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HomeMy WebLinkAboutPD-61-89I DIN: 6. 5(i) TOWN OF NEWCASTLE REPORT F i I e # L) - t Res. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, March 6, 1989 REPORT #: PD-61-89 FILE #: 2.2.3 aRJECT: RURAL RESIDENTIAL DEVELOPMENT FILE: 2.2.3 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-61-89 be received for information. 1. INTRODUCTION 1.1 In the past few years the Town has experienced considerable rural residential development. The rural land base of the Town is under stress by competing, and often conflicting land uses. The purpose of this report is to provide an overview of the policy framework and the current development trends associated with rural residential uses. It is the intention of this overview to assist Council in its consideration of various rural residential proposals. 2. POLICY FRAMEWORK 2.1 Provincial Policy 2.1.1 A number of provincial policies exist in the form of Provincial Acts, Policy Statements and Guidelines, with which a municipality must consider when reviewing rural residential proposals. 56 6E ` REPORT 00.: pD-61-89 PAGE 2 3.1.3 Under the Planning Ant, the protection of the natural environment, including the agricultural base of the Province, and the management of oetozaI resources, has been identified as a matter of Provincial Interest. Under this aao»s Act the Minister of Municipal Affairs has initiated several policy statements to this effect. These are as follows: i) The Mineral Aggregate Resources Policy Statement requires municipalities to identify and protect an nnzob of its mineral aggregate resources as is practicable in recognition that it is an essential non-renewable natural resource. Part of that responsibility is to protect existing and I?oaoil/le future extraction from incompatible laud uses. ii) The Flood Plain Planning Policy Statement asserts the need for local flood plain management. iii) The proposed FoodIaud Preservation Policy Statement aims to protect and preserve Ontario's agricultural resource base. It will replace the nOntarioFoodland Guidelines" currently serving as the provincial policy document regarding agricultural lands. iv) The proposed Wetlands Policy Statement, recently released, aims to protect and preserve natural wetland areas. This will replace the "Guidelines for Wetland Management" currently serving as the provincial policy document on this matter. Under the Planning Act, Council nobaIln have regard for these Policy Statements in reviewing rural residential proposals. In this regard, the various Provincial ministries and planning staff will reference these documents in commenting to Council. 2.I.3 On December 15, 1988, the Government of Ontario passed an Act respecting the Protection of Farm Practices. This legislation, koovmz ...3 �n/ PAGE 3 2~1.3 previously as the Right-to-Farm legislation, protects a person who carries on an agricultural operation, from nuisance claims (odour, noise, dust) resulting from uo/znel farm practices. 7\ Farm Practices Protection Board is established which reviews complaints of ooi000ne which are not a zeooIt of normal farm practice. This legislation was considered necessary because of conflicts between residential uses in farming areas. It asserts the primacy of the farming operations. 2.2 Durham Region Official pIao 3.3.1 With the Planning Act and the various provincial legislative requirements in mind, the Cmzbam Region Official Plan was prepared. The plan recognizes four types of rural residential developments: farm related residential; non-farm residential; hamlet residential; and estate residential. I Farm Related Residential refers to those residences directly related to the farm operation. This includes farm-related retirement lots, lots for a son or daughter who significantly assists on the farm or surplus dwellings as the result of farm consolidation. II Non-farm Residential refers to those single family residential dwellings in agricultural areas which are unrelated to the operation of the farm. The Regional Official Plan allows for limited non-farm residential dv*sIIioga be allowed as an exception in the form of nodes or clusters identified in the %ouimJ By-law. III Hamlet Residential refers to residential development in those Hamlets designated within the Plan. , ' 0 O J ��0 ...4 REPORT NO.: PD -61 -89 PAGE 4 -_®--------------------------------------------------------------- ------- - - ---- IV Estate Residential refers to large lot residential developments occurring by registered plan of subdivision. The design of estate - residential development shall provide for a range of lot sizes directly related to the site's topography, vegetation, soil and drainage characteristics. 2.2.2 The Durham Region Official Plan further recognizes the importance of resource based activities in rural areas. Goals within the plan which stress this importance include: i) the protection of high potential mineral aggregate resources from incompatible land uses; ii) the protection and encouragement of agriculture by establishing permanent agricultural reserves; and iii) the protection of unique attributes of the Region's landscape including the Oake Ridges Moraine, the waterfronts, conservation areas, valleylands, marshes and other natural environments and recreational resources. With these goals in mind it is the intention of the plan that new residential development be encouraged to develop within the Hamlets and Urban Areas designated within the plan. 3. DEVELOPMENT TRENDS 3.1 Penturbia Land use economists describe the current settlement of rural areas as Penturbia. This term refers to a trend by middle to upper income families, usually from major cities, relocating in rural communities that have special potential for economic growth or an amenity factor. The continuation of this trend of outward migration from the cities will have a strong impact on the future growth of the Town. IffiR 569 REPORT K0.: PD-61-89 ______________________ 3.2 Building Permits PAGE 5 A review of building permit activity (Chart l) provides some evidence of this ootnvoo3 migration. It reveals a noticeable trend in rural residential development during the current building boom~ CHART I - RURAL BUILDING PERMITS BY NEW RESIDENTIAL D0ZT8 AND YEAR I0zzaI Areas (excluding Hamlets) Bcunleto 984 1985 1986 58 68 115 35 27 54 1987 1988 156 167 ff.] (73.I%) 54 208 (2G.9%) Total * 83 95 169 204 22I 772 * Excludes Wilmot Creek Development The number of building permits issued for rural areas in the past five }neora has accounted for 17.8% of the total number of new residential building permits for the Town. &Itb000b the increase in the number of building permits issued in the past five years has not been entirely unanticipated, the rate to which rural areas excluding hamlets are developing in relation to hamlets, is of concern. Part of the problem is that the growth of some hamlets has been constrained by servicing difficulties. Nevertheless, at the present time, three-quarters of all rural building activity is occurring outside of hamlets, often to the detriment of the long term viability of other rural land use activities. ...G ' U �7� ~/ / REPORT NO.: PD-61-89 ---------------------------- PAGE 6 Based on the Region's population projections and allowing for 17.80 of new residential growth to occur in rural areas, the Town can expect an increase of 1,200 new rural residential units in the next tne years. Given that this increase roughly corresponds to 1,200 acres of rural lands, it is therefore imperative that future rural residential development proposals be considered carefully in order to protect the Town's invaluable resource base. 3.3 Estate-Residential Subdivision Approvals The increase in the number of estate-residential subdivisions which have been registered in the past five years (Chart 2) indicates that approximately two-thirds of all rural subdivision lots are created in estate residential areas. There were no subdivision lots registered within hamlets for 1988. CHART 2 - SUBDIVISION REGISTRATIONS BY # OF LOTS AND YEAR Estate -Residential Hamlet Residential Total 1984 1985 1986 1987 1988 TOTAL 29 30 30 14 73 176 (64.3%) 7 29 26 36 0 98 (35.7%) 36 59 56 50 73 274 3.4 Review of the Durham Region official Plan Discussion Paper No. 2 - Rural Development Component ...7 571 3.4 3.5 3.5.1 PAGE 7 As part of the process of review of the Durham Region Official Plan, Regional Planning Staff have prepared Discussion Paper No. 2 - Rural Development Component. This paper provides background on existing policies, factors and principles which may affect the appropriateness of the policies, and suggests possible new policy directions for rural development. The review makes note of a significant trend in the location of a number of estate residential subdivisions in proximity to Major Urban Areas south of the Oak Ridges Moraine (Map #1). The review further notes that: the emergence of concentrations of estate residential development north of the Courtice Urban Area and north of the Bowmanville Urban Area is of concern as these areas take on more of a suburban than rural character. This type of development, in essence, is creating extensions to the urban areas and, in some cases, a "leap- frogging" of development. In the long run, this could adversely affect the Region's urban structure by impeding orderly urban growth and servicing. The review also noted that estate residential developments may be better located some distance from Urban Areas to ensure that premature requests for extension of municipal services are not incurred. Concentrated Estate Residential Development Concentrated estate residential development north of the Courtice Urban Area and north of the Bowmanville Urban Area have been identified by the Region as a concern. Chart #3 indicates the number of proposed and approved lots in these areas. CHART #3 Registered Regional Draft Approval Town Draft Approval Proposed to- TAL, 87 10 22 119 572 REPORT NO.: PD-61-89 PAGE 8 3.5.2 These concentrations of estate residential development have been compared to Hamlets. The Durham Regional Official Plan notes that generally Hamlets shall not grow beyond a total of 150 units. Neither of these two areas have been designated as Hamlets, yet both the areas north of Courtice and Bowmanville have either approached or have eclipsed this figure, with the number of proposed and approved estate residential units. These concentrated developments cannot be considered limited in either size or number when considered in aggregate form. 3.5.3 The proximity of these concentrated developments to Urban Areas present a number of problems for this municipality. Increased concentrated development may not only result in premature requests for municipal water and sanitary services, but may also result in a greater demand for commercial and community facilities outside designated Hamlets and Urban Area boundaries. Secondary plans are drafted for Hamlets and Urban Areas, but secondary plans have not been prepared for these piecemeal concentrations of estate residential development. Secondary plans allow for the designation of parks, schools, community facilities and commercial areas, and ensure an adequate evaluation and control of new development. 3.5.4 Problems will also be incurred if or when these developments are incorporated into the Urban Area boundaries. The piecemeal nature of these developments will inhibit the orderly expansion of future urban growth. The potential exists for well water interference problems and the constraints of developing to urban standards around large lot, unserviced development would be similar to those experienced in Courtice. 3.5.5 The Central Lake Ontario Conservation Authority have noted, with respect to concentrated estate residential development, that: ...9 573 REPORT NO.: PD-61-89 PAGE 9 3.5.5 If a given number of well spaced estate developments was to be appropriately located across the countryside, it may very well be that associated environmental impacts would be minimal, or clearly of a nature which could be mitigated through development control. Experience has shown, however, that these types of subdivisions tend to cluster after the approval of the initial application, to form larger blocks of semi-rural development. Each individual plan is produced on its own to meet established environmental criteria, however, when clustering rather than a dpacing of developments occurs, the degree of environmental impact that the immediate area must absorb is not only greater, but also more difficult to assess and effectively mitigate. This is of concern to the Authority because many of these developments have and are being proposed in areas of coldwater streams, significant wildlife habitat and/or high water table. 4. COMMENTS 4.1 Durham Region official Plan Review Recommendations The Review of the Durham Region Official Plan, Rural Development Component, recommended that the Plan be revised by: i) adding criteria to ensure that estate residential developments are well separated from urban areas and from other estate residential developments; ii) expressing density requirements which apply to only the area proposed for residential use; iii) adding criteria which limit the size of individual estate residential developments to prevent them from becoming new hamlets; iv) stating that estate residential developments blend with surrounding rural landscape and not have an undue impact on normal farming practices of adjacent farms or on those lands where there is a reasonable potential for agriculture; and V) adding a policy which provides area municipalities with option of pre-designating areas for prohibiting or allowing estate residential development in their local Official Plans. 51 REPORT N0.: 4.2 4.J°I 4.2.2 4.2.3 4.3 PD-6l-89 Town ComTeutsou the Durham Plan Review PAGE 10 In responding to the Rural Review Discussion Paper, Staff reported to Council noting that it was felt that the rural pnIioiaa contained in the Regional Official DIau are adequate. However, some of these policies needed clarification and/or elaboration so that the intent and overall planning obiIoaombv of the Region can be implemented effectively by the local municipality. Staff agreed that clearly defined Emlioima are needed to assist in the evaluation of estate residential development proposals noting that it should not be oIIovms] in areas contiguous to urban areas. In addition, Staff supported a suggestion that a maximum number of estate residential units be established ouuoaIly but, determined by the local Staff further reported that the current Region's EmIioieo identifying two classes of hamlets as growth and non-growth hamlets should be eliminated. As we are moving towards tightening our rural policies to preserve our rural reauozoea and environment, we moat balance the residential interest by providing opportunity for those who choose a rural life style living. Hamlets should be permitted to grow to afford this opportunity. It was therefore suggested that the Region arrive at appropriate policies whereby hamlets be permitted to expand provided appropriate plans were prepared, approved by the Region and incorporated as an amendment to the local Official Plan. Reviewing Estate Residential Applications When reviewing applications for estate development, it is recognized that they are to be an exception to the general policies for the rural area. Staff's analysis must examine the following potential conflicts which my arise between competing rural laud uses: 575 ...lI - REPORT N0.: PD-61-89 PAGE 11 4.3 - impact on the agricultural resource base including: noise from livestock operations and farm related machinery; odours related to both of the foregoing; sprays and fertilizers and their potential impact on the development; and the development's impact no the agricultural operation related to vandalism of crops and property damage arising from treepaao of pets, obiIdzeo and adults. - impact of development on the local eonizo,uneotv including the availability of water supply, with respect to both water quantity and water quality. - impact on the aggregate resource base including: noise from trucks and related operations; dust from the operation; and truck traffic. - methods of water disposal. - impact upon municipal services incIuding: the transportation system and the need for road construction and additional road maintenance; the availability of community services such as libraries, parks and schools; access to shopping and other professional services; zeopnuaea from emergency service departments; and the provision of special services such as mail delivery and school boa services. 5. SUMMARY The areas designated within the Dorbron Region official Plan as Urban Areas and Hamlets are the preferred areas for residential expansion. Estate residential subdivisions are recognized as e specialized housing option which is to be restricted to 9zinve sites and are to be limited in both size and number. Estate residential shall be reviewed upon the criteria contained in Appendix A to this report. These criteria most ...l3 ' J/O �7� REPORT NO.: PD-61-89 PAGE 12 __ ----------------------------------------------------------------------- be adhered to vigourously to sustain our rich resource base; prevent undue conflicts in land use; efficiently manage scarce municipal finances for services; and recognize the primacy of the rural areas for non-residential uses. Respectfully submitted, ®'®-------------- Franklin Wu, M.C.I.P. Director of Planning & Development JDB*FW*jip *Attach. February 16, 1989 _5 7 7' Recommended for presentation to the Committee JA /I Chief ----------------- Kotseff strative Officer MAP I ESTATE RESIDENTIAL DEVELOPMENT DISTRIBUTION OF APPROVED, ACTIVE AND DENIED APPLICATIONS WITHIN THE TOWN OF NEWCASTLE FROM 1974 TO 1989. LEGEND 0 APPROVED ACTIVE ❑ DENIED URBAN AREAS APPENDIX A 10.3.2 IMPLEMENTATION 10.3.2_1 An application to amend this Plan to allow for an estate - residential development proposal in accordance with Section 10.3.1.3 shall be considered on its merits and subject to the following considerations: a) The proposal maintains the character of the natural environment and is located in a scenic, well - vegetated area of rolling topography; b) The proposal preserves visual and physical public access to significant scenic vistas and physical landforms; c) The location of the proposal is such that it is not adversely affected by existing or proposed utilities, highways, airports, railways and hydro transmission lines; d) The proposal is not located on lands having high capability for agriculture, conservation and recreation, forest production or mineral extraction; e) The proposal shall not unduly restrict the use of adjacent properties for agriculture, conservation and recreation, forest production or mineral extraction; f) The proposal does not create undue adverse effects on lands identified by Regional Council, the Ministry of Natural Resources or the Ministry of the Environment as environmentally sensitive areas; g) In the opinion of-the authority having jurisdiction, the proposal does not require the undue expansion or extension of services provided by Regional Council or the Council of the respective area municipality; h) The proposal does not result in significant alteration to the landscape contours, watercourses or vegetation; i) The proposal complies with the Agricultural Code of Practice as amended from time to time; and j) The proposal is not located on lands having irreplaceable historic or cultural benefit to the community.