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HomeMy WebLinkAboutPSD-155-04 Addendum 2 I . , UNFINISHED BUSINESS Cl!!!:-!l1gron , REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, May 24, 2005 Addendum #2 to Report #: PSD-155-04 File #: COPA 2004-005 By-law #: Subject: AMENDMENTS PROPOSED TO OFFICIAL PLAN AMENDMENT NO. 39 PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum #2 to Report PSD-155-04 be received; 2. THAT Council approve the attached by-law to adopt the proposed amendment (Attachment 1) to Amendment No. 39, as amended, to the Clarington Official Plan amending the Port Darlington Neighbourhood Secondary Plan as contained in the Report PSD-155-04 from December 6, 2004, as amended on April 25, 2005 (Attachment 2) and enact the necessary by-law (Attachment 3); 3. THAT Council resolve that no further public meeting is required; 4. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Davi . Crome, M.C.I.P.,R.P.P. Direc or, Planning Services Reviewed bO~/~ ~ Franklin Wu Chief Administrative Officer FL *DJC*df 17 May 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 ADDENDUM #2 TO REPORT NO.: PSD.155-04 PAGE 2 1.0 PURPOSE 1.1 This report sets out the current status of proposed Amendment No. 39 to the Clarington Official Plan. If it is approved, Official Plan Amendment No. 39, among other things, would amend the Port Darlington Neighbourhood Secondary Plan to allow for the realignment of a portion of East Beach Road in order to enlarge the waterfront district park area and to improve the planned road network. 1.2 This report recommends amendments to Official Plan Amendment No. 39, as amended, in response to an appeal from its adoption that has been made to the Ontario Municipal Board. If approved, Official Plan Amendment No. 39 as amended will be consistent with the central purpose and intent of Official Plan Amendment No. 39 as it stood before the recommended amendments to it are made. 2.0 BACKGROUND 2.1 On June 28th, 2004 Council decided that it would be desirable in the public interest to acquire a larger waterfront park than previously considered to implement the future District Park identified in the Clarington Official Plan. At the same meeting, Council authorized the initiation of expropriation procedures in respect of two properties in the East Beach areas; Council approved three additional acquisitions in October and November of 2004 and the making of two additional expropriation applications in the East Beach area. As well, Council authorized the initiation of the expropriation procedures for the Port Darlington Harbour Company Lands on the West Beach. 2.2 At the October 25th, 2004 meeting of Council, staff was authorized to prepare appropriate amendments to the Port Darlington Neighbourhood Secondary Plan in order to facilitate the creation of larger, more usable park space as a focal point on the Bowmanville waterfront. 2.3 A statutory Public Meeting was held on November 15, 2004 at which a number of residents appeared before committee with questions as to the details of the park plan and traffic management issues given the recent evacuation and emergency caused by the Caledon Propane fire at its site on Port Darlington Road at the CNR level crossing. 2.4 Council adopted Official Plan Amendment No. 39 to the Port Darlington Neighbourhood Secondary Plan at a meeting held on January 17, 2005 by passing By-law 2005-004. 2.5 Two appeals have been made to the Ontario Municipal Board from the adoption of the Official Plan Amendment. They will be heard by a Joint Board made up of a member of the Ontario Municipal Board and a member of the Environmental Review Tribunal. . ADDENDUM #2 TO REPORT NO.: PSD-155.04 PAGE 3 2.6 In light of the objections made by the appellants, staff recommended on April 25, 2005 that in order to simplify the process without damaging the achievement of the central purpose and intent of the Official Plan amendment that By-law 2005.. 004 be amended. 2.7 It appears that the amendments address some of the concerns of the appellants; however, to further clarify, it is the Municipality's intent that any relocation of Port Darlington Road would be within properties owned by the Municipality. As such, staff recommends that in order to provide assurance to the property owners of adjacent properties, without damaging the achievement of the central purpose and intent of the Official Plan Amendment, that By-law 2005-004 be further amended (Attachment 3). 3.0 COMMENTS 3.1 The amendments now recommended by staff will permit the relocation of a portion of East Beach Road and Port Darlington Road and the development of the district waterfront park with an appropriate configuration while responding to what staff understand to be the objections of the appellants to Official Plan Amendment No. 39. 4.0 CONCLUSIONS 4.1 It is recommended that Council adopt the amendments to Official Plan Amendment No. 39 contained in Attachment 1 and pass the necessary by-law. Attachments: Attachment 1 - Amendment to Proposed Official Plan Amendment No.39 Attachment 2 - Addendum to PSD-155-04 dated April 25, 2005 (contains PSD-155-04 and the objection letters) Attachment 3 - By-law to Amend By-law 2005-004 as amended Interested parties to be notified of Council's decision: Glenn Ransom Maria and Alvarina DeLemos Thomas Cauchon and Chigweyaru Abugara Port Darlington Harbour Company Port Darlington Community Association Kevin Taylor Rose Savage Scott Lumley Christopher Williams Stephen Waque Shane Rayman . ATTACHMENT 1 AMENDMENT TO PROPOSED AMENDMENT NO. 39 TO THE CLARINGTON OFFICIAL PLAN To Addendum #2 to Report PSD-155-04 Amendment No. 39 to the Official Plan for the Municipality of Clarington which amended the Port Darlington Neighbourhood Secondary Plan is further amended as follows: 1. by amending Section 2 to insert after the second sentence of new Section 4.4 of the Port Darlington Neighbourhood Secondary Plan, an additional sentence "Any realignment of Port Darlington Road will be located exclusively on land owned by the Municipality of Clarington." so that the section now reads: "4.4 Notwithstanding Section 24.3 of this Official Plan, the road alignments and land use designations on Map A-Land Use will be confirmed by detailed park development and engineering studies. Any realignment of Port Darlington Road will be located exclusively on land owned by the Municipality of Clarington. The configuration of the Village Commercial and Waterfront Greenway designations will be subject to the road alignment and district park configuration." .. ,CI~-Wgron ATTACHMENT 2 RE p6ARTII~s~~1~~~~~t PLANNING SERVICES ,,-,,- Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 25, 2005 Addendum to Report #: PSD-155-04 File #: COPA 2004-005 By-law #: Subject: AMENDMENTS PROPOSED TO OFFICIAL PLAN AMENDMENT NO. 39 PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-155-04 be received; 2. THAT Council approve the attached by-law to adopt the proposed amendment (Attachment 1) to Amendment No. 39 to the Clarington Official Plan amending the Port Darlington Neighbourhood Secondary Plan as contained in the original Report PSD-155-04 (Attachment 2) and enact the by-law; 3. THAT Council resolve that no further public meeting is required; 4. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Da J. rome, M.C.I.P.,RP.P. Director, Planning Services Reviewed bb' I~~ ~ Franklin Wu Chief Administrative Officer FL *DJC*df 15 April 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3AG T (905)623-3379 F (905)623-0830 1501 ADDENDUM TO REPORT NO.: PSD.155-04 PAGE 2 1.0 PURPOSE 1.1 This report sets out the current status of proposed Amendment No. 39 to the Clarington Official Plan. If it is approved, Official Plan Amendment No. 39, among other things, would amend the Port Darlington Neighbourhood Secondary Plan to allow for the realignment of a portion of East Beach Road in order to enlarge the waterfront district park area and to improve the planned road network. 1.2 This report recommends amendments to Official Plan Amendment No. 39 in response to two appeals from its adoption that have been made to the Ontario Municipal Board. If approved, Official Plan Amendment No. 39 as amended will be consistent with the central purpose and intent of Official Plan Amendment No. 39 as it stood before the recommended amendments to it are made. 2.0 BACKGROUND 2.1 On June 28th, 2004 Council decided that it would be desirable in the public interest to acquire a larger waterfront park than previously considered to implement the future District Park identified in the Clarington Official Plan. At the same meeting, Council authorized the initiation of expropriation procedures in respect of two properties in the East Beach areas; Council approved three additional acquisitions in October and November of 2004 and the making of two additional expropriation applications in the East Beach area. As well, Council authorized the initiation of the expropriation procedures for the Port Darlington Harbour Company Lands on the West Beach. . 2.2 At the October 25th, 2004 meeting of Council, staff was authorized to prepare appropriate amendments to the Port Darlington Neighbourhood Secondary Plan in order to facilitate the creation of larger, more usable park space as a focal point on the Bowmanville waterfront. 2.3 A statutory Public Meeting was held on November 15, 2004 at which a number of residents appeared before committee with questions as to the details of the park plan and traffic management issues given the recent evacuation and emergency caused by the Caledon Propane fire at its site on Port Darlington Road at the CNR level crossing. 2.4 Council adopted Official Plan Amendment No. 39 to the Port Darlington Neighbourhood Secondary Plan at a meeting held on January 17,2005 by passing By-law 2005-004. 2.5 Two appeals have been made to the Ontario Municipal Board from the adoption of the Official Plan Amendment (see Attachments 3 and 4). They will be heard by a Joint Board made up of a member of the Ontario Municipal Board and a member of the Environmental Review Tribunal. 2.6 In light of the objections made by the appellants, staff recommend that in order to simplify the process without damaging the achievement of the central purpose and intent of the Official Plan amendment that By-law 2005-004 be amended ADDENDUM TO REPORT NO.: PSD-155-04 PAGE 3 (attachment 5) with the modification to the Official Plan Amendment No. 39 text proposed in Attachment 1. 3.0 COMMENTS 3.1 The amendments now recommended by staff will permit the relocation of a portion of East Beach Road and the development of the district waterfront park with an appropriate configuration while responding to what staff understand to be the objections of the appellants to Official Plan Amendment No. 39. 4.0 CONCLUSIONS 4.1 It is recommended that Council adopt the amendments to Official Plan Amendment No. 39 contained in Attachment 1 and pass the necessary by-law. Attachments: Attachment 1 -Amendment to Proposed Official Plan Amendment NO.39 Attachment 2 - PSD-155-04 dated December 6, 2004 Attachment 3 - Mr. S. Waque's letter of Objection dated February 8, 2005 Attachment 4 - Mr. C. Williams letter of Objection dated February 8, 2005 Attachment 5 - By-law to Amend By-law 2005-004 Interested parties to be notified of Council's decision: Glenn Ransom Maria and Alvarina DeLemos Thomas Cauchon and Chigweyaru Abugara Port Darlington Harbour Company Port Darlington Community Association Kevin Taylor Rose Savage Scott Lumley Chri!?topher Williams Stephen Waque Shane Rayman AMENDMENT TO PROPOSED AMENDMENT NO. 39 TO THE CLARINGTON OFFICIAL PLAN Amendment No. 39 to the Official Plan for the Municipality of Clarington which amended the Port Darlington Neighbourhood Secondary Plan is amended as follows: u 1. by deleting therefrom Section 1 and Sections 4 to 11, inclusive; and 2. by amending Section 2 to delete from the second sentence of new Section 4.4 of the Port Darlington Neighbourhood Secondary Plan, the words "Marina Commercial" . tl!J!-UJgron REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, December 6, 2004 Report #: PSD-155-04 . File #: COPA 2004-005 By-law #: Subject: OFFICIAL PI-AN AMENDMENT PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLA1'I RECOMMENDATIONS: . It is respectfully recommended that Council approve the following: 1. THAT Report PSD-155-04 be received; 2. THAT Amendment No. 39 to the Clarin9ton Official Plan to amerd the Port Darlington Secondary Plan as contained in Attachment 2 to this Report be approved and that the necessary By-law be passed; , 3. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 4. THAT all interested parties listed for this report and any delegations be advised of Council's decision. Submitted by: avi . Crome, M.C.I.P.,R.P.P. Director, Planning SeNices /'-\~~ Reviewed bU Franklin Wu. . Chief Administraliw Officer . FL*DJC*df . 19 November 2004 CORPORATION OF THE MUNICIPALITY OFCLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(9D5)623-0830 ti71 . REPORT NO.: PSD-155.Q4 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Municipality of Clarington 1.2 Official Plan Amendment: To amend the PortDarlington NeighbourhoQd SecondaiyPlan to allow for the realignment of a portion of Port Darlington Road and East Beach Road to enlarge the waterfront district park area. East Beach Road defines the southerly limit of Village Commerc~1. The maximum amount of gross leasable area for retail and personal seNice uses of Village Commercial remains 1,500 sq. metres and can be accommodated in the area allocated when the road is shifted to the north. 1 .3 Site Area: 146.6 hectares or 362.2 acres. 2.0 LOCATION 2.1 The subject lands are located south of the Canadian National Railwaymainline and generally includes all lands from Lot 5, Broken Front Concession to the West Beach Road South (see Attachment 1). . . 3.0 BACKGROUND 3.1 On June 28th, 2004 Council decided to acquire a larger waterfront park than previously considered to implement the District Park identified in the Clarington Official Plan. At the same meeting, Council approved the initiation of expropriation procedures of two properties in the East .Beach area; Council approved the three additional acquisitions in October and November plus two additional expropriation applications in the East Beach area as no successful conclusion to ongoing negotiations had been achieved. In addition, Council approved the initiation of expropriation for the Port Darlington HarbourCompany Lands on the West Beach. 3.2 At the October 25th, 2004 meeting of Council, staff was authorized to make appropriate amendments tothe Port Darlington Secondary Plan in order to facilitate the creation of larger, more usable park space as a focal pointon the waterfront. 3.3 A statutory Public Meeting was held on November 15; 2004 at which a number of residents appeared before committee with questions as to the details of !he park plan and traffic management issues given the recent events in the neighbourhood. REPORT NO.: PSD.155-04 4.0 EXISTING AND SURROUNDING USES 4.1 The majority of the lands are agricultural except for the historic settleme~t of Port Darlington, which dates from the late 1800's and early 1900's. In recent years, . . there has been a resurgence of interest in the community and a nuinl:er of the seasonal cottages have been converted into year round dwellings. The historic industrial waterfront uses, like ship building are in close proximity to the east side of Bowmanville Creek. In addition, the area adjacent to the eastern side of Bowmanville Creek has been developed as a hotel/restaurantlmartna and condominiums~ Large utilities such as the Port Darlington Pollution Conkol Plant and Water Treatment Plant have existed for a number of years. Tt'e natural features such as the Lake Ontario Shoreline, Bowmanville Creek aoo Marsh dominate the landscape. PhGE 3 4.2 Surrounding Uses: East: North: South: Residential (Wilmot Creek) and Waterfront Greenway Canadian National Railway, Prestige and Light Industrial plus Green Space (hydro corridor) Waterfront Greenway (uplands between Bowmanville andWestside Marshes) . Lake Ontario West: 5.0 OFFICIAL PLAN POLICIES 5.1 . The Durham Region Official Plan was approved by the Province on November 24, 1993. The Plan extends to the year 2021 and gives a target population for Bowmanville of 85,000 and for Clarington of 130,000. The Plan is currently under review. Section 14.3.9 of the Region's Official Plan designates Port Darlington as a "waterfront place". Waterfront Places shall be developed as focal points. The predominant uses may include marina, recreational, tourist, cultural and community uses. The same section also sets out the waterfront trail as a primary method of providing public access to the waterfront and to provide continuity to the open spaces along the waterfront. 5.2 The Clarington Official Plan designates the subject lands as a Secondary Plan within the Official Plan. The Goals and Objectives of the Secondary Plan are in keeping with the Crombie Commission, the Clarington Waterfront Strategy and both the Regional and Local Official Plans. The Secondary Plan the land use designations for the Port Darlington Neighbourhood establishes the general pattern for future development, including the Residential, Marina Commercial, Village Commercial, Waterfront Greenway and Parks, Prestige Employment Areas, Utilities and Environmental Protection Areas. The land use designations in the Official Plan and Secondary Plan remain as currently approved in the Official Plan (See Attachment 2). 5.3 While the Municipality had been acquiring properties on the south sideof East Beach Road and owns other lands to the north there was no overall parkland development plan. To achieve the vision that Council had for a waterfront park it was determined that additional properties on the north side of East Beach Road ,'t-rvnl .".v.. r~LJ"lvWl-U"'T would be required to provide sufficient depth and mass to the park adjacent to the water. This would necessitate the moving of East Beach Road and realignment of Port Darlington Road. From an engineering and traffic flow perspective the realignment of these roads would provide for better park access and improved safety. However, Policy 24.3 of the Official Plan indicates that where. the boundaries of various land use designations. coincide with physical features, such as creeks, rail lines, roads and utility lines, or instrument such as lot and concession lines or property limits, these boundaries are meant to be exact. As such it is necessary to amend the Secondary Plan to allow East Beach Road to be shifted to the north. 5.4 It is also necessary to amend the Secondary Plan to provide flexibility in the alignment of Port Darlington Road, which could be shifted towards Bowmanville Creek to provide for better traffic flow and turning radii. The exact alignment of this road will be the subject of further study. 5.5 This Amendment is based upon the detailed design developmentfor the parkland and road alignment, resulting from engineering and hydraulic, shoreline and wetland studies. Minor technical changes have been recommended as part of the amendment to clarify specific policies as they relate to the studies and Policy 7.4 has been deleted. ' 6.0 PUBLIC MEETING AND SUBMISSION 6.1 . At the statutory public meeting held on November 15, 2004 residents expressed concerns: regarding the details of the conceptual park plan ard traffic management issues related to the existing road network. 6.2 The Conceptual Master plan for the' Port Darlington Waterfront Park was approved by Council on November 8, 2004. The Engineering SeNices Report EGD-50-04 is attached (Attachment 3); it sets out the overall concept lathe park development in its initial phases. The conceptual park plan will be the subject of public input prior to finalization of the. design. The detailed questions from the public regarding, separation from existing residents, development costs, funding sources, maintenance and operation procedures, connections between the Bast and west beach areas etc. will be addressed as part of the public review process of the Conceptual Masterplan. There was no fundamental disagreement with the park development. 6.3 The traffic management issue such as the long term improvement 01 Bennett Road, an additional crossing of the railway tracks and better emergency access into the Port Darlington area are addressed by the overall road network laid out in the Secondary Plan. ~EPORT NO.: PSD-155-04 PAGE :> 7.0 AGENCY COMMENTS 7.1 The Clarington Emergency Services and Operations Departments, Veridian, Durham Police and Durham Health. have no objections to the Offidal Plan Amendment. 7.2 The Clarington Engineering Services Department support the Official Plan Amendment as it provides for the realignment of the East Beach Road and Port Darlington Road and will improve traffic flow in the area and provide a larger waterfront park. 7.3 CLOCA have no objections to the Official Plan amendment. They have requested minor wording changes to clarify where their involvement in dev~opment applications and approvals will be necessary. The wording changes have been included in the Amendment as attached. . 7.4 The Durham Region Planning Department has no objections to this proposal. They have indicated that it is in conformity with the Regional Official Plan and Community Strategic Plan. Since the amendment is considered to hilVe . no significant Regional or Provincial concerns, the application is exempt from Regional approval. 7.5 The Durham Region Works Department have no objections. They have provided notice that the Water Pollution Control Plan (WPCP), could not meet the development demand without additional underwater treatment capacity. A Class EA is scheduled to commence in January 2005 and be complete by the end of 2005. Section 12.3 of the Secondary Plan provides for the potential expansion and a buffer zone, according to MOE guidelines. . 8.0 COMMENTS 8.1 Based .on the comments contained in this report, it is respectfully recommended that the proposed official plan amendment APPROVED. 8.2 The proposed amendment conforms to the Durham Region Official Plan and the Region has advised that the amendment is exempt from Regional Approval. Attachments: Attachment 1 - Key Map . Attachment 2 - Map A - Land Use, Port Darlington Neighbourhood Secondary Plan Attachment 3 - Proposed Official Plan Amendment Attachment 4 - Engineering Services ReportEGD-50-04 Attachment 5 - Proposed By-law Amendment REPORT NO.: PSD-155.Q4 t'A\>1: 0 Interested parties to be notified of Council's decision: Glenn Ransom Maria andAlvarina Delemos Cauchon/Abugara Port Darlington Harbour Company Port Darlington Community Association Kevin Taylor . Rose Savage George Zajoc Scott Lumley REPORT NO.: PSD.155.04 INTERESTED PARTIES LIST Interested parties to be notified of Council's decision Glenn Ransom 66 East Beach Road Bowmanville, ON L 1 C 3K3 Maria and Alvarina DeLemos 502 Queen Street East Toronto, ON M5A 1V2 Cauchon/Abugara 50 East Beach Road Bowmanville, ON L 1 C 3K3 Port Darlington Harbour Company c/o A. Wiggers 125 Port Darlington Road R.R.#2 . Bowmanville, ON L 1 C 3K3 Kevin Taylor 110 East Beach Road Bowmanville, ON L 1 C 3K3 Rose Savage 79 East Beach Road Bowmanville, ON L 1 C 3K3 Port Darlington COmmunity Association c/o Glenda Gels 311 Cove Road Bowmanville, ON L 1 C 3K3 Scott Lumley 157 Port Darlington Road Bowmanvilte, ON L 1 C 3K3 . Aird & Berlis, LLP BCE Place, Suite 1800 Box 754,181 Bay Street Torcinto, ON M5J 2T9 Attention: George Zajoc ~~0 ;0 NOISS3::ltID:) lNOH.:i N3'>lOl:lB """. I '\ on 9 ~N)B ~ 9 O'l'mi S8l'1Y1 ~ 9 ~ >- I ___, j 9 :1 s ~ ~ ~ J ~ 9 ~ 9 S .15 A.ll:l3Bn :: 9 .~~ E o o ~ o o .. o o '" o III <C 1.0 :l Q. D <( z :E 0( J o o o :t: '" ::> Oz ~:s Qn. w z~ zti Oz bO zo :JW ~1Il o tr o n. ~~ a~ ~~ i:i~ dg : E~ ; Ii ~ ~5 i5 zw z o. ~~ o. .w 8~ .0 ~~ J '" I ~ \ ...I ~ 0 ~ t> l '" 1i: I g ~ Ii; Q , 9 ~ , . .. . a. @ I . , . .. , . , . . . . J 0 L:i 0 J: L:i !)( g :;!!)( w w~ ~ ffi z 1z ~ ~oo?< VI "'~ 13 ~! II n ~ !3~ ~ <to;" 5 a.w 11 Q.. ~() " ~ ~III L:i E ~~ ~~!~ II Zz Cc:Jo C Os ~-i5-:J:- ~..g~~~~~ ~ <> wi5 ~~ :;8 <I o '" ""w z'" -", ~8 E o o II'jl'~; 11m H~~~ ". ~ I ,.,., . . AMENDMENT NO. 39 TO THE CLARINGTON OFFICIAL PLAN BASIS: The purpose of this amendment is to revise the Port Darlington Neighbourhood Secondary Plan to allow for the realignment of a portion of Port Darlington Road and East . Beach Road to enlarge the waterfront district park area. The Amendment is based upon' the detailed design development for the parkland and road alignment, resulting from engineering and hydraulic, shoreline and wetland studies. PURPOSE: ACTUAL AMENDMENT: The Port Darlington Neighbourhood Secondary Plan is hereby amended as follows: 1. In Section 2.2, by adding the words " .of Clarington" after the words '10cal residents". 2. By adding the following new Section 4.4: "4.4 Notwithstanding Section 24.3 of this Official Plan, the road alignments and land use designations on Map A-Land Use will be confirmed by detailed park development and engineering studies. The configuration of the Marina Commercial, Village Commercial and Waterfront Greenway designations will be subject to the road alignment and dislrict park configuration." 3. · By renumbering 4.4 to 4.5. 4. ,In Section 6.3, by replacing the word "Facility" with "Facilities". 5. Bydeleting Section 7.4. 6. In Section 8.1, by adding the words "detailed park development plans, hydraulic, shoreline and wetland studies" to the end of the final ~entence, so that the final sentence reads: "The Municipality will seek to secure parkland for an appropriate distance beyond the Regulatory Shoreline area as determined in consultation with the Conservation Authority through the review of development applications, detailed park development plans, hydraulic, shoreline and wetland studies." 7. . In Section 8.3, by adding the following sentences after the second sentence: "The Municipality has developed an acquisition strategy setting out priority areas and timeframes for acquisition. Council may amend the acquisition strategy based on the detailed plans for the park development: . 8. In Section 11.5, by adding the words "except through the district park where urban standards may be altered to provide for park related features" to the end of the last sentence, so that the final sentence reads: "All other local roads shall be constructed and maintained to an urban standard; except through the district park where urban standards may be altered to provide for park related features." 9. In Section 13.2, by adding the word" boardwalks" to the second bulletso that the second bullet reads as follows: "bridges/boardwalks". 10. In Section 13.2 by adding an additional bullet: "flood, erosion and conseNation protection works" 11. In Section 13.3 a) by deleting "from the Ministry of Natural Resources and adding "The Conservation Authority Act" such that it reads: "Any projects on the shoreline, or in a creek shall obtain approvals under the Lakes and River Improvement Act, the Public Lands lIet, the ConseNation Authorities Act, the Federal Fisheries Act or my other legislation as applicable." IMPLEMENTATION: The provisions set forth in the Official Plan and the Port Darlington Neighbourhood Secondary Plan as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Official Plan and the Port Darlington Neighbourhood Secondary Plan as amended, regarding the interpretation of the Plan shall applyin regard to this Amendment. Clmmgton REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COfJlMITTEE Date: Monday, November 1, 2004 Report #: EGD-50-04 File#: By-law #:. Subject: PORi DARLINGTON WATERFRONT PARK - CONCEPTUAL MAS1ER PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Comm~ee recommend to Council the following: 1.. THAT Council approve in principle the Conceptual Master Plan for Port Darlington. Waterfront Park near the mouth of Bowmanville Creek. 2. THAT staff proceed to obtain input from the public on the Conceptual MasterPlan 3. . THAT staff include the implementation of Phase 1 of the Port Darlington Walerfront Park for consideration in the 2005 capital budget and forecast. tefaMJt !l Submitted by: A.S. Cannella, C.E.T, Director of Engineering Services v . Crome, MCIP, R.P.P. Director of Planning SeNices ." .\ ,/J () < I ",",.., ,-) . Leo--.c, _:'_U',-.-J '1... Reviewed by: Franklin Wu, Chief Administrative Officer ASC/PW/jo CORPORATION OF niE M\.I!.UC1PALlTY OFCLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F905-623-0830 REPORT NO.: EGD-50-04 PAGE 2 1.0 INTRODUCTION In July 2000, Council approved a land Acquisition Strategy for the Municipality of Clarington and subsequent updates in May of 2002 (PSD-044-02) and June of 2004 (PSD-093-04). A Financial Analysis was prepared to evaluate the financial viability and funding sources for the land Acquisition Strategy (Report PSD-043-02). Tile Financial Analysis report concluded that acquisition needed to be scheduled over a 20 year period. Since, that time a number of properties have been obtained and we now have sufficient lands to begin some development of the Bowmanville waterfront for parkland. Council has since June of 2004 approved the acquisition and/or expropriation of the lands necessary to develop Phase 1 of the Port Darlington Watenront Park on the East Beach. To provide Council with a vision of what the final build out of the park development would look like, Engineering Services has had a conceptual master plan prepared for all of the lands identified in the Acquisition Strategy regardless of the land acquisition timing priority. From. this conceptual plan the Phase. 1 develo~ment plans can be developed for implementation in 200~. or 2006 subject to funding. 2.0 OVERVIEW OF THE WATERFRONT STRATEGY The Clarington Waterfront Strategy (1993) was prepared to provide a long.term vision for Clarington's waterfront. The Strategy identified, among other things, the lack of active and passive/recreation opportunities along the waterfront. Much of the lake Ontario shoreline was impeded by large land owners, such as St. Marys Cement, Cameco, Darlington Nuclear Generating Station, Wilmot Creek RetiremenlCommunity and large agricultural operations. To provide more public open space the Strategy identified three district ~arks, one in each of the three Urban Areas, focal nodes and areas of interest along tlie waterfront. District parks in Newcastle Village and Bowmanville were centered arounHhe existing harbours. The district park for Courtice was identified at the bottom of Courtice Road. Two passive recreation areas were identified, one around the WillTIJl Creek in Newcastle and the other around Bowmanville Marsh in Bowmanville. TIle Waterfront Trail, focal nodes, and areas of interest associated with the trail will be contained within a greenway of linear parks along the watertront. (See Attachment 1) The recommendations within the strategy provided the basis for watertront policies in . the Clarington Official Plan, adopted in 1996. In the Clarington Official P~n the district parks are identified with District Park symbols, and the greenway as "Waterfront. Greenway" or in some instances "Environmental Protection". REPORT NO.: EGD-50-04 . PAGE 3 3.0 PROGRESS OF THE BOWMANVILLE WATERFRONT LAND ACQUISITION AND . PARK PLANS 3.1 OvelView In 1999, approximately 45 hectares (111 acres) of land in and adjacent to the Bowmanville and Westside Marshes were secured by the Municipality of Clarington as a result of negotiations with Blue Circle Cement (now Sl. Marys Cement) to save a portion of the Westside Marsh. These lands were subsequently transferred to central Lake. Ontario Conservation Authority. A management plan is being prepared jointly by the . Municipality and CLOCA to ensure the ecological functions of the marshes are not lost as a result of future quarrying by St. Marys Cement. The plan will also provide opportunities for passive recreational uses. The residents and Council were recently invited on a tour in the summer of 2004 to view the works which are nearing completion. The Municipality leases a portion of the Bowmanville Harbour Conservation Area from CLOCA. A Conceptual Plan was prepared in 2000 which recommends improvements to the boat launch, parking lot, Waterfront Trail. and fish cleaning station. New play areas and a lookout are also proposed. The improvements total $1.14 million dollars. One third funding has been approved in the SuperBuild program. The implementation of these improvements are contingent en receiving the balance of funds in the 2005 capital budget. A District Park is designated at the mouth of the Bowmanville Creek for bdh the east beach and west beach. The Port Darlington Harbour Company (PDHC) cuirently owns the lands on both the east and west of Bowmanville Creek. The Municipali~ has been in negotiations with PDHC for sometime. .The PDHC lands on the EastBeach are included in the long-term acquisition strategy however at this time acquisition is not crucial to the first phase of park development. In addition. accommodating marine industry in Bowmanville Harbour is desirable from both economic and public interest aspects (e.g. an active waterfront is desirable). The Municipality has been acquiring lands on the south and north side of East Beach Road to provide for sufficient depth to the park and ancillary facilities such as parking and washrooms, etc. As such, the Municipality has prepared a design concept that can be phased in overtime and in relation to which lands will ultimately be publicly accessible. In addition, funds should be allocated in the capital budget to begin implementation such as gradng, parking, seating and some plantings. 3.2 VVatenrontTrail The Waterfront Trail is generally located within the Waterfront Greenway and links the District Parks, focal nodes and other areas of interest together. The total length of the trail is 31 kilometers (19 miles). Opportunities to move the trail off road and closer to the water are sought through development of lands, or by other means such as leases and licenses agreements. For the 'Waterfront Greenway', in the Clarington Official Plan the intention was to have the Waterfront Trail integrated within the open space on the lake side oftheroadway. REPORT NO.: EGD-50-04 PAGE 4 3.3 Bowmanville/VVestside Marshes Management Plan CLOCA and the Municipality have been working' on a Management Plan for the Bowmanville and Westside Marshes since 2001; as part of this plan a report regarding the dynamic beach and how it should be managed in the West Beach Areahas been prepared. The draft report recommended that "Due to the extreme 'seventy of the hazards (i.e. potential loss of life)" ClOCA and the Municipality continue with the long term acquisition strategy of this area. In addition, the recreational activities recommended for this West Beach and Bowmanville Marsh are passive in rature and promote the restoration of the dune area along West Beach to maintain Ihe barrier between the lake and marsh. . 3.4 Conceptual Master Plan for Port Darlington Waterfront Park A Conceptual Master Plan has been prepared to provide a VISion for the future. development of the waterfront in Port Darlington. The physical barr'er of the Bowmanville Creek divides the park into two distinct sides. Each side presenls different opportunities for park development. The West Beach side contains the marsh and a sand beach with level access to the waters edge. The East Beach side has a shoreline that is elevated from the waters edge and existing uses such as the marina, condominiums, and Bobby C's restaurnnt. The Conceptual Master Plan takes advantage of the physical features of each site to create a district park that will provide a variety of recreational opportunities for residents of Clarington and beyond. . 3.4.1 East Beach Side (Attachment 2) The east side of the creek would contain the active use areas of the park. Ills proposed that a large central gathering node be constructed near the waters edge at the south extension of Port Darlington Road. This space would be used for special events such as. concerts in the park, fireworks displays, art exhibits, etc. A nautically themed children's playground, water play area, washroom building, and concession stand are also proposed for this portion of the park. Open green spaces would be provided for picnicking or informal play. The lake Ontario Waterfront Trail would pass through this section of the park. Initially when the Secondary Plan for Port Darlington was being developed (1992) it was assumed that there would be adequate room south of the existing East Beach Road for the district park development; however, detailed development of the park plan and an examination of the existing and potential road alignments have yielded a much more usable park space, that will accommodate the anticipated activities in the park by shifting the road to the north. REPORT NO.: EGD-SO.Q4 PAGE 5 Because the surrounding land is higher than the lake, direct access to the waters edge is limited on the east side of the creek. Walkways and waterfront lookouts would be constructed parallel to the lake along the top of the bank. Steps down to a waters edge . platform would be constructed. A small beach at the west end would provide direct access to the waters edge. The architectural features throughout Port Darlington Waterfront Park, including buildings, shelters, lights and site furniture would be designed to match the architectural style of Victorian era Port Darlington. It was during this period that Port Darlington was an active summer resort. . The activity and vitality of the east portion of the park would complement the existing residential, commercial, and marina uses just north of the park. Clarington's Official Plan includes a Village Commercial block along the south side of the Regional Water Treatment plant. This block could be developed with shops, artisan's studios and restaurants. The village commercial buildings would also screen the view of the Regional Plant from the park and provide the opportunity to create rooftop patios overlooking the lake. . 3.4.2 West Beach Side (Attachment 3) The proposed parkland. on the west side of the Bowmanville Creek will be much more passive in character and will complement the beaches and marshes that daninate the landscape on the west side. The sand beach wiil be the main attraction of the west beach portion of the park. The north edge of the west beach portion of tte park will include nature trails along and through the marsh as well as interpretive sgnage and opportunities to launch non-motorized boats and canoes in the open water olthe marsh. A waterfront promenade and waterfront lookouts are proposed along the north edge of the beach. Beach volleyball courts could be constructed between the beach and marsh. The volleyball courts. could be used for informal play or programmed toomaments. Since the washrooms and playground on the east beach side are not easil) accessible to the west beach it is proposed that a washroom building and children'splayground also be constructed on the west beach side of the park. This area would alw provide a neighbourhood park function for residents. The Bowmanville Creek is a barrier to pedestrians moving between the east and west portions of the park. The number and size of boats entering and leaving the lake at the mouth of the creek would .make building a bridge at this location very difficult and expensive. This master plan proposes a boardwalk that connects the west portion of the park to the marsh trails on CLOCA's land. Pedestrians would follow the marsh trail north and cross the creek at a proposed bridge to the Bowmanville Waterfront Recreation Area that is scheduled to be built in 2005. ,A bridge at this location is not currently part of the 2005 project. Including a bridge in the project would create a more direct pedestrian connection between the east and west portion of Port Darlington Waterfront Park and between the Bowmanville Waterfront Recreation Area arid Port Darlington Waterfront Park. Using a barge to transport people from the west beach to . the east beach aswas done in theearly 1900's is also an option. REPORT NO.: EGD-50-04 . PAGE 6 4.0 CONCLUSIONS AND RECOMMENDATIONS 4.1 The framework to create publicly accessible waterfront has been established in the Clarington \Naterfront Strategy, Clarington Official Plan and the Land Acquisition Strategy. The financial analysis provided a timeframe for the acquisition of waterfront lands and the financial means to acquire such lands. The acquisition of watenront land was identified by Council as a priority, the timeframes established in the various strategies and studies have guided staff in their recommendations to Cound and land acquisitions. We are now at the point where some development of the Port Darlington Waterfront Park is possible. 4.2 At this time it would be prudent for Council to approve in principal the Conceptual Master Plan for Port Darlington Waterfront Park so that the first phase of development can be carried out within a future context for further acquisitions and ~hases of development. While it is desirable to have public input prior to Council endOlsement of a park master plan, staff is seeking Council endorsement at this time as the Masterplan has an impact on private property and prior to meeting with the Port Darlington Community A.ssociation. . 4.3 The first phase of development for the district park is conceptual only and will have to be detailed prior to construction. A cost estimate for the development of ~e detailed design and construction will submitted for consideration in the 2005 Capital Budget. If . approved, the project could be started in 2005 or 2006. Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Map of Active and Passive/Recreational Areas in Clarington East Beach Plan West Beach Plan \/- \', Ll: '1 oI.IilHlI4 ~ L Ii C" .i pl\ ~ . ~ ~, J ," 0" ) \ "'~'( ~ '\ .~ I'I!I 11 ~\ 5~~WOl'l ~ t , ,.~ l , \ ) ,,.,. \_-r'?S~NoOfje lJ"u," ....'" (J..o.. ~!>ltOO ., , ,,' , , c.[ltl ~..~ , ro,t ,,\ , ,,::,-" " ....'{. , , , .. 't ~.:: :c \ ~ , ')' f .. . \ Nc ,~ . ..:;.-~ " " ,< " ~\; ., ! .., tOIl f;:\\ \ ;\\ ~" L ~ " ~ o . ~ ~~ .E E 'C~ 0- t~. - C '-'''':'': 0 = ro._ ~ I.. .;.J '-I- v I- ~ g ~ c c coo o ~, , .~'tv '1: 0- ~ 0 .;.I'~ ~ ...;:;l .l-1 m .... \i. ro>L oiQ>>r [iD->v""1l Ill) U U 00 C ttJ ll'l ,~ 'C 'z 0 0 II)..J.I ttJ Cl- u- ." ." 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THE CORPORA'nON OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 2004. .. being a By-law to adopt Amendment No. 39 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 revise the Port Darlington Neighbourhood Secondary Plan to allow for the realignment of a portion of Port Dartington Road and East Beach Road to enlarge the Bowmanville waterfront district park; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality 01 Clarington enacts as follows: 1. That Amendment No. 39 to the Clarington Official Plan being the attached Explanatory T ex! is hereby approved; and. 2. This By-law shall come into force and take effect on the date of the passillj hereof. BY-LAW read a first time this day of 2004 BY -LAW read a second time this day of 2001 BY-LAW read a third time and finally passed this day of 2001 John Mutton, Mayor Patti L. Barrie, Municipal Cleffi BORDEN LA D N E R GERVAIS Bcrden ladner GelVais liP lawyers' Patent & Trade-mark Agents Scotia Plaza, 40 King Streel West Toronto, Ontario, Canada M5H 3Y4 tel.: (416) 367<;Q()() fax: (416) 367.6749 \WoW.blgcanada.cOnl '05FEB09 p~ 1 :40:!i? STEPHEN"WAQUE clreet lei.: 416 36H275 dieet fax: 416 361-2708 e-mail: I\\llque@blgcanada.com February 08, 2005 Delivered by Courier Ms. Patti Barrie, Clerk Municipality of Clarington 40 Temperance Street Bowmanville, On LIC 3K6 Dear Ms. Barrie: Re: Official Plan Amendment No. 39 of the Municipality of Clarington We represent Glen Ransom, owner of the property at 66 East Beach Road, Clarington, which is located on the south side of east Beach Road east of Darlington Road, being Lots 1 & 2, Block A, Plan H50073, former Town ofBowmanville. Attached is our appeal of the Municipality's Official Plan Amendment No. 39. As you will see,our concern with the Official Plan Amendment is that it changes the land use strategy prior to acquisition of the affected lands by the Municipality. I would be pleased to discuss this matter further with municipal representatives with the expectation that this matter might be resolved on the basis that the Municipality would agree that there should be some connection between the change in permitted land uses and the proposed expropriation. Yours truly, ~L.Jf''''~ li.P fU^ Stephen F. Waque BORDEN LADNER GERVAIS LLP ::ODMAIPCDOCSlccr\587S24\1 rr z o co ~ ~ o o ~ ~ ~ ~ < ;: ~ ~ > ~ o u z < "" o ~ z o ~ o ~ < '" < ~ ~ o ~ < ~ ~ ~ z o " > ~ < co ~ < u BORDEN LAD N E R GERVAIS -. Borden ladn", Gervais llP lawye" . Polen! & Trade-mark Agenls Scot~ Pl1z~ 40 King Street west Toronto,Orlarie, Canada M5H 3Y4 tel.: (416) 36HOOO fax: (416) 367-6749. v.ww.blgcanada.com February Og, 2005 STEPHEN WAQUE <i:ecttel.: 416367-6275 ilrectfax: 416 361-2706 lHTllIiI: sraque@blgcanada.cam Delivered by Courier Ms. Patti Barrie, Clerk Municipality ofClarington 40 Temperance Street Bowmanville, On LlC 3K6 z o '-' w ~ o o ~ ~ w ~ < 3: Dear Ms. Barrie: Re: Official Plan Amendment No. 39 of the Municipality of Clarington We represent Glen Ransom, owner of the property at 66 East Beach Road, Clarington, which is located on the south side of east Beach Road east of Darlington Road, being Lots 1 & 2, block A, Plan H50073, former Town ofBowmanville. On January 17, 2005 Council passed by-law 2005-004 adopting Official Plan Amendment No. 39 to the Clarington Official Plan. The amendment revises the Port Darlington Neighbourhood Secondary Plan to allow for the realignment of portions of Port Darlington Road and East Beach Road to enlarge the waterfront district part area. The amendment also eliminates the allowance for additional commercial uses on the south side of East Beach Road. ~ w > " o u z < > o ~ z o ~ o >- On behalf of my client I appeal this decision to the Ontario municipal Board pursuant to Section 17(36) of the Planning Act for the following reasons: < ;0 < ~ >- o 1. Section 5 of OPA 39 deletes Section 7.4 of the Secondary Plan, thereby eliminating the provision for additional commercial uses on the south side of Beach Road, which includes my client's lands. Although the municipality has indicated its intention to acquire my client's lands, it has not done so to date. This change in the range of permissible land uses is therefore inappropriate prior to acquisition of these lands by the municipality. ~ < w ~ >- z o " 2. Section 7 ofOPA 39 amends Section g.3 of the Secondary Plan by adding: "The municipality has developed an acquisition strategy selling out priority areas and timeJrames for acquisition. Council may amend the acquisition strategy based on the detailed plans for the park development." This statement indicates that the > ~ < " ~ < u acquisition strategy has not been finalized and reinforces my concern that changes in land use should not proceed the acquisition of the relevant land by the municipality. 3. The proposed changes are inappropriate in the event that the expropriation does not proceed. 4. Further changes to the land use limiting the highest and best use of my client's lands are not permissible once the expropriation process is contemplated or commenced. Accordingly, the proposed changes, in light of the served Notice of Application for Approval to Expropriate, are not proper. Yours truly, ~L~~UP j2v. StephenF. Waque BORDEN LADNER GERVAIS LLP ::ODMAIPCDOCSICcru 87397\\ Encl: Cheque for the Ontario Municipal Board's application fee. 2 v.... LL'" ...........-.. ~ AIRD & BERLlS UP Barristers and Solicitors Patent and Trade Mark Agents Christopher J. Williams Direct: 416.865.7745 E-mail: cwilliams@airdberlis.com February 8, 2005 BY COURIER Our File No.: 66148 Ms. Patti L. Barrie Clerk Corporation of the Municipality of Clarihgton 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Ms. Barrie: Re: Proposed Official Plan Amendment No. 39 Port Darlington Nelghbourhood Secondary Plan Your File COPA2004-005 As you are aware, Aird & Berlis LLP has been retained by Mr. Andrew Wiggers, of Wiggers Custom Yachts Limited and the Port Darlington Harbour Company (collectively, the "Harbour Company") in respect of the proposed expropriation of approximately 5 acres of Harbour Company lands intended to facilitate the expansion of Clarington's proposed waterfront park system. These are the same lands which are contemplated in OPA No. 39 as comprising part of Clarington's future waterfront parklands system. A Hearing of Necessity has been scheduled for April 7 and 8, 2005, at which time the necessity and appropriateness of the proposed expropriation will be determined. Until such time as the expropriation matter is determined, the scope of OPA No. 39 will remain undefined. As such, it is premature for the municipality to proceed with OPA No. 39 at this time. In addition, and as we have previously outlined in our correspondence of December 10, 2004, the expansion of the parkland area and the necessitating realignment of East Beach Road and Port Darlington Road will most certainly have a negative impact on our client's ability to continue with their existing commercial operations. Moreover, the introduction of incompatible land uses immediately adjacent to the Harbour Company's lands will further BCE Place, Suite 1800. Box 754. 181 Bay Street. Toronto. Ontario. Canada M5J 2T9 T, 416.863.1500 F: 416.863.1515 Affiliated with Owen. Bird I Vallcouver pP www.airdberlis.com February 8, 2005 Page 2 challenge the continued viable operation of our client's industrial operations by compromising any future expansion of those operations. As a result of the foregoing, and for other additional reasons previously communicated to the municipality, we appeal OPA No. 39 on behalf of our clients. In support of our appeal, please find enclosed a cheque written to the Ontario Municipal Board, in the required amount of $125.00. Yours very truly, AIRD & BERLlS LLP erJ.wmt., CJW/AD/db cc: David J. Crome, M.C.I.P., R.P.P. Director, Planning Services Franklin Wu Chief Administrative Officer Port Darlington Harbour Company Attention: A. Wiggers Wiggers Custom Yachts Ltd. Attention: A. Wiggers and B. Helmer J. Rose/E. Costello, Aird & Berlis LLP Mr. Philip H.. Meretsky, Q.C. ::OOMA IPCDOCSIDOCS\1834855\3 A r( 13 AIRD & BERUS W' '-~.;.d~--;;'- 1'_....tT.....""'*',.......u THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to adopt certain amendments to proposed Amendment No. 39 to the modification of Clartngton Official Plan WHEREAS at its meeting on April 25, 2005, Council received Addendum to Report PSD-155-04; AND WHEREAS Council considers it to be expedient to amend proposed Amendment No. 39 to the Municipality of Clarington Official Plan as recommended in Addendum to Report PSD-155-04; NOW THEREFORE the Council of The Corporation of the Municipaiity of Clarington enacts as follows: 1. That the following amendments to proposed Amendment No. 39 to the Clarington Official Plan adopted by By-law No. 2005-004 are hereby adopted by: (a) Section 1 and Section 4 to 11, inclusive, of proposed Official Plan Amendment No. 39 are deleted: and (b) the words "Marina Commercial" are deleted from the second sentence of new Section 4.4 of the Port Dartington Neighbourhood Secondary Pian which was added by section 2 of proposed Official Plan Amendment No. 39. 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to adopt certain amendments to proposed Amendment No. 39 to the modification of Clartngton Official Plan WHEREAS at its meeting on May 30, 2005, Council received Addendum #2 to Report PSD-155-04; AND WHEREAS Council considers it to be expedient to amend proposed Amendment No. 39 to the Municipality of Clartngton Official Plan as recommended in Addendum #2 to Report PSD-155-04; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. That the following amendments to proposed Amendment No. 39 to the Clarington Official Plan adopted by By-law No. 2005-004 are hereby adopted by: (a) That an additional sentence be inserted after the first sentence of the new Section 4.4 of the Port Darlington Neighbourl1ood Secondary Plan which was added by section 2 of proposed Official Plan Amendment No. 39, as follows: "Any realignment of Port Darlington Road will be located exclusively on land owned by the Municipality of Clarington." 2. This By..law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor C. Anne Greentree, Deputy Cierk ATTACHMENT U 3 TO REPORT UAd&1 c\t.trll ~-h, PSI::> -/55-0<+