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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. 534 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. 53 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; 5N 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