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HomeMy WebLinkAbout2005-059 . - . 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 ~~ ~MClYOr':',,' . . / -. 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.