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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005- 059
being a By-law to adopt Amendment No. 42, 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 Corporation of the Municipality of Clarington deems it advisable to amend
the Clarington Official Plan to permit the creation of a new lot for an existing dwelling deemed
surplus to the farm operation;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 42 to the Clarington Official Plan being attached Explanatory Text
is hereby adopted.
2. That this By-law shall come into force and take effect on the date of the passing hereof.
BY-LAW read a first time this
18
day of
April
2005
BY-LAW read a second time this
18
day of
April
2005
BY-LAW read a third time and finally passed this 18
day of April
2005
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ATTACHMENT
AMENDMENT NO. 42
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 at
2523 Regional Road 42, in Part Lot 35, Concession 5, former Township of
Clarke.
BASIS:
The Amendment is based on an application submitted by Robert Craig on
behalf of Tony and Thea Vissers to permit the creation of a surplus dwelling
lot from a 56.4 hectare farm parcel. The approval of this application is based
on commitments made by the owner and the applicant as follows:
. The owner and the applicant have agreed to the dedication of a 0.3
metre reserve around the retained parcel (farm) with only a 10 metre
(non-residence farmland access, one on each frontage) as a condition
of land division; and
· The owner and applicant have agreed not to object to any future
rezoning which would prohibit residential uses on the retained parcel
(farm).
Council is satisfied that the owner 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 Glarington Official Plan is hereby amended as follows:
1. By adding the following exception In Section 13.3.10 _ Table 13.1
as follows:
Exception Assessment No.
Legal Description
Area of Surplus
Dwelling Lot
(ha)
Area of
Remainder of
Land (ha)
5
Pt. Lot 35, Cone. 5,
030-050-21500-0000 former Township
of Clarke
0.42
56.4
IMPLEMENTATION: The provisions set forth in the Glarington Official Plan, as amended,
regarding the implementation of the Plan, shall apply in regard to this
amendment.
INTERPRETATION: The provisions set forth in the Glarington Official Plan, as amended,
regarding the interpretation of the Plan, shall apply in regard to this
amendment.