be located within the
Lands if so determined in the Neighbourhood Design Plan.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals
the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND ) THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
DELIVERED )
Mayor
)
Clerk eputy)
-4-
Geraldine Cornish
t
}
Edward Leaver
George Leaver
}
SCHEDULE 'W
MODIFICATION # 168
TO THE CLARINGTON OFFICIAL PLAN
Referral #1
Geraldine Cornish, Edward Cornish, Edward Leaver and George Leaver
1. That Table 5-1 be modified so that the "Population Target for Bowmanville" be
revised to 60,000 and that the total population for Clarington be revised to
130,600.
2. That Table 9-2 be modified by revising the following:
For Northglen Neighbourhood
• Low Density Housing target from "825" to "975"
• Total Housing target from 1175" to "1325"
For Bowmanville
• Low Density Housing target from "12975" to "13125
• Total Housing target from "22250" to "22400"
so that the appropriate lines in Table 9-2 reads as follows:
Table 9-2
Housing TarVts by Neighbourhoods
Housing Units
Urban Area
�C1�1b0UibO0d5 Residential Areas ��Aron lntan cation
Tnta!
Low Medium iii Medium H'
N30 Noa en 975 ISO 0 100 50 50 1325
TOTAL 13 125 3 300 S7S 1225 2075 1500 224M
3. That Map A3 be modified as shown on Exhibit No. 1.
4. That Map C1 be modified as shown on Exhibit No. 2.
5. That Map E2 be modified to increase the population figure for Neighbourhood Planning
Unit No. 10 - "Northgien" from "3300"to 3750" as shown on Exhibit No. 3.
EXHIBIT 'A"
PROPOSED MODIFICATION No. 168 TO THE MUNICIPAUTY OF CLARINGTON
f
OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVIl,.LE URBAN AREA
Cf V'V- GE FROM 4 NVIRiJ•�Y11/1GYi11{. i 1
PRO-MC16k.AREA'. T.7 f
URBAN RESiDfi1�AL".... f ""•. �'� i
/ fYnfij t
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EXHIBIT "Bft
PROPOSED MODIFICATION No. 168 TO THE MUNICIPALITY OF CLARINGTON
OFFICIAL — FF-ATURES f , CHARACTERISTICS
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EXHIBIT "C"
PROPOSED MODIFICATION No. 168 TO THE MUNICIPAUTY OF CLARINGTON
OFFICIAL PLAN, MAP E2► NEIGHBOURHOOD PLANNING UNITS, SOWMANNILLE
d
CHANGE UTATiON 10 1
TO 3754' 1 NO
:70 m
1� 9
N
Q
d y
(BROOKN 4000) APPLE SL
5200) t� MW
t
w4 Y
Qiit 40 -
z� 14
` 1MAKRLIr f
1 (4200>
a
� 4 tJE QItlAL
Z )
oRr
+tarn
I �1
(3260)
I
� L4KE ONTAR/O
MAP 22
MmummouRmoco PLANdme
DOWNANVLLA lUPAA 1 mm
0MCUL PLAN
MUNICIPALITY Of CLARINGTON
MCCHO0URNWO 80UNDrW APRIL 13. 1907
»-�6• (1000) poftusat RE"N TO SEC?IO►M S AND 9
w
THIS MEMORANDUM OF UNDERSTANDING made as of this 11th day of
June, 1997.
BETWEEN:
The Corporation of the Municipality of
Clarington
("Municipality")
OF THE FIRST PART
Geraldine Cornish, Edward Leaver and George
Leaver
("Referents")
OF THE SECOND PART
WITNESSETH THAT:
A. By letter dated December 13, 1996 addressed to Ms. Diana Macri, Secretary and
Chief Administrative Officer, Ontario Municipal Board, from Mr. A.L. Georgieff,
Commissioner of Planning for the Regional Municipality of Durham ("Region") the
provisions which are the subject of Referral No. 1 of the Official Plan for the Municipality
of Clarington ("Clarington Official Plan") were referred to the Ontario Municipal Board
pursuant to section 17(24) of the Planning Act, R.S.O. 1990, c.P.13, as amended to the date
of the Region's letter.
B. The Referents are the owners of the lands now in the Municipality of Clarington
which are more particularly described as comprising Part Lot 14, Concession 3, former
Township of Darlington (the "Lands").
r t
-2-
C. Referral No. 1 comprises the following provisions of the Clarington Official Plan:
"1. Those lands shown as Referral No. 1 on Maps A3 and C1 in
the attached "Office Consolidation".
2. The population figure for Neighbourhood Planning Unit No. 10
- "Northglen" as shown on Map E2 in the attached "Office
consolidation."
3. The "Population Target for Bowmanville" and "Total
Population" as set out in Table 5-1.
4. The Low and Medium Residential Area Housing Unit targets
for the Northglen Urban Area Neighbourhood and Bowmanville
urban area and the corresponding totals, as set out in Table 9-
2."
D. Edward Cornish, whose correct name is Eric Cornish, does not have any interest in
the lands and has not requested a reference of any provision of the Clarington Official Plan.
Edward Cornish is erroneously shown as one of the referents in respect of Referral No. 1
in the Notice of Pre-Hearing Conference held on June 5, 1997.
E. The Municipality and the Referents have agreed that Referral No. 1 should be settled
on the terms set out below,
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
1. The Municipality and the Referents will request the Ontario Municipal Board to
modify the provisions of the Clarington Official Plan which comprise Referral No. 1
in accordance with proposed Modification No. 168 contained in Schedule "A"
attached hereto, and as so modified to approve the aforesaid provisions of the
Clarington Official Plan.
i
-3-
2. The Referents acknowledge the existing natural features of the Lands which include
the Lake Iroquois Beach formation and the remaining portion of the woodlot. The
Referents agree that they will not undertake nor will they permit any person to
undertake any further destruction of the woodlot except in accordance with the
Municipality's Woodlot Preservation By-law No. 97-35 as it may be amended or
replaced from time to time.
3. The referents acknowledge that an Environmental Impact Study is required to be
prepared in accordance with Section 4.3.8 and Section 4.5 of the Clarington Official
Plan for development applications respecting the Lands.
4. The Referents also acknowledge that a Neighbourhood Design Plan of lands
including the Lands is required under Section 9.5.2 of the Clarington Official Plan
before a plan of subdivision of the Lands will be considered or approved. If the
"Environmental Protection Area" designation of the lands is deleted from Map A3
of the Clarington Official Plan in accordance with proposed Modification No. 168, the
Referents further acknowledge that the portions of the public infrastructure including
the collector roads, public elementary school and park may be located within the
Lands if so determined in the Neighbourhood Design Plan.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals
the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND ) THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
DELIVERED }
ayor
} Cler Puty
• J
-4-
s,
) r
)
Geraldi ish
Edward Leaver
A,,41 It
} George b6aver
}
SCHEDULE "A"
MODIFICATION # 168
TO THE CLARINGTON OFFICIAL PLAN
Referral #1
Geraldine Cornish, Edward Cornish, Edward Leaver and George Leaver
1. That Table 5-1 be modified so that the "Population Target for Bowmanville" be
revised to 60,000 and that the total population for Clarington be revised to
130,600.
2. That Table 9-2 be modified by revising the following:
For Northglen Neighbourhood
• Low Density Housing target from "825" to "975"
• Total Housing target from 1175" to "1325
For Bowmanville
• Low Density Housing target from "12975" to "13125
• Total Housing target from "22250" to "22400"
so that the appropriate lines in Table 9-2 reads as follows:
Table 9-2
Housing Tatecls by Neigh bourhoods
Housinz'Units
Urban Area
NeiglbourboodS �.ts�dtAdat Ares Ccnval Area latensn Tarr!
cation
Low Medium
Ilia Medium High
N10 NoTerjan 975 ISO 0 100 50 50 1325
TOTAL 13 125 3 300 876 1225 2075 1500 2200
3. That Map A3 be modified as shown on Exhibit No. 1.
4. That Map C1 be modified as shown on Exhibit No. 2.
5. That Map E2 be modified to increase the population figure for Neighbourhood Planning
Unit No. 10 - "Northglen" from "3300" to n375011 as shown on Exhibit No. 3.
EXHIBIT `A" -,
PROPOSED MODIFICATION No. 168 TO THE MUNICIPAUTY OF CLARINGTON M
OFFICIAL PLAN, MAP A3, LAND USE, 80WMANVILLE URBAN AREA
i
` FROM
"E:t�IYlRO�V#AEI�A
CHANGE
d PROTECT14N AREA TO ,
"URBAN RESi't�Et�tTlAt,., c
PCIAL
,..
3 /
ow - '• � � •�� ,rte'- �
\ +]
_ ►rr
I
ANO
M X11:
its
EXHIBIT "C"
PROPOSED MODIFICATION No. 168 TO THE MUNICIPALITY OF CLARINGTON
OFFICIAL- PLAN, MAP E2► NEIGHBOURHOOD PLANNING UNITS, BOWMAWILLE
CHANGE POPULATION
FROM 3300 0
TO "3750" NORI 4
='CESSION ROQ 3
i n
K9 W 8
1 � �
N
Q'
f � FI.GfM � y 8
r�RppXM' X 4000) APP(.0 MOM
5 t
i n
4 :0t-XS,1Q4 MEET
I� 1 K G SY. (2�) � � 1
i CE7�tIRN.AfiF,A � SSv -
ONRLlNOTON (3700 � M00
14
r 4WO� 1
13
ONON&
)
i
r w1 1
RW
1 (3240) i
OMCLAL PLAN
f1 �-
t
i LAKE' ONTAR/D
`� �� ul lIC�Mn�R► MUNICIPALITY Of CL&a%l, TON
M' ►000 OPUNDARr APRIL SS. !997
���� (1000) POPUUITION REFER TO SECKIN$ 5 AND 9