HomeMy WebLinkAbout2001-042 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001- 042
being a By-law to adopt Amendment 22 to the Clarington Official Plan
WHEREAS, Section 17 (22) of the Planning Act. R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to specifically permit a surplus farm dwelling lot
in Part Lot 9, Concession 4, former Township of Darlington;
NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 22 to the Clarington Official Plan 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 Regional Municipality of Durham for approval of the
aforementioned Amendment No. 22 to the Clarington Official Plan; and
3. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this 19th day of March 2001.
BY-LAW read a second time this 19th day of March 2001.
BY-LAW read a third time and finally passed this 19th day of March 2001.
MAYOR
E
AMENDMENT NO. 22
TO THE
OFFICIAL PLAN FOR THE MUNICIPALITY OF CLARINGTON
Amendment No. 22 to the Official Plan for the Municipality of Clarington, as adopted
by By-law No. 2001-42, is approved under Sections 17 and 21 of the Planning Act,
R.S.O. 1990, c.P.13, as amended.
Ji lair, M.C.I.P., R.P.O.
rector, Current Operations Branch
Regional Municipality of Durham
Dated at Whitby, Ontario on June 15, 2001
AMENDMENT 22 t
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the
potential severance of a surplus farm dwelling and to grant exception to the
requirement that a retirement or intra-family lot had not been previously severed
from the farm since January 1, 1974. The proposed lot is located in Part Lot 9,
Concession 4, former Township of Darlington, 4280 Mearns Avenue
BASIS: The Amendment is based on an application submitted by Donald and Norma
Welsh to permit the creation of a surplus dwelling lot from a 45.6 hectare farm
parcel. The 45.6 hectare farm parcel will be acquired as a component of a larger
230 hectare farm operation. The approval of this application is based on
commitments made by the applicant and others as follows:
■ The applicant and the proposed purchaser have agreed to the consolidation of
other lands in Lots 7 and 8, Concession 4, former Township of Darlington;
■ The applicant has agreed to the dedication of a 0.3 metre reserve as a
condition of land severance;
■ The applicant and proposed purchaser have agreed not to object to any future
rezoning which would prohibit residential uses on the subject lands.
Council is satisfied that the applicant is operating a bona-fide farm operation and
that this amendment meets the intent of the Official Plan and fulfils the objective
of preserving agricultural land.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1) by adding the following exception to Table 13.1 as follows:
TABLE 13.1
SURPLUS FARM DWELLING LOT EXCEPTIONS
Exception Assessment No. Legal Description Area of Surplus Area of
Dwelling Lot Remainder of
Land
4 010-080-083-50 Part Lot 9,Cone.4, 0.41 ha 45.2 ha
(2000) former Township of
Darlington
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan, shall apply in
regard to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the interpretation of the Plan, shall apply in
regard to this amendment.
JUN 15 2001 13:27 FR DURHAM PLANNING DEPT 905 436 6612 TO 9056236506 P.02/04
r,
AMENDMENT NO.22
TO THE
OFFICIAL PLAN FOR THE MUNICIPALITY OF CLARINGTON
Amendment No. 22 to the Official Plan for the Municipality of Clarington, as adopted
by By-law No. 2001-42, is approved under Sections 17 and 21 of the Planning Act,
R.S.O. 1990, c.P.13, as amended.
Ji lair, M.C.I.P., R.P.F.
rector, Current Operations Branch
Regional Municipality of Durham
Dated at Whitby, Ontario on June 15, 2001
JUN 15 2001 13:27 FR DURHAM PLANNING DEPT 905 436 6612 TO 9056236506 P.03iO4
NOTICE OF DECISION WITH RESPECT
TO AN AREA MUNICIPAL OFFICIAL PLAN AMENDMENT
Amendment No. 22 to the Official Plan for the Municipality of Clarington
The Director, Current Operations Branch, for the Regional Municipality of Durham, as the approval
authority, made a decision on June 15, 2001 to approve Amendment No. 22 to the Official Plan for
the Municipality of Clarington, as adopted by Council of the Municipality of Clarington, on March
19, 2001 under Subsection 17(35) of the Planning Act, R.S.O., c.P.13, as amended.
PURPOSE AND EFFECT OF THE OFFICIAL PLAN AMENDMENT:
The purpose of Amendment No. 22 is to amend Table 13.1 to the Official Plan for the Municipality
of Clarington to add an exception that permits the potential severance of a surplus farm dwelling and
to grant an exception to the requirement that a retirement lot or intra-family lot had not been previously
severed from the farm since January 1, 1974.
WHEN THE COMMISSIONER'S DECISION IS FINAL:
If the Commissioner does not receive any notices of appeal for all or part of the decision upon
lapsing of the deadline noted below, the decision, or the part of it that is not the subject of an
appeal, will be final.
WHEN AND HOW TO SUBMIT A NOTICE OF APPEAL:
Any notice of appeal of all or part of this decision on Amendment No. 22 to the Ontario Municipal
Board must be received by the Commissioner of Planning no later than 4:30 p.m. on July 4, 2001.
The notice of appeal should be addressed to the Commissioner of Planning, Regional Municipality
of Durham, at the address shown below, and must:
1- set out the specific part or parts of the Amendment to which the appeal applies unless
the notice applies to the entire Amendment;
2. set out the reasons for the appeal; and
3. be accompanied by a cheque, payable to the Ontario Municipal Board, in the amount of
$125.00 for the Ontario Municipal Board fee.
WHO CAN SUBMIT A NOTICE OF APPEAL:
Only individuals, corporations or public bodies defined in the Planning Act may submit a notice to
the Commissioner of Planning, as the approval authority, requesting that all or part of this decision
be appealed to the Ontario Municipal Board. An appeal may not be made by an unincorporated
association or group, however, an appeal may be made in the name of an individual who is a
member of the association or the group.
JUN 15 2001 13:2? FR DURHAM PLANNING DEPT 905 436 6612 TO 9056236506 P.04iO4
FOR FURTHER INFORMATION:
Information about Amendment No. 22 and the decision is available for public inspection during
office hours at the Regional Municipality of Durham Planning Department, 1615 Dundas Street
East, 4th Floor, Lang Tower, West Building, Whitby Mall, Whitby, Ontario (905) 728-7731 (Whitby
Line)/(905) 686.1651 (Toronto Line). Please call Tom Cadman at extension 3295 if you have any
questions.
MAILING ADDRESS FOR NOTICES OF APPEAL:
Regional Municipality of Durham
Planning Department
P.O. Box 623
Whitby, ON L1 N 6A3
Attention: Mr. A. L. Georgieff, M.C.I.P., R.P.P.
Commissioner of Planning
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