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HomeMy WebLinkAbout2004-258 . ~:CLI ~-r:U--( ( THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- 7';8 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 Councii 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 Darlington Road and East Beach Road to enlarge the Bowmanville waterfront district park; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of Clarington enacts as follows: 1. That Amendment No. 39 to the Clarington Official Plan being the attached Explanatory Text is hereby approved; and 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 13 day of December 2004 BY-LAW read a second time this 13 day of December 2004 BY-LAW read a third time and finally passed this 13 day of December 2004 (2/:t~ John utlQn, M",yoc AMENDMENT NO. 39 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: 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. BASIS: The Amendment is based upon the detailed design development for the parkland and road alignment, resulting from engineering and hydraulic, shoreline and wetland studies. 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 `local 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 district park configuration." 3. By renumbering 4.4 to 4.5. 4. In Section 6.3, by replacing the word "Facility" with "Facilities". 5. By deleting 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 sentence, 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 sta-ndards may be altered to provide for park related features." 9. In Section 13.2, by adding the word " boardwalks" to the second bullet so that the second bullet reads as follows: "bridges/boardwalks". 10. In Section 13.2 by adding an additional bullet: "flood, erosion and conservation 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 Act, the Conservation Authorities Act, the Federal Fisheries Act or any 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 apply in regard to this Amendment.