HomeMy WebLinkAboutPD-123-94Meeting: General Purpose and Administration Committee File # __Q09 . 0 hr). i�. Q) C)
Date: Monday, October 3, 1994 Res• # v P f-� APO 6iq
Report #: PD-123-94 File #: OPA 94 -D /005 By-Law #
AMENDMENT NO. 4 TO THE DURHAM REGION OFFICIAL PLAN
Subject: 1110 ACRE LOTS"
FILE: OPA 94 -D /005
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 123 -94 be received;
2. THAT the Minister of Municipal Affairs be advised that the
Municipality of Clarington has no objection to approval of
Amendment No. 4 of the Region of Durham Official Plan; and
3. THAT the Ministry of Municipal Affairs and the Region of Durham
Planning Department be forwarded a copy of this report and
Council's resolution.
1. BACKGROUND
1.1 On April 18, 1994 Staff presented Report PD -48 -94 regarding a
Discussion Paper prepared by the Region of Durham's Planning
Department on 10 acre lots.
The Discussion Paper provided an historical overview of 10 acre
lots and described the pattern of development in rural areas. The
Paper also presented a number of policy options to deal with the
subject matter, in the Region of Durham Official Plan.
1.2 In June 22, 1994 Regional Council approved Amendment No. 4
(Attachment #1) to the Region of Durham Official Plan regarding 10
acre lots in rural areas. On August 29, the Ministry of Municipal
Affairs circulated the Municipality, requesting comments on
Amendment No. 4.
2. OVERVIEW OF AMENDMENT NO. 4
2.1 The Amendment relates to large lots within or abutting existing
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REPORT NO.: PD- 123 -94 PAGE 2
concentrations of 10 acre lots. The Amendment allows area
municipalities to consider infilling within and /or extensions to
such concentrations, provided the creation of rural non -farm
residential lots are restricted to the General Agricultural areas
and Major Open Space System, and the number of such lots created in
the municipality are minimal.
Municipalities may implement the policy by either;
• inclusion of more restrictive policies in the area municipal
official plan after undertaking a municipal wide analysis; or
• amending the Zoning By -law to permit rural non -farm
residential development and severance as infilling within
concentrations and /or as an extension to concentration of 10
acre lots subject to certain criteria specified in the
Amendment.
2.2 The creation of such lots are also subject to a number of
conditions including:
• lot to be severed shall not exceed 12 hectares (30 acres) and
shall be severed to create 2 additional lots;
• minimum lot size for new lots shall be 4 hectares (10-acres);
• new lots shall be located on existing public road, however,
are not permitted on 'A' Arterial roads;
• the lands shall be zoned in the zoning by -law in a special
zoning category.
3. STAFF COMMENTS AND CONCLUSION
3.1 The Amendment provides for two implementation options. The
Amendment allows a Municipality to rezone concentrations of 10 acre
lots so as to permit the creation of additional lots between 10 and
30 acres in size. Alternatively, the Municipality could provide
more restrictive policies in its Official Plan and either prevent
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REPORT NO.: PD- 123 -94 PAGE 3
or limit the creation of new 10 acre lots after undertaking a
comprehensive municipal -wide analysis. Given that Clarington has
the largest number of 10 acre lots and, similarly, concentrations
of 10 acre lots, both municipal staff and Council endorsed the
option of a comprehensive analysis in April 1994.
This matter can be reviewed further either during or subsequent to
the Official Plan Review. The Zoning By -law amendments would be
considered subsequently.
3.2 Since Amendment #4 provides for a comprehensive municipal -wide
analysis and allows area municipalities to establish more
restrictive policies, it is therefore recommended that the
Municipality indicate no objection to the Minister's approval of
Amendment #4.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
CS *DC *FW *df
21 September 1994
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
Attachment 1: Amendment #4 Durham Regional Official Plan
Interested parties to be notified of Council and Committee's decision:
Milena Avramovic
Senior Planner
Plans Administration Branch
Ministry of Municipal Affairs
14th Floor, 777 Bay Street
Toronto, Ontario.
M5G 2E5
t'
Region of Durham Planning
Department
1615 Dundas Street East
4th Floor, Lang Tower
P.O. Box 623
Whitby, Ontario.
L1N 6A3
ATTACHMENT
Amendment No. 4 to the Durham Regional Official Plan
Basis: Concentrations of 10 acre lots intended for non -farm residential uses
exist within the rural area. The impact of such lots on rural settlement
and agricultural activities has been debated for many years. Amongst
such lots are a limited number of larger parcels. The issue of
development potential on these parcels was raised during the
preparation of the Official Plan. In view of the limited impact of such
development on existing infrastructure and services, Regional Planning
Committee requested this issue be examined which led to a discussion
paper which was reviewed by a number of agencies.
This Amendment deals with the larger lots within or abutting existing
concentrations of 10 acre lots. This Amendment will allow the area
municipalities, after due consideration and in a restricted fashion, to
consider infilling within and/or extensions to such concentrations.
Such consideration is restricted to the General Agricultural Area and
the Major Open Space System outside of urban areas and subject to a
number of conditions.
Actual The Durham Regional Official Plan is hereby amended by:
Amendment:
i) adding a new Section 13.3.15 as follows:
" 13.3.15 This Plan recognizes that concentrations of significant
numbers of abutting rural non -farm residential lots,
predominantly 4 hectares (10 acres) in size, exist in
the rural areas. Non -farm residential development may
be permitted only in the General Agricultural Areas
and the Major Open Space System outside of urban
areas, as infilling and/or minor additions to such
concentrations provided that the number of new lots
created in each area municipality is minimal. The
respective area municipality may implement this policy.
by either:
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v) the parcel for development shall be zoned in the
zoning by -law in a special zoning category."
renumber existing Sections 13.3.15 to 13.3.31 inclusive
accordingly.
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.
A
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a) the inclusion of appropriate policies in the area
municipal official plan which are more restrictive I
than [lie provisions of this Section after
undertaking a municipality -wide analysis; or
b) amending its respective zoning by -law to permit
rural non -farm residential development and
subsequent severance as:
i) infilling within concentrations, provided that
the parcel for development abuts existing lots
of approximately 4 ha in size on both sides;
and/or
ii) extensions to concentrations provided that the
parcel for development abuts the existing
concentration on one of its sides and abuts a
travelled public road or railway track on its
other side.
Development for infilling and extension shall be
subject to the following conditions:
i) the parcel for development shall generally not
exceed 12 ha in size and shall be severed to
create a maximum of 2 additional lots;
ii) new lots shall have a minimum lot size of
approximately 4 ha;
iii) new lots shall be located on an existing opened
public road but shall not be permitted on Type
'A' arterial roads as designated on Map 'B';
iv) new lots shall be serviced with an individual
private waste disposal system and an individual
private drilled well which meets the standards of
the Ministry of Environment and Energy and the
Medical Officer of Health; and