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HomeMy WebLinkAboutPD-29-91 TOWN OF NEWCASTLE REPORT File # I� ICTORIA.GPA Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 21, 1990 REPORT #: PD-29-91 FILE #: PLN 2 .4 a B.ECT: AMENDMENT NO. 50 TO THE VICTORIA COUNTY OFFICIAL PLAN POLICIES CONCERNING MOBILE HOME PARKS FILE: PLN 2.4 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-29-91 be received; 2 . THAT the Ministry of Municipal Affairs, the Region of Durham Planning Department and Victoria County be advised that the Town of Newcastle has no objection to Amendment No. 50 to the Victoria County Official Plan; and 3 . THAT a copy of this report and Council 's decision be forwarded to the Ministry of Municipal Affairs, the Region of Durham Planning Department, and Victoria County. 1. BACKGROUND 1 . 1 On December 18, 1990, the Town received a copy of Amendment No. 50 to the Victoria County Official Plan, as adopted by County Council on November 28, 1990 (see Attachment No. 1) . The Amendment has been submitted to the Ministry of Municipal Affairs for approval, and the Town has been requested to forward comments on the Amendment. 2. PROPOSED AMENDMENT 2 . 1 Amendment No. 50 amends the existing policies in the Official Plan relating to the 'Mobile Home Park' Designation and is intended to provide a clear definition of permitted uses and unit size, locational criteria and development standards . REPORT NO. : PD- 29 -91 PAGE 2 2 .2 The Amendment requires that a mobile home park development and land holding be owned and managed in its entirety by a single owner which leases individual home sites . The lands cannot be subdivided by plan of subdivision, and consent cannot be obtained for extending a lease for a home site beyond twenty-one years . This ensures that the municipality need only deal with one property owner. 2 .3 The Amendment also contains policies intended to ensure that the municipality will not be forced to carry a financial burden with respect to the development and on-going maintenance of a mobile home park. In this regard, the provision and maintenance of all services including water supply and sewage disposal, roads, walkways, garbage disposal and all recreational amenities are the responsibility of the park owner. The developer of the park is required to enter into an agreement with the municipality which details his obligations with respect to the provision of services. 2 .4 The Amendment also provides locational criteria for the establishment of new mobile home parks . Parks are to be located in close proximity to an urban centre which offers a full range of commercial, recreational, social and medical facilities . As well, they are to be located on lands with suitable soil, drainage and water supply conditions . They are not to be located on environmentally sensitive lands, on or near high quality agricultural lands, aggregate extraction areas or aggregate haulage routes . 2 .5 The Amendment also reflects recent judicial decisions which prohibit a municipality from controlling occupancy of a dwelling unit based on age or family relationship. Specifically, the Amendment states that all mobile home parks shall be designed with facilities to accommodate individuals of all ages, including an on- site community centre which offers a variety of activities . J ) J _' REPORT NO. : PD-29-91 PAGE 3 2 . 6 The actual Amendment does not specifically address the issue of affordable housing, but includes provisions such as a maximum dwelling unit size to help ensure affordability. In the Background Section which accompanies the Amendment, it is stated that the direct costs to be borne by the residents of the park should be affordable and based on the Provincial Policy Statement on affordable housing. The Background Section also states that the provision of affordable housing is the only basis for allowing mobile home parks within Victoria County. 3. STAFF COMMENT 3 . 1 Staff have no objection to Amendment No. 50, noting that it replaces the existing policies regarding mobile home parks in the Victoria County Official Plan which have been in place since 1978. The policies are intended to protect the interests of the municipality and to ensure that mobile home parks provide adequate services to their residents . 3 .2 As a neighbouring municipality, the proposed amendment is circulated to the Town for comment by the Ministry of Municipal Affairs . Having reviewed the proposed amendment, staff is satisfied that it does not appear to have any planning implication that may affect the Town of Newcastle. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence Kotseff Director of Planning Chief A i istrative and Development Officer JAS*DC*FW*df *Attach 8 January 1991 Attachment No. 1 NOTICE OF ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 50 BY THE COUNTY OF VICTORIA TAKE NOTICE that the Council of the Corporation of the County of Victoria adopted Amendment No. 50 to the Victoria County Official Plan on the 28th day of November, 1990, pursuant to Sections 17 and 21 of the Planning Act, S.O. 1983. The Amendment will be forwarded to the Ministry of Municipal Affairs for approval. The Amendment is to incorporate new policies for the Mobile Home Park Designation. This designation is for developments consisting of mobile and/or modular homes on a parcel of land owned and managed as one unit. A copy of the Amendment is attached for your information Any Notice of Objection should be submitted to the Plans Administration Branch, Ministry of Municipal Affairs, 777 Bay Street, 14th Floor, Toronto, Ontario M5G 2E5. A copy should also be sent to the County of Victoria at the address given below. Please quote Amendment Number 50 to the Victoria County Official Plan and file number 16-OP-0036-050 in all correspondence sent. DATED AT THE TOWN OF LINDSAY THIS 10TH DAY OF DECEMBER, 1990 Mr. Clare McKay, Clerk, County of Victoria P. 0. Box 9000 26 Francis Street, Lindsay, Ontario K9V 5RS (705)324-9411 MOBILE HOME PARR AMENDMENT AMENDMENT NO. 50 TO THE VICTORIA COUNTY OFFICIAL PLAN 1. PURPOSE The purpose of the Amendment is to amend the Official Plan to allow for double wide mobile homes within the mobile home parks and to clearly define the uses, size, locational criteria and development standards for future mobile home parks. 2. BASIS To amend the Victoria County Official Plan Mobile Home Designation to allow for double wide mobile homes and to amend the policies to guide the future development of mobile home parks. 3. ACTUAL AMENDMENT 1. That Section 6.6 of the Victoria County Official Plan being the Mobile Home Park Designation be deleted in its entirety and replaced by the followings 116.6 MOBILE HOME PARK DESIGNATION 6.6.1 The predominate use of land in the Mobile Home Park Designation shall be a mobile home park to accommodate factory built modular and mobile homes designated to accommodate one household. This Designation may include open space, recreational and convenience commercial facilities for the exclusive use of the residents within the mobile home park development. The local municipality shall determine the type and character of unit(s) permitted within their municipality. 6.6.2 Within the Mobile Home Park Designation, the entire project and land holding is to be owned and managed by a aingle owner, company or organization which has title to the land and leases individual mobile home sites within the park. 6.2.3 A mobile home park shall not be subdivided by a plan of subdivision or a consent to sever and the landowner shall not enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more. A public authority easement or the division of land requested by the municipality to enable the municipality to enter into a subdivision agreement for the development of the park will be exempt from the above provision and may also be used by the municipality to divide the park into phases or to separate the residential component from the rest of the park. 6.6.4 The developer shall enter into a subdivision agreement with the municipality which shall detail the obligations of the developer with respect to, among other matters, the construction and maintenance of all internal roads, services and facilities, drainage and stormwater facilities, and securities for the various facilities and works to specifications and standards acceptable to the municipality. As part of the agreement, the developer shall prepare a plan depicting all mobile home sites, internal roads, easements and such other features deemed appropriate by the municipality. 6.6.5 The provision and maintenance of all services within a mobile home park development including water supply, sewage disposal, roads, walkways, garbage disposal and all recreational amenities shall be the responsibility J1) 9 U�� - 2 - of the park owner unless the municipality agrees to assume responsibility as per an agreement. 6.6.6 The mobile home park shall be serviced by a communal piped water supply and sewage disposal facilities built to standards acceptable to the local municipality. The systems shall be communal, serving all or groupings of dwellings or be connected to municipal systems. 6.6.7 To ensure that the health, welfare, safety and satisfaction of future residents is protected and the Municipality will not be faced with expensive servicing costs in the future, mobile home park development should only be established where soil and drainage conditions ensure a suitable water supply and an adequate means of waste disposal. Special attention will be given to the impact that the development may have on recharge areas and related water quality in the surrounding area. 6.6.8 Mobile Home Parks shall be subject to the following locational criteria: 6 .6.8.1 Direct access for the park should be onto a Provincial Highway, a hard topped County road or a hard topped local arterial road. Alternatively, the developer must be prepared to rebuild and/or resurface the local road at his cost, to the satisfaction of the road authority so as to provide a hard topped surface from the park entrance to a Provincial Highway or hard topped County Road. The developer must be prepared to bear the cost of any improvements to a County Road or local arterial road to accommodate the mobile home park. 6 .6.8.2 The park entrance must be on an existing school bus route. 6.6.8.3 It shall not be on land designated Environmental Protection, identified as being a Sensitive Area or displaying such environmental constraints as poor drainage, high water table, extended seasonal wetness, areas having steep unstable slopes or demonstrating susceptibility to erosion. Where a mobile home park is proposed adjacent to such an area, then an environmental evaluation is required as per Sections 5.1.4 and 5.2.1.5 of the Plan. 6 .6.8.4 The park shall be in close proximity to an urban centre which offers a full range of commercial, recreational, social and medical facilities. 6.6.8.5 Directed away from areas where it could have a detrimental impact on the quality of the environment. 6.6.8.6 Directed away from areas where Class 1, 2, 3 and 4 agricultural soils predominate and be well removed from agricultural activities, aggregate extractive uses or aggregate haulage routes. 6.6.9 Where this Plan is being amended to designate land for a mobile home park, the following shall be provided as background material for the amendment. 6.6.9.1 A report encompassing: an analysis of demand for a park in the proposed location; the relationship and impact on schools, municipal finance, recreation facilities, traffic analysis and other public facilities. 6.6.9.2 A hydrogeology and soil report at a level of detail acceptable to the Ministry of the Environment and/or District Health Unit if the park is not to be connected to municipal water and sewage services. 3 - 6.6.9.3 A scaled plan showing the existing: topographical \ features; drainage showing areas with a high water table or which are seasonally wet; trees and shrubs; existing buildings or structures; and surrounding buildings, structures and land uses within 120 metres of the property boundaries. 6.6.9.4 A scaled site plan showing the proposed development including: road layout; the siting and use of all proposed buildings, structures and facilities; proposed final grades; existing trees and shrubs to be retained as well as new plantings; parking areas; drainage; walkways; open space areas; and location of any proposed subsurface sewage disposal areas, roplacomont areas and wells. 6.6.9.5 A report providing detailed information in conjunction with the site plan describing: servicing; recreational and commercial uses and facilities; and, compatibility with adjacent uses. 6.6.10 It is intended that the design concept for a mobile home park will foster a sense of community with the residential component designed in a compact manner. 6.6.11 The layout of each mobile home project shall be fitted to existing terrain with a minimum of disturbance to the land and environment. Existing trees and other natural site features shall be preserved as much as possible. 6.6.12 Provision of extensive open space areas through the clustering of dwelling units will be encouraged. 6.6.13 To minimize the impact on existing recreational facilities, a mobile home park shall include a community facility which is readily accessible to all phases of a development and offers a variety of indoor and outdoor recreational activities for all age groups. All recreational and activity areas shall be of sufficient size and appropriately equipped to accommodate the anticipated size of the development and shall be provided with the initial phase of a development, 6.6.14 Access to all dwellings within a mobile home project shall be from internal roads constructed by the developer to standards set by the Township. The road surface shall be of sufficient width to accommodate two way traffic flow and on-street parking. 6.6.15 The maximum density for parks serviced with full piped municipal water and sewer services shall be 16 mobile homes per gross hectare. The maximum density for developments serviced by communal water supply and/or sewage disposal facilities shall be 7 mobile homes per gross hectare. 6.6.16 A mobile or modular home shall not exceed a gross floor area of 125 square metres. 6.6.17 All mobile home parks shall be designed with facilities to accommodate individuals of all ages. 6.6.18 The development of a site should not produce an undesirable impact on the Municipality by increasing the demand for local services beyond an acceptable level. 6.6.19 A mobile home park should be designed in a manner whereby it will not conflict with adjacent uses. 6.6.20 The policies herein apply to any expansion of existing mobile parks. " 4 - 4. BACKGROUND 1. The County of Victoria is in receipt of three proposed mobile home park developments. The Official Plan is not clear as to whether a modular home is permitted in a mobile home park. The modular home parks are proposed as being adult only communities. The mobile home adult only parks have become popular in a number of Municipalities within the Province. As a result of requests to amend the Official Plan and since the mobile home policies have not been reviewed and revised since adoption in 1978, it was felt that a study should be undertaken of adult only mobile home parks. Such a study was completed (County of Victoria Planning Department Staff Report PAC/SR/90-25) in April, 1990. Appendix 'B' of the Staff Report was a draft of suggested Mobile Home Park Designation policies. The Staff Report was present to the Planning Advisory Committee on April 24, 1990 and after input from a delegation before the Planning Advisory Committee and a review by the Planning Advisory Committee, it was recommended by the Committee that a proposed amendment be prepared taking into consideration the comments made. 2. At a recent Ontario Human Rights Commission hearing, the Commission ruled that a condominium corporation cannot discriminate on the occupancy of condominium units based on age. As such, a condominium corporation cannot restrict the occupancy of the units within the condominium to adults only. The adult only mobile home parks throughout the Province have worked under the same restrictive policies limiting the occupancy of dwellings. Given the Ontario Human Rights Commission ruling and the Canadian Constitution, it appears clear that condominiums and similarly adult only mobile home parks cannot discriminate on age and they must allow individuals of all ages to be permitted. Further, in September of 1989, an amendment to the Planning Act came into effect which does not allow for a distinction within the Zoning By-law based on family occupancy. Therefore, legislatively the municipality cannot control the relationship of individuals within a dwelling unit. Based on existing legislation and the Human Rights Commission ruling, the Plan needs to be amended so that there is no distinction in the occupancy of dwelling units within a mobile home park based on age or individual relationships. As such, the amendment provides that mobile home parks accommodate .individuals of all ages. 3. Mobile home park proponents have stated that a modular or mobile home park provides affordable housing and is a clear alternative to a Plan of Subdivision where it is desirable to own a dwelling unit. To ensure affordability for the occupants, the housing cost must be affordable. Therefore, the gross rent, maintenance fees, mortgage payments (principal and interest) and taxes should collectively be affordable based on the Provincial policy statement on affordable housing. , This can be partially ensured by having the development built to a high quality standard to minimize the long term maintenance cost. Since the cost of a dwelling is directly proportionate to the size of the unit, a maximum gross floor area will help to ensure that the units are affordable. 4 . The proponents of mobile home parks stress that it is an integrated community and is self-sufficient in a number of aspects and is not dependant on municipal services. To ensure this and the affordability issue policies have been incorporated to ensure the clustering of small individual home sites by having the servicing not on the home site itself and that specific facilities are incorporated for the communal use of the residents within the park. 5. To ensure that the development does not become a financial burden to the local municipality, policies have been included in the amendment to ensure that the services are provided and maintained and are the responsi$ility of the park owner. 5 - 6. Proponents of mobile home parks have indicated that they can achieve affordable housing by not going through the Plan of Subdivision process and by having smaller individual lots thereby reducing the servicing costs of each unit. Since the lots are small, it severely restricts any future subdivision of the development. If the future aim is to subdivide the property, it should proceed on the basis of a plan of subdivision in the first place and be evaluated on that basis. 7. Affordable housing is the only basis for allowing mobile home parks within the County. On this basis, policies are incorporated within the amendment to ensure that the land will not be further subdivided, that the municipality will not be forced to carry a financial burden with respect to the development and that consent cannot be obtained for extending the lease beyond 21 years so the municipality need only deal with one property owner. 8. In accordance with Section 9.6.1, mobile home parks are areas subject to site plan control, 9. The policy specifies factory built mobile homes which means that the dwellings must be built to CSA standards. Factory built homes can help ensure affordable housing built to an acceptable uniform standard throughout the park.