HomeMy WebLinkAboutPD-111-99
.,. DN, PD~l1-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting:
General Purpose and Administrative Committee
File#'])Oq
Res. # &'ff1~ tit/) -97
Date:
Monday, October 4, 1999
Report #:
PD-l11-99
File #: ROP A 99-005
By-law #
Subject:
PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL
PLAN RESPECTING COMMUNAL W ATERAND SEWER SERVICES
FILE: ROP A 99-005
Recommendations:
It is respectfully recommended that the General Purpose and Administrative Committee
recommend to Council the following:
1. THAT Report PD-1l1-99 be received;
2. THAT the Region of Durham be advised of the following:
a) THAT the Municipality of Clarington supports ROPA 99-005 only as it would
pennit the limited use of communal services in the rural area where it is deemed
necessary to deal with a health or environmental problem caused by failed private
wells and/or septic systems, and only after all other options to address the
problem have been exhausted;
b) THAT the Municipality of Clarington does not support ROP A 99-005 as it relates
to the use of communal servicing systems for new rura1 development;
3. THAT a copy of Report PD-III-99 and Council's decision be forwarded to the Durham
Region Planning Department, and the interested parties listed in this report.
1. BACKGROUND
1.1 Section 5.3.29 of the Durham Regional Official Plan requires the Region to undertake a
feasibility study regarding the provision of full or partial communal systems to hamlets,
country residential developments, rura1 employment areas and regional nodes in the rura1
area. This policy was added by the Province in 1993 when the Regional Plan was
approved.
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REPORT NO.: PD-111-99
PAGE 2
1.2 The Region retained the consulting firm of Proctor and Redfern in 1996 to undertake a
Communal Services Technical Feasibility Study. The Study examined a number of
options for the provision of full or partial communal systems to hamlets, country
residential development, rural employment areas and regional nodes in the rural areas,
including the costs and financing of such systems.
1.3 The completed study was submitted to the Region in 1998. The Study provided the
following conclusions:
. except for the Oak Ridges Moraine, groundwater supplies suitable for domestic use
are not abundant throughout Durham Region;
. there are limited opportunities for the discharge of sewage effiuent to surface water
due to distance from appropriate receiving water bodies;
. the long term impacts of discharging treated sewage effiuent into large scale tile
fields is unknown;
. three distinct aquifers present along the south slopes of the Moraine offer
opportunities for communal servicing for both water supply and the disposal of
sewage effiuent;
. the complexities of Durham's geology and the variable extent of aquifers requires that
extensive site specific examination be undertaken to ensure that sustainable
conditions exist for communal water and sewage disposal systems;
. communal servicing options tend to be considerably more expensive on a per unit
basis than private systems or urban municipal systems;
. current Provincial policy requires that the Region either own or agree to assume
responsibility for any communal system in the event of default by the owner;
. the Region should only consider Regionally-owned and operated communal systems
where there is a need to remedy a health problem or rectify environmental
degradation.
1.4 Regional Staff brought forward a report in December 1998 with a proposed amendment
to the Regional Official Plan that would provide for the consideration of the use of
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REPORT NO.: PD-111-99
PAGE 3
communal servicing systems within the established rural settlement structure only where
deemed necessary to remedy a health problem or rectify environmental degradation
caused by failed private well and/or septic systems, and where all other alternatives have
been exhausted. Eventually, in May 1999, the Regional Tri-Committee (planning, Works
and Finance) directed Regional Staff to revise the proposed amendment to also permit the
consideration on a case-by-case basis, of privately owned and operated communal
servicing systems to service development that Regional Council deems to be of
"significant benefit" to the Region. Such developments however, would not be permitted
on lands designated Oak Ridges Moraine or Permanent Agricultural Reserve in the
Regional Plan. The proposed amendment has been forwarded to all area municipalities
and relevant agencies and provincial ministries for comment.
2. OVERVIEW OF PROPOSED OFFICIAL PLAN AMENDMENT
2.1 The proposed Official Plan Amendment has essentially two main parts (see Attachment
No.1). The first part, which involves replacing the existing Section 5.3.29 with a new
policy, addresses the use of communal systems to rectify existing environmental and/or
health problems, subject to the requirements of Section 3.3.12 and 3.3.13. These two
sections set out the parameters by which solutions to contaminated wells in rural areas
can be assessed. The emphasis is placed on addressing measures to mitigate the
contamination rather than the provision of new and/or expanded municipal services.
2.2 The second part of the proposed amendment would permit Council to consider, on an
individual basis and by amendment to the Plan, the use of privately owned and operated
communal services, where Council deems the development to be of significant benefit to
the Region (new Section 5.5.30). The term "significant benefit" is defined as high quality
destination resort/recreational/tourism uses, which may include small scale residential
condominium development accessory to the main use.
2.3 Development on private communal systems would not be permitted on either the Oak
Ridges Moraine or the Permanent Agricultural Reserve. The applicant must submit a
report providing:
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REPORT NO.: PD-111.99
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. an evaluation of the benefits accruing from the proposed development;
. an evaluation of servicing altematives for the site and the suitability of the site for
communal services;
. an inventory of possible environmental impacts;
. proposed procedures for maintaining and operating the system, including monitoring
and a system failure contingency plan; and
. an analysis of the potential economic/fiscal impact of the communal servicing system
on the Region's finances.
The owner must also enter into an Agreement with the Region addressing, among other
matters, standards for the design, construction, operation and maintenance of the system,
and financial guarantees in the event of default by the owner.
2.4 The proposed amendment would also delete policies in various sections of the Official Plan
which provide for the consideration of communal servicing systems for hamlets (Sections
13.3.5 and 13.3.6), country residential subdivisions (Section 13.3.20), and Regional Nodes
(Section 15.2.4). These policies would no longer be required in light of the new Section
5.3.30 as proposed by the draft amendment.
3. AGENCY COMMENTS
3.1 Central Lake Ontario Conservation Authority
The Authority advised the Region that they had no objection to the first part of the
amendment (communal services to address health and environmental problems), but do not
support the balance of the amendment. Authority Staff noted in their report to the Authority
Board that water management strategies addressed through watershed and subwatershed
studies are intended to accommodate plauned growth in the settlement areas defined in the
Official Plan. These studies have not anticipated unplauned growth in the rura1 area of a
scale that would make communal servicing viable. It was also noted that the Region's
groundwater resources and their ability to sustain intensive recreational and residential uses
have not been studied in any comprehensive mauner. Such studies could lead to an aqnifer
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REPORT NO.: PD-111-99
PAGE 5
management program designed to ensure adequate protection and sustainability of the
groundwater supply.
3.2 Other Area Municipalities
Councils of the City of Oshawa, the Town of Whitby, and the Town of Ajax advised the
Region that they support the portion of the proposed amendment which would permit the
consideration of conununal systems to deal with health or environmental problems
associated with existing rural developments. They further advised the Region that they do
not support the balance of the proposed amendment which would permit conununal systems
to be considered where the development is deemed to be of significant benefit to the Region.
The Town of Pickering has not yet submitted conunents to the Region on the draft Official
Plan Amendment
4. PUBLIC COMMENTS
4.1 Correspondence received by the Region and the Municipality has identified the following
concerns with the proposed Official Plan amendment:
. increased pressure for urban sprawl into the rural area;
. the provision of subsidies to replace failing septic and well systems may be cheaper than
providing expensive municipal services to rural residents;
. an increase in groundwater use should not be considered without detailed information
about groundwater flows in the Region and an aquifer and well management program;
. the definition of "significant benefit" has primarily attracted interest in the development
of golf course lifestyle conununities;
. it will be costly and difficult to negotiate and enforce agreements with developers to
ensure adequate financial securities are available to cover default and remediation given
all the unknowns.
4.2 Conunents have also been received from two development groups interested in developing
golf courses in association with rural residential development These types of developments
are being promoted as "lifestyle conununities" geared to the ageing Baby Boom generation.
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REPORT NO.: Po-l11.99
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ClubLink Corporation noted that they have successfully implemented communal servicing
technology systems at four sites in Ontario. They noted that the servicing costs related to
communal systems are relatively high and generally require a minimum of 80 to 100
residential units to be financially viable.
5. STAFF COMMENTS
5.1 Staff have no objection to the first part of the amendment which would permit the use of
communal systems to address health problems resulting from contaminated groundwater
or environmental degradation. The proposed policy recognizes the potential financial
burden to the Region resulting from communal systems by specifying that their use
would only be permitted in exceptional circumstances and where all other options to
rectify the problem have been exhausted. In this regard, the proposed amendment would
implement the recommendations of the Communal Services Technical Feasibility Study.
5.2 Staff do not support the second part of the amendment which would permit Regional
Council to consider the use of communal systems for developments deemed to be of
significant benefit to the Region. Stafl's primary concerns with this. policy direction are
as follows:
. the undermining of Regional structure and growth management policies
. increasing the size of rural development projects
. interpretation of what can be deemed a "significant benefit to the Region"
. potential cumu1ative effects of development on the Region's acquifers.
5.3 The main goal of this policy is to attract high quality commercial ventures such as golf
courses, resorts or tourist attractions in part by providing for associated residential facilities
such as condominiums and executive housing. These rural "lifestyle" developments are
seen as increasingly popular. The Wilmot Creek Retirement Community is the only
development of this type in Clarington but is connected to municipal water and sanitary
sewer services. It was originally approved as a rural development but was incorporated into
an urban area at the time of the 1991 Regional Official Plan.
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REPORT NO.: Po-lll-99
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5.4 Regional Structure and Growth Management
The current growth management policy of the Regional Official Plan is to direct the
majority of growth to serviced urban communities, with limited rural growth to be
focused on hamlets. Other opportunities for small scale development in the rura1 area,
such as Country Residential subdivisions and Rural Employment Areas, are provided for.
The Plan provides for the maintenance of distinct urban and rural areas, and protects the
Region's natural heritage areas and resource activities such as agriculture and aggregate
extraction from incompatible development.
The establishment of larger developments in the rural area which are not of a rura1 nature
could erode the distinction between the urban and rura1 areas of the Region. As well, by
directing such development away from lands designated Oak Ridges Moraine and
Permanent Agriculture Reserve, the proposed amendment would be directing these uses
to those areas designated Major Open Space and General Agriculture. The Green Space
designation applies generally to the Lake Iroquois Beach and the urban separator lands
between the major urban conglomerates, specifically between Whitby/OshawalCourtice
and Ajax/Pickering on the west and Bowrnanville on the East. Directing "lifestyle"
developments to these areas erodes the greenbelt function of these lands.
Courtice and Bowrnanville are flanked by such lands and could potentially expand into
parts of these areas in the future. Any development in these areas that has substantial
capital investment in communal servicing systems cannot be considered as temporary and
could therefore potentially interfere with the efficient expansion of urban areas in the
future.
5.5 Increasing the Size of Rural Developments
Given that the minimum size of a communally serviced residential development would be
in the order of 80-100 units, these developments could absorb much of the growth
intended for hamlets and other approved rura1 residential areas. In the Clarington Official
Plan, provision is made for only 80 country residential (estate) lots within the next 15
years with a maximum size of 20 lots. Increased sizes of developments to make
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REPORT NO.: PD.111.99
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communally services financially viable would require changes to the Clarington Official
Plan and lead to developments rivaling or exceeding the size of existing hamlets.
Regional Planning Staff has noted that, across the Region, there are approximately 400
vacant Country Residential Subdivision lots and 330 vacant hamlet residential lots. At
current absorption rates, these lots represent a 40 year and a 17 year supply respectively.
Therefore, not only are rural "lifestyle" residential developments on communally services
not needed to meet the rural growth targets set out in the Regional Official Plan, they
could seriously undermine the Plan's thrust to direct rural residential growth to hamlets.
It would be more beneficial for the communal services to be installed in existing hamlets
to deal with existing health problems and provide for growth in these areas.
5.6 Interpretation of "Significant Benefit"
The proposed amendment defines "significant benefit" as:
"primary uses that are new high quality destination resort/recreation/tourism uses
that enhance the prestige of the region, generate employment, attract investment,
diversify the Regional economic base, require alternative non-urban locations and
complement the character of the natural and cultural rural landscape."
This definition is intended, in theory, to permit only very unique developments to
proceed on communal services. In this regard, the criteria provided within the definition
should be very stringent and serve to filter out all but the most distinctive developments.
Instead, the criteria are very general and almost any proposed development would be able
to meet these tests. Staff are concerned that, given the lack of specificity and rigour in
the definition of "significant benefit", it would be almost impossible to deny an
application for new rural development on communal services. Virtually any application
with a golf course would seem to comply.
5.7 Potential Impact on Aquifers and Groundwater Resources
Staff share CLOC's concern regarding the potential cumulative effects of such development
on the Region's aquifers and groundwater resources. The proposed amendment would
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REPORT NO.: PD-111-99
PAGE 9
require the proponent to study the possible impact from the proposed services, and the
suitability of the site for communal systems. However, the proponent would not be
required to undertake a study of the entire aquifer to assess the potential cumulative effects
of the proposed development on the sustainability of the aquifer, in particular the effect of
large scale water taking and the discharge of sewage effiuent from large tile fields. In the
absence of such comprehensive studies and aquifer management programs, the long term
effects of such developments on the Region's groundwater resources and the aquatic and
terrestrial ecosystems they support, cannot be determined.
6. CONCLUSIONS
6.1 The use of communal systems to service rura1 development has the potential to seriously
undermine the planned structure of rural areas and possibly the efficient future expansion of
urban areas. As well, the use of communal systems should not be approved without
adequate information on their long term environmental effects. In this regard, the first part
of the proposed Official Plan Amendment which would provide for communal services to
rectifY existing problems, can be supported. This option would only be pursued where all
other viable alteruatives have failed. However, there is no valid planning basis to support
the second part of the proposed amendment, which would pennit communal systems to be
considered for new rura1 development.
. Crome, M.C.I.P., R.P.P.
or of Planning & Development
Reviewed by,
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. ill U, M.C.I.P., R.P.P.,
f Chief Administrative Officer
DJC*jip
September 28, 1999
Interested parties to be notified of Council and Committee's decision:
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bL3
Attachment No. 1
Actual
Amendment: The Durham Regional Official Plan is hereby amended by:
A) deleting Section 5.3.29, which provides for the preparation of a
communal systems feasibility study, in its entirety, and replacing
it with the following new policy:
"5.3.29
Regional Council may consider the limited use of new Regionally
owned and operated communal systems for water supply and/or
sanitary sewerage in rural settlements where Council deems it
necessary to deal with a health or environmental problem. The
installation of a communal system in this circumstance shall be subject
to the principles of Sections 13.3.12 and 13.3.13.
B) renumbering policies 5.3.30, 5.3.31 and 5.3.32 and adding a new
Section 5.3.30 as follows:
"5.3.30
Regional Council may also consider, on a case by case basis and by
amendment to this plan, the approval of a privately owned and
operated communal system for water supply and/or sanitary sewerage
in limited circumstances where Council deems that the development
will be of significant benefit to the Region.
For purposes of this policy, significant benefit to the Region describes
primary uses that are new high quality destination
resort/recreational/tourism uses that enhance the prestige of the
Region, generate employment, attract investment, diversify the
Regional economic base, require alternative non-urban locations and
complement the character of the natural and cultural rural landscape.
Small scale residential condominium development may be considered
as secondary to an established primary use. Scale shall be
determined considering the size of hamlets as the predominant
location for rural settlement; how well the development integrates with
the primary use, and fits the natural environment and character of the
rural landscape; and the viability of the project.
The consideration of development on a privately owned and operated
system shall be subject to the following:
oi4
a) the proposed development not being located on the Oak Ridges
Moraine and the Permanent Agricultural Reserve;
b) the application being accompanied by a report prepared by a
qualified professional providing:
i) an evaluation of the benefits of the proposed development to
the Region;
ii) a land use impact assessment addressing the matters
identified in Section 13.3.6;,
iii) an evaluation of alternatives for servicing the site;
iv) an inventory of the environmental characteristics of the site
and possible impacts from the proposed services;
v) an evaluation of the suitability of the site for communal
systems including the capability of the soils to support the safe
and long-term use of private sewerage systems and the long-
term availability of water of sufficient quality and quantity
without adversely affecting existing wells;
vi) an evaluation of alternative communal systems;
vii) a preliminary design of the preferred communal system,
including collection and distribution systems, water treatment,
sewerage treatment and disposal systems to municipal
standards;
viii) systems maintenance and operations procedures and
protocols, monitoring program and system failure contingency
plan; and,
ix) an economiclfiscal impact analysis addressing the provisions
of Section 6.
c) the owner entering into a Responsibility Agreement with the Region
providing for, among other matters:
i) design and construction of the communal system to Regional
and the Ministry of the Environment standards;
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"13.3.5
ii) financial guarantees to ensure that no Regional funds are
required for the construction, maintenance, operation, repair,
replacement or upgrading of the communal system(s) in the
event of default by the owner and to mitigate risk associated
with environmental liability;
iii) a definition of default; and
iv) operation and maintenance standards to the satisfaction of the
Region and the Ministry of the Environment including
easements, rights of entry for inspection and monitoring."
,
C) in light of the new Section 5.3.29, which enables the
consideration of Communal Systems for rural settlements, and
new Section 5.3.30, which enables the consideration, on a case
by case basis, of the use of privately owned and operated
communal systems, deleting parts of the second sentence of
Section 13.3.5, which are no longer required, such that the
Section now reads as follows:
Development within hamlets shall be individually serviced with private
drilled wells and private sewage disposal systems where ground water
quantity and quality permits and in compliance with the standards of
the Region and the Ministry of the Environment and Energy. Subject
to Section 5.3.28, development may occur on communal 3y3tcm3.
Municipal water service may be extended to a hamlet, without an
amendment to this Plan or the area municipal official plan, in
accordance with Sections 13.3.11 and 13.3.12 and provided a
settlement capacity study as outlined in Section 13.3.6 has been
undertaken. In addition, notwithstanding any other provisions of this
Plan, where municipal water is to be extended, the capacity of such
service shall be designed to service only the hamlet area delineated in
the area municipal official plan."
0) in light of the new Section 5.3.29, which enables the
consideration of Communal Systems for rural settlements, and
new Section 5.3.30, which enables the consideration, on a case
by case basis, of the use of privately owned and operated
communal systems, deleting subsection i) in Section 13.3.6,
which is no longer required, and renumbering subsection j) to i)
such that the Section now reads as follows:
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"13.3.6
The delineation of the limits of a hamlet, and the details of the land
uses to be permitted within a hamlet shall be incorporated in the area
municipal official plan following the conclusions and recommendations
of a settlement capacity study to the satisfaction of the Region, the
conservation authority and the Ministries of the Environment and
Energy and Natural Resources which shall include a cumulative impact
assessment of the following:
a) an analysis of the hydrogeological regime in the area to determine
the availability and quality of groun~ water on a long-term basis;
b) an assessment of the impact of future development on existing
ground water quantity and quality and on existing sources of
drinking water, including municipal, communal and private wells;
c) an assessment of the long-term suitability of the soil conditions for
the effective operation of private sewage disposal systems;
d) an identification of any existing restrictions to future development;
e) an assessment of surface drainage;
f) an inventory of cultural heritage resources and an assessment of
how new growth will be complementary to, and consistent with, the
historic character of the area;
g) an environmental inventory and assessment of the impact of new
growth on the natural, built and cultural environments;
h) a statement of conformity with the Agricultural Code of Practice;
i) 8F1 asscssmcFlt af scrviciFlg altcmativcs sucl9 as COFllfl'lUFlal
systcms; and
j) an assessment of the impact on agricultural lands and identification
of directions for growth which will minimize such impacts."
E) in light of the new Section 5.3.30, which enables the
consideration, on a case by case basis, of the use of privately
owned and operated communal systems, deleting the second
sentence of Section 13.3.20, which is no longer required, such
that the Section now reads as follows:
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"13.3.20
Country residential subdivisions shall be individually serviced with
drilled wells and private sewage disposal systems which comply with
the standards of the Region and Ministry of the Environment and
Energy. Subject to eOfflpletion of the feasibility study ....itM respect to
the pra...isi(')R af full or partial COfflffluflal sy-steffls if! aeeereaflee ';vilh
[;ecticlfl S.3.20, clustering 'witl'!In eoufltry residefltial SUbdivisions fflay
bc efleeUFagcd to allo',,' for seRl'icing by eOfflmuflal ',vater afld sewage
Systcfl.3 afld as a fflcans of protecting cfl'v'ironfflef!tal features"; and
F) in light of the new Section 5.3.30, which enables the
consideration, on a case by case basis, of the use of privately
owned and operated communal syste~s, deleting the second.
sentence of Section 15.2.4, which is no longer required, such that
the Section now reads as follows:
"15.2.4
Regional Nodes within rural areas shall be serviced with private drilled
wells and a private waste disposal system. Ile'Never, l1egienal tJedes
may be alle'....ed to de','elop Ofl the basis of ffluflieipal or eOffiffiUflal
systcfflS 'v..Miel'! eOfflply "itl'! the stafldares of the Miflistl'Y of tl'!e
[Fl'ilil'Gflffieflt and [fleFgY and the l1egion subject t5 the eOfflpletion of
the feasibility sttJdy idefltified ifl [;ecliofl 5.3.20."
Implementation: The provisions set forth in the Durham Regional Official Plan, as
amended, regarding the implementation of the Plan shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Durham Regional Official Plan, as
amended, regarding the interpretation of the Plan shall apply in regard
to this Amendment.
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