HomeMy WebLinkAbout2005-004
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-004
Being a by-law to adopt Amendment No. 39 to the Clarington
Official Plan and to repeal By-law 2004-258
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 Darlington Road and East Beach Road to
enlarge the Bowmanville waterfront district park;
NOW THERFORE 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 effect on the date
of the passing thereof; and
3. That By-law 2004-258 is hereby repealed.
By-law read a first and second time this 17th day of
January 2005
By-law read a third time and finally passed this 17th day
of January 2005
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C '. - n Mutton, :Mayor
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ATTACHMENT 3
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 '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 district park
configuration."
3. By renumbering 4.4 toA.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."
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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, S0 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 bullet so that
the second bullet reads as follows: "bridges/boardwalks".
1 O. 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.
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