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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 aPE Eo P ylEn 36 E Lt THIS IS PA-QY HECYCEDP ER 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 5 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: 39' I 3 ,y 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 N 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