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HomeMy WebLinkAbout97-144 e ` THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 97-144 Being a By-law to authorize the execution of a Memorandum of Understanding between the Corporation of the Municipality of Clarington, The Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board and Clifford Curtis pertaining to Referral #4 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, The Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board and Clifford Curtis pertaining to Referral #4 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. By-law read a first and second time this 23rd day of June, 1997 . By-law read a third time and finally passed this 23rd day of June, 1997 . MavoY De ty 7 k THIS MEMORANDUM OF UNDERSTANDING made as of this 23rd. day of June, 1997. BETWEEN: The Corporation of the Municipality of Clarington ("Municipality") OF THE FIRST PART - and - The Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board OF THE SECOND PART - and - Clifford Curtis ("Referent") OF THE THIRD PART WITNESSETH THAT: . A. By letter dated December 13, 1996 addressed to Ms. Diana Marci, 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. 4 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. 1994, c.P.13, as amended to the date of the Region's letter ("Planning Act"). - 2 - B. The Referent is the owner of the lands now in the Municipality of Clarington which are more particularly described as comprising Part of Lot 33, Concession 2, former Township of Darlington now shown as Part 2 on Reference Plan 10R-4051 ("Lands'). C. Referral No. 4 comprises the following provisions of the Clarington Official Plan: • Those lands shown as Referral No. 4 on Map A2 and the Courtice Sub-Central Area Secondary Plan, in the attached "office consolidation" (attached to the letter referred to in Recital A), insofar as they relate to the location of a separate elementary school site on the west side of Tooleys Road. • Sections 18.4.1, 18.4.2 and 18.4.4 insofar as they relate to the lands subject to Referral No. 4. • Sections 6.1, 6.2 and 6.3 of the Courtice Sub-Central Area Secondary Plan insofar as they relate to the lands subject to Referral No. 4. D. By letter dated June 19, 1997 addressed to the Ontario Municipal Board ("Partial Withdrawal of Referral No. 4"), a copy of which is contained in Schedule "A" attached hereto, the Referent withdrew his request for a referral of certain of the provisions of the Clarington Official Plan referred to in Recital C. E. The Municipality, the Separate School Board and the Referents have agreed that Referral No. 4 should be settled on the terms set out below. - S - 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. Conditional on the Referent prior to June 27, 1997 having delivered a letter to the Ontario Municipal Board which is duly executed by him and which has the content of the Partial Withdrawal of Referral No. 4: (a) The Municipality's staff will initiate a Neighbourhood Design Study in accordance with the Terms of Reference of the Scoped Neighbourhood Design Plan for the east portion of Worden Neighbourhood ('Terms of Reference") contained in Schedule "B" attached hereto within the first six months of 1998 and will proceed with the same in accordance with the aforesaid Terms of Reference as expeditiously as is reasonably practical. (b) The Municipality, the Separate School Board and the Referent hereto will request that the Ontario Municipal Board dismiss the objections of the Referent to the provisions of the Clarington Official Plan which are comprised in Referral No. 4 and continue to be before the Board, and approve the same pursuant to the provisions of Subsection 17(42) of the Planning Act. - 4 - 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 }��yCle THE PETERBOROUGH VICTORIA NORTHUMBERLAND CLARINGTON ROMAN CATHOLIC SEPARATE SCHOOL BOARD �y �i3 Ja•- �..ort. ) ) ) ) C3L; F 1,D CURT LU SCHEDULE "A" 19 June 1997 The Ontario Municipal Board 655 Bay Street Ste. 1500 Toronto, Ontario M5G 1 E5 Attention: Mrs. M. E. Johnston, Vice Chair Dear Mrs. Johnston: RE: REFERRAL NO. 4 OF CERTAIN PROVISIONS OF THE OFFICIAL PLAN OF THE MUNICIPALITY OF CLARINGTON (BOARD FILE NO. 0970004) I hereby withdraw my request for a referral of the provisions of the above Official Plan contained in Referral No. 4 insofar as they apply in respect of the lands identified as R4 on Map A-2 of the above Official Plan with the exception of the lands shown on Map A-2 of the Official Plan which are identified on the Map attached to this letter. I also hereby withdraw my request for a referral of sections 6.1, 6.2 and 6.3 of the Courtice Sub- Central Area Secondary Plan insofar as they relate to the lands subject to Referral No. 4. Yo)u^t ruly, 1 Cliffo urti L CC*cc cc: Clerk, Municipality of Clarington Mr. A. L. Georgieff, Commissioner of Planning, Regional Municipality of Durham Director, The Peterborough Victoria Northumberland Clarington Roman Catholic Separate School Board _ EXISTING lJ .EB©�ESTONE _—PEaeLESmNr R(.MD -- – - - � ❑ Single Detached ❑ Semi Detached/Link/Duplex --� 4 •. ❑ i i ❑ Town/Row House Triplex/Apartment Commercial �- ❑ ❑❑; Mined Commercial/Residential _ _ ? ` ----i".._._--- Institutional ❑ A„, �� � ❑ Utility/Transportation Industrial � ❑ - Industrial-Other - , �. ❑ Open Space � of p ks o� y❑ l `,, . r `Y, J ❑— : private Recreation ❑ , a/ ❑ I ><, --- ------ -__ -..— scant [❑ ^ Referent's Property 9, Ait ❑ Draft Approved Subdivisions ❑ at4 a trti` L ti L6 Use Designations as per Clarington Official Plan LAWSON ROAD A,`k ' 1 t -❑ ��r ,S�.. { I��? Environmental protection Area public Secondary School `7 7 TM- `3 ❑' Qo �, �r /' '�: �` ' — public Elementary School ❑� ��r 4 `� , o fy, ' H.� - KNTYRE GEQt FOUND G, r , Separate Element ry School STREET REY14DLOS Dg � r+nRTSFiELD �.,,�t � �;a''t �j ,,; ❑ -- �; EROnoLArvDS �. 4 w v x – 7 Scoped Deferral area !reposed `4�;�'�,,,1. _ ❑� J '_''.'k,:,, ;� � � cRESCe��r o ;d I I �--- �2 FWND caes �w r by The E9nrG @pal @fy ofIarington u m c r �, oAxwEt.D °�` _ srreECt '� � DEVONOne 0 �- �� ❑4 {Iy,,�,4 a 'y �`, '�' Y �_ IJ�cLL-uPtJ u � � Y�NOOO r �� -- � ��7r ❑ "4'k' tt pPot�E CRl+n ^bg ; wEStMORE— STREET - r� QOVCRFIELfJ ST. � E OD--i� � -- w ROAD Lkx, �_ ❑ C1- ❑ �_1_ _ -- ' : s - - ❑ R� m o / RaiL DRIVE rr $q 4- F COURT j a VALLEY Y �,,.+ ❑ y 1 COURTICE Scoped R4 Area DALEPARI f 'O � O � � :. `-,� )�� ❑ I&''� �`:� D^.IVC 1 am 111 � t' �" - s.. s ❑ NG � tc,�f rr V 5 u i w � KIMiSYNAY V tt � \ 4 4 ��y�yy.- AIt16 \� Y+"`•� `^•� O 9 w.ING AVENUE f _ Ir I " SCHEDULE "B" TERMS OF REFERENCE SCOPED NEIGHBOURHOOD DESIGN PLAN FOR EAST PORTION OF WORDEN NEIGHBOURHOOD 1. STUDY AREA The Study Area is identified on Attachment #1 2. SCOPE OF WORK The Study will be undertaken to fulfil the requirements of Sections 9.5.2 and 9.5.3 of the Clarington Official Plan with the use of in-house staff resources of the Municipality of Clarington, the Region of Durham, Central Lake Ontario Conservation and the Peterborough Victoria Northumberland Clarington Roman Catholic Separate School Board. The scope of work will include the following: • road alignments and standards; • sidewalks, trail systems and walkways; • potential cycling and transit routes; 9 potential lotting and mix of housing; • siting of schools, parks, open space lands, storm water management facilities and other community/utility uses; and • sanitary sewer, water supply and major and minor storm systems. The Municipality will consult with the landowners in the Study Area. The Neighbourhood Design Plan will be prepared in accordance with approved Master Drainage Plans for the area. The Neighbourhood Design Plan will be prepared on the basis of existing environmental data and information provided by Central Lake Ontario Conservation staff. A hydrogeological study is not included in the terms of reference. It is recognized that hydrogeological information may be required for portions of the Neighbourhood Design Study Area and that if such is the case the analysis cannot be completed without this information. If hydrogeological information is required to complete the analysis, portions of the Neighbourhood Design Plan may not be fully complete and will be subject to a further Environmental Impact Study with respect to possible hydrogeological issues. 3. TIMING The Municipality's staff will initiate the Study within the first six months of 1998, and proceed as expeditiously as reasonably practical. ATTACHMENT # 1 LOT 34 LOT 33 McLEAN D. 0 o i M Z O c T � J w O Co Z ti O U Q —14ASH T� rfT1�TTI fTI r'rTrrr--n Tr.1.- -T� COURTICE