HomeMy WebLinkAboutPD-48-94V)
Subject: Municipality of Clarington Comments on Discussion Paper - 1110
Acre Lots"
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT PD -48 -94 be received:
2. THAT the Region of Durham Planning Department be advised that
the Municipality of Clarington, supports Option 4, outlined in
the Region's Discussion Paper which would require a
comprehensive municipal wide analysis of 10 acre lots; and
3. THAT a copy of PD -48 -94 be forwarded to the Region of Durham
Planning Department
1. INTRODUCTION
At the Council Meeting of February 14, 1994 Council received
correspondence from the Region of Durham Planning Department,
requesting comments on a discussion paper on the issue of 10
acre lots in rural areas. Council referred the correspondence
the Director of Planning and Development for review and
preparation of a report to the General Purpose and
Administration Committee. This report has been prepared in
accordance with Council's direction.
2. BACKGROUND
2.1 In recent years, the Region has had numerous inquires from the
public exploring options to create new lots within
concentrations of 10 acre lots. On January 25, 1994 the Region
of Durham Planning Department presented to Planning Committee,
531
REPORT NO.: PD -48 -94 PAGE 2
a Discussion Paper on 1110 Acre Lots ". The Discussion Paper
provided a historical overview of 10 acre lot development and
described the pattern of development in rural areas. The Paper
also presented a number of policy options to deal with the
subject matter.
3. THE DISCUSSION PAPER
3.1 Historical Overview
3.1.1 Ten (10) acre lots were created in the post war period,
as a result of the 1940 Planning Act which gave local
municipalities the power to grant individual land
severances. The Act limited the creation of parcels to
ten acres or less. The restriction was apparently
intended to limit interference with the creation of new
farms. However, the Act unintentionally caused the
creation of lots 10 acres and greater outside of the Act,
since landowners could still sever land by simply deeding
a portion of their land holdings greater than 10 acres.
This loophole together with the growth pressures and the
desire of people to move from cities into rural areas
caused a large increase in the creation of 10 acre lots,
in the 1960's.
3.1.2 In 1970, the Planning Act was amended, and placed the
entire Province under universal subdivision control,
ensuring that the creation of all new parcels would be
subject to regulations under the Planning Act. Although
the creation of new 10 acre lots ceased, the pattern of
such lots remains.
3.2 Existing Pattern of Development
3.2.1 For the purpose of the study, Regional Planning Staff
def ined 10 acre lots as lots having an area of 9.0 to
11.0 acres in size. According to the Regional Planning
532
REPORT NO.: PD -48 -94 PAGE 3
Department, there are over 1,960 10 acre lots in the
entire Region. The Municipality of Clarington has the
greatest number of 10 -acre lots (620) or 32% of all 10
acre lots in the Region, of which 140 remain vacant.
3.2.2 In order to determine the impact of such lots in rural
areas, the Paper identifies groups or concentrations of
10 acre lots. There are approximately 107 concentration
of such lots throughout the Region. Clarington possesses
34 concentrations, the largest within the Region. For the
purposes of the study, larger lot sizes, 20 acres and
greater were also examined, within the concentrations,
3.2.3 Table 1 indicates the number of 10 acre lots
concentrations in Clarington versus all other
municipalities in the Region of Durham.
r°
TABLE I
Review of Concentrations of 10 Acre Lots
Municipality
Groups
Total
Total
10 Acre
Vacant
Lots
(No.)
Area
Lots
Lots Only
Lots
> 20
(acres)
(No.)
(No.)
(No.)
Acres
(No.)
Pickering
3
368
34
30
21
2
Ajax
1
97
13
6
4
0
Whitby
18
2,653
258
231
56
3
Oshawa
4
317
29
25
10
1
«;.;:;;;;::.5 53:.;::.;;>;;:;.;;;;;>;;;>;;;>:;..
54 :::.:::...................::.:
.::::.:::::::::................
11
.. :..................::........
Scugog..........
9
1,079
111
94
27
2
Uxbridge
30
5,473
500
408
89
27
Brock
8
1,925
180
155
49
8
Total:
107
17,765
1,679
1,383
414
66
r°
REPORT -NO.: PD-48-94 PAGE 4
3.2.4 The Discussion Paper also notes that over 52% are
located within the 'Major Open Space' or 'Oak
Ridges Moraine' designations in the Durham Official
Plan. Large concentrations are also found in the
'Permanent Agricultural Reserve'.
3.3 Options
The Discussion Paper presents four options for lot development
within 10 acre lot concentrations. Options 1 through 3 provide
basic draft policies to address possible development in these
areas. The policies for each of option prohibits lot creation
in the "Permanent Agricultural Reserve" designation and on
Type 'A' arterial roads. All new lots shall be serviced with
waste disposal systems and private wells in accordance with
Ministry of Environment and Energy and the Medical Health
Office standards. In addition, each option requires
consultation with the Ministry of Natural Resources and the
relevant Conservation Authority to ensure the development does
not negatively effect environmental features. Option 4
suggests a review of the issue of 10 acre lots through a
comprehensive municipal wide analysis.
The options are provided below. The corresponding draft
policies form Attachment 1, to this report and should be read
in conjunction with the various options.
3.3.1 Option 1 - Allow Severances as Infilling
Option 1 allows severances as infilling for lots larger
than 30 acres in size within concentrations of 10 acre
lots. The recommended lot size for newly created lots is
10 acres, consistent with the existing lot pattern.
Variations of Option 1 have been presented. The sub - options specify
conditions and consideration necessary to allow infilling.
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REPORT NO.: PD -48 -94 PAGE 5
Option IA
General policies would be provided in the Regional
Official Plan for infilling, eliminating the need for a
Regional Official Plan Amendment. An amendment to the
area municipal official plan and /or zoning by -law is
suggested to define the location of individual proposals
and to provide more detail to guide or restrict further
development of 10 acre lots.
option 1H
General policies would be provided in the Regional
Official Plan, however the Plan would also provide an
upset limit for each municipality. The upset limit would
be based on a review of 10 acre lot concentrations. Lots
in "Permanent Agricultural Reserve" or located on Type
"A" arterials shall not be considered. Creation of such
lots may require an amendment to local zoning by -laws.
The potential number of lots to be created in the Region
is 80. The number allocated for the Municipality of
Clarington is 15. The number of lots to be created may be
re- examined once the upset limits are reached.
Option 1C
Lot severances would be permitted for an individual
proposal based on the submission and review of favourable
reports from a number of agencies, including the Regional
Works, Health Unit, Conservation Authority and other
provincial agencies. Although this option allows for
greater flexibility in determining lot creation, the
process would require detailed reviews of all the
reports.
3.3.2 Option 2 - Allow Concentration Extensions
Option 2 would allow creation of new lots on the edge or
as an extension to existing 10 acre lots concentrations.
The severances of 20, 3 0 , or 40 acre lots adjacent to but
not surrounded by 10 acre lots would be permitted,
provided new lots are 10 acres in size. This option may
permit a large number of new lots to be created, causing
great strips of 10 acre lots along existing roads. The
cumulative effects on the natural environment and the
possible need for further municipal services may be cause
for concern.
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REPORT NO.: PD -48 -94 PAGE 6
3.3.3 Option 3 - Allow further Division of 10 Acre Lots into
Smaller Lots
Option 3 would permit further severances of 10 acre lot
into smaller lots. The Paper notes that 10 acre lots have
already fragmented agricultural lands. The paper notes
that some residents may have purchased such lots with the
expectation that such areas would stay largely intact
while others may wish to create new lots, causing
inconsistent lot pattern in rural areas.
3.3.4 Option 4 - undertake Comprehensive Municipal Wide
Analysis
This option suggests that a review of 10 Acre Lots
through a comprehensive municipal wide analysis be
undertaken to assess need and impact of rural
development. This option is similar in nature to
policies in the 1991 Regional Official Plan which
suggests that such an analysis be undertaken. The paper
suggests that in the interim site specific amendments be
applied and each case based on its own merits.
3.3.5 Conclusions of the Discussion Paper
The basic philosophy of the Durham Regional Official Plan
is to limit the non -farm rural residential development
and encourage such development in hamlets in order to
protect the natural environment and agricultural
resources and strengthen the role of hamlets. The paper
also recognizes that there are some cases, whereby the
creation of additional lots with concentrations of 10
acre lots may have merit.
The paper concludes that it is difficult to create
specific policies to deal with each situation given that
each proposal is different. As such, the paper recommends
that Option 1 and specifically Option 1A be implemented.
This option would permit infilling based on larger
parcels up to 30 acres in size to be split into a minimum
536
REPORT NO.: PD -48 -94 PAGE 7
10 acre lot subject to a number of considerations, noted
in the policy.
4. STAFF COMMENTS
4.1 Review of official Plan Policies
4.1.1 The Official Plan of the former Town of Newcastle does
not contain policies for rural areas of the Municipality.
Until the new Official Plan is adopted, rural severances
and 10 acre lots are governed by the policies of the 1991
Regional Official Plan.
Section 12.3.16 of the Regional Plan requires the
investigation of the use of existing 10 Acre lots in
agricultural areas. The investigation shall address
compatibility of non -farm residential uses with
agricultural uses in particular conformity with the
Agricultural Code of Practice and the possible
consolidation of 10 acre lots for the efficient use of
land.
4.2 Rural Residential Development in Clarington
4.2.1 In Clarington, rural residential development contributes
to approximately 26% of the municipality's population
base. In general, ten acre lots form part large portion
of rural residential development. To simply observe 10
acre lots in isolation does not accurately reflect the
impact on the Municipality. This type of development is
largely unplanned and may have certain repercussions in
the Municipality, such as;
• higher servicing costs in rural areas and may
increase local rates of taxation;
• influencing land use in the surrounding area;
• affect the future use of natural resources;
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REPORT NO.: PD -48 -94 PAGE 8
detract from the rural landscape and scenic views;
and
• encroach on prime agricultural land and create
conflicts with agricultural operations.
4.2.2 Any new policies related to rural residential development
and preservation of the agricultural land base will have
the greatest effect on Clarington, since the Municipality
possess both a large rural population and an important
agriculture base. In keeping with the desire of the
Regional Official Plan, to preserve the agriculture land
base policies should restrict the further creation of
rural residential lots. As such, Options 1A, as
recommended by Regional Planning Staff, only suggest the
further severances of 30 lot acre lots into 10 acre lots.
Staff believe that these options do not further the
objectives of the Official Plan. Further severances do
not promote consolidation, it only contributes to further
fragmentation of the agricultural land base. The
implementation of Option 2 is not appropriate since this
option would impact parcels with agriculture value.
Option 3, allowing smaller than 10 acre parcels, may be
desirable in some situations and not others.
4.2.3 Option 4 suggests that a review of 10 acre lots would
through a comprehensive municipal wide analysis be
undertaken. This option allows each municipality to have
control of the future development of rural areas within
the municipality. Each municipality could assess the
need and the impact of 10 acre lots within the context of
rural residential development.
There may be instances where severance of 10 acre lots
may have merit. Severances may be
538
REPORT • PD-48-94 • 1
permitted if there is a possibility of land consolidation
for agricultural purposes. For example, allowing the
severance of 10 acre lots into smaller lots while
encouraging the severance of the rear portion of 10 acre
lots to permit agricultural land consolidation.
As such, Option 4 would allow for the introduction of
alternative policies, not suggested in the Discussion
Paper.
5. RECOMMENDATIONS
The 10 acre lots phenomena is common in Ontario. The impact of
the Planning Act and previous land use policies are
particularly noticeable in Clarington due to its location
adjacent to the City of Oshawa which experienced rapid growth
in the fifties and sixties. The Discussion Paper presented by
the Regional Planning offer some options to deal with the
issue. In reviewing in options, Staff believe that Option 4
would provide Clarington with an opportunity to review and
assess rural residential development and create a policies to
suitable to address rural residential development in
Clarington. Staff respectfully recommend that Council adopt
same.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
CS *DC *FW *df
*Attach
8 April 1994
Reviewed by,
44�6/'AA
W.H. Stockwell
Chief Administrative
Officer
DRAFT POLICIES Attachment #1
Option IA - Draft Policy
13.x.x Within the areas designated "Major Open Space System" outside
of urban areas and "General Agricultural Areas", minor infilling
for residential purposes may occur within existing concentrations
of large lot non -farm residential development subject to the
following conditions:
i) existing concentrations of large lot non -farm residential .
development shall be defined as an area which contains a
significant number of adjacent lots which are
approximately 4 ha (10 acres) in size and may also
contain a limited number of larger lots between 4 and
12 ha in size;
within such areas as defined in i) above, limited infilling
on existing parcels of up to approximately 12 ha in size
may be considered such that all new lots shall have a
minimum lot size of approximately 4 ha in size;
the existing parcels for infilling shall abut on either side
existing lots of approximately 4 ha in size;
iv) all new lots shall be located on an existing opened public
road but shall not be permitted on Type 'A' arterial roads
as defined on Map W;
;
V) all new lots shall be serviced with a waste disposal
system and a private drilled well which meets the
standards of the Ministry of Environment and Energy and
the Medical Officer of Health;
vi) regard shall be had for environmental features found on
the site and adjacent land such that the integrity of the
feature is not diminished. Such proposals shall be
reviewed by the Ministry of Natural Resources and
respective Conservation Authority;
X40
vii) the existing parcels for infilling shall be specifically
identified in the area municipal official plan and zoned in
the zoning by -law in a special zoning category prior to
any approvals being granted by the Land Division
Committee; and
viii) the respective area municipal official plan may contain
more detailed policies with respect to the provisions of
this Section or may contain policies which would further
restrict such development."
This Option could be adjusted to only require a rezoning by replacing policy
13.x.x.vii) above with the following:
"vii) the existing parcels for infilling shall be zoned in a zoning by-
law in a special zoning category."
Option 1B - Draft Policy
" 13.x.x Within the areas designated "Major Open Space System" outside
of urban areas and "General Agricultural Areas ", minor infilling
for residential purposes may occur within existing concentrations
of large lot non -farm residential development subject to the
following conditions:
i) existing concentrations of large lot non -farm residential
development shall be defined as an area which contains a
significant number.of adjacent lots which are
approximately 4 ha (10 acres) in size and may also
contain a limited ,number of larger lots between 4 and
12 ha in size;
within such areas a defined in i) above, limited infilling
on existing parcels of up to approximately 12 ha in size
may be considered such that all new lots shall have a
minimum lot size of approximately 4 ha in size;
the existing parcels for infilling shall abut on either side
existing lots of approximately 4 ha in size;
541
iv) all new lots shall be located on an existing opened public
road but shall not be permitted on Type 'A' arterial roads
as defined on Map 'A';
V) total number of new lots created through this policy shall
not exceed the following limits:
Town of Ajax
5
Township of Brock
10
Municipality of Clarington
15
City of Oshawa
5
Town of Pickering
5
Township of Scugog 10
Township of Uxbridge 25
Town of Whitby 5
vi) all new lots shall be serviced with a waste disposal
system and a private drilled well which meets the
standards of the Ministry of Environment and Energy and
the Medical Officer of Health;
vii) regard shall be had for environmental features found on
the site and adjacent land such that the integrity of the
feature is not diminished. Such proposals shall be
reviewed by the Ministry of Natural Resources and
respective Conservation Authority;
viii) the existing parcels for infilling shall be zoned in the
zoning by -law in a special zoning category which states
that the provisions of Section 13.x.x are being utilized
prior to any approvals being granted by the Land Division
Committee; and
J42
ix) the respective area municipal official plan may contain
more detailed policies with respect to the provisions of
this Section or may contain policies which would further
restrict such development."
Option 1C - Draft Policy
13.x.x Within the areas designated "Major Open Space System" outside
of urban areas and "General Agricultural Areas", minor infilling
for residential purposes may occur within existing concentrations
of large lot non -farm residential development subject to the
following conditions:
i) existing concentrations of large lot non -farm residential
development shall be defined as an area which contains a
significant number of adjacent lots which are
approximately 4 ha (10 acres) in size and may also
contain a limited number of larger lots between 4 and
12 ha in size;
within such areas as defined in i) above, limited infilling
on existing parcels of up to approximately 12 ha in size
may be considered such that all new lots shall have a
minimum lot size of approximately 4 ha in size;
iii) the existing parcels for infilling shall abut on either side
existing lots of approximately 4 ha in size;
iv) all new lots shall be located on an existing opened public
road but shall not be permitted on Type 'A' arterial roads
as defined on Map 'A'; .
v) all new lots shall be serviced with a waste disposal
system and a private drilled well which meets the
standards of the Ministry of Environment and Energy and
the Medical Officer of Health;
X43
vi) regard shall be had for environmental features found on
the site and adjacent land such that the integrity of the
features are not diminished. Such proposals shall be
reviewed by the Ministry of Natural Resources and
respective Conservation Authority;
vii) approval by the Land Division Committee of a specific
application shall not be provided unless satisfactory
reports are received from all of the following agencies:
a) Regional Municipality of Durham Planning
Department including consultation with the Works
Department and Department of Health;
b) area municipality in which the application is located
and any other municipality which is adjacent to or
may be impacted by the proposed severance;
C) Ministry of Agriculture and Food;
d) Ministry of Natural Resources;
e) Conservation Authority.
Option 2 - Draft Policy
13.x.x Within the areas designated "Major Open Space System" outside
of urban areas and "General Agricultural Areas", the Plan
recognizes there are existing concentrations of large lot non -farm
residential development. Infilling or minor extension may be
permitted within such areas subject to the following conditions:
i) existing concentrations of large lot non -farm residential
development shall be defined as an area which contains a
significant number of adjacent lots which are
approximately 4 ha (10 acres) in size and may also
contain a limited number of larger lots between 4 and
12 ha in size;
544
within and adjacent to such areas as defined in i) above,
infilling on and/or limited extensions to existing parcels
of up to approximately 12 ha in size may be considered
for residential purposes such that all new lots shall have a
minimum lot size of approximately 4 ha in size;
all new lots shall be located on an existing opened public
road but shall not be permitted on Type 'A' arterial roads
as defined on Map 'A';
iv) all new lots shall be serviced with a waste disposal
system and a private drilled well which meets the
standards of the Ministry of Environment and Energy and
the Medical Officer of Health;
V) regard shall be had for environmental features found on
the site and adjacent land such that the integrity of the
features are not diminished. Such proposals shall be
reviewed by the Ministry of Natural Resources and
respective Conservation Authority;
vi) the existing parcels for infilling shall be zoned in the
zoning by -law in a special zoning category which states
that the provisions of Section 13.x.x are being utilized
prior to any approvals being granted by the Land Division
Committee; and
vii) the respective area municipal official plan may contain
more detailed policies with respect to the provisions of
this Section or may contain policies which would further
restrict such development."
Option 3 - Draft Policy
13.x.x Within the areas designated "Major Open Space System" outside
of urban areas and "General Agricultural Areas", infilling for
residential purposes may occur within existing concentrations of
large lot non -farm residential development subject to the
following conditions:
i) existing concentrations of large lot non -farm residential
development shall be defined as an area which contains a
significant number of adjacent lots which are
approximately 4 ha (10 acres) in size and may also
contain some smaller lots less than 4 ha in size and a
limited number of larger lots between 4 and 12 ha in size;
within such areas a defined in i) above, further lot
creation may be considered subject to:
a) all new lots shall be located on an existing or new
opened public road but shall not be permitted on
Type 'A' arterial roads as defined on Map 'A';
b) all new lots shall be serviced with a waste disposal
system and a private drilled well which meets the
standards of the Ministry of Environment and
Energy and the.Medical Officer of Health;
c) regard shall be had for environmental features found
on the site and adjacent land such that the integrity
of the features are not diminished. Such proposals
shall be reviewed by the Ministry of Natural
Resources and respective Conservation Authority;
d) the existing parcels for infilling shall be zoned in the
zoning by -law in a special zoning category which
states that the provisions of Section 13.x.x are being
utilized prior to any approvals being granted by the
Land Division Committee; and
iii) the respective area municipal official plan may contain
more detailed policies with respect to the provisions of
this Section or may contain policies which would further
restrict such development."
546
iv) Option 4 - Undertake a Review of the Issue of 10 -Acre Lots Through a
Comprehensive Municipal -Wide Analysis
a) The new Durham Region Official Plan introduces the concept of a
municipal -wide analysis to assess the need for, amount and impacts of
various form of rural development. The Ministry also modified the
Plan to identify a rural population target for the Region. Individual
rural non -farm severances, of which the issue of 10 -acre lots is but one
component, are not specifically identified as being part of a municipal -
wide analysis. Such development, however, is to be part of the overall
rural population target for each municipality. It could be argued that
the issue of the division of lots within concentrations of 10 -acre lots is
part of the larger issue of the amount, type and location of rural
settlement development in general. As a result, in this option, the issue
of development potential, or otherwise, as discussed in this paper, would
be considered on a municipality-by- municipality basis as part of a more
comprehensive municipal -wide study. The existing provisions of the
Durham Region Official Plan requiring a site - specific amendment
application would prevail in the interim.
547