LAMBTON SHORES DRAFT OFFICIAL PLAN

LAMBTON

SHORES

DRAFT OFFICIAL

PLAN

UNDERLYING PRINCIPLES OF THE NEW LAMBTON SHORES OFFICIAL PLAN

• Protect Natural Environment;

• Protect Agricultural Lands;

• Provide for development which is an

extension of existing urban areas;

• Permit new development only on

Municipal water and sanitary sewers.

The Steering Committee Further Clarified the Official Framework by agreeing on the following

That growth be directed to urban settlement areas;

Highway 21 corridor is designated for future development but will be allowed one dwelling per existing lot;

Other minor infilling on existing lots, no new lot

creation in Port Franks, Northville and Ipperwash;

No new designation of residential land due to

significant residential lands surplus;

Municipal water and sewage are being planned

within a 20 year planning time frame for West

Bosanquet. No new development until municipal

services provided, only infilling on existing lots;

Municipal sanitary sewage not being considered

within the 20 year planning time frame for Port

Franks and Ipperwash;

No recommendation re: municipal sanitary

servicing in Zones 3 and 4;

COMMUNITY STRUCTURE

Rural areas:

means lands in the rural area which are located outside settlement areas and which are outside prime agricultural areas.

Settlement areas:

means urban areas and rural settlement areas within municipalities (such as cities, towns, villages and hamlets) that are:

a) built up areas where development is concentrated and which have a mix of land uses; and

b) lands which have been designated in an official plan for development over the long term planning horizon provided for in policy 1.1.2. In cases where land in designated growth areas is not available, the settlement area may be no larger than the area where development is concentrated.

Prime agricultural area:

means areas where prime agricultural lands predominate. This includes: areas of prime agricultural lands and associated Canada Land Inventory Class 4-7 soils; and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture. Prime agricultural areas may be identified by the Ontario Ministry of Agriculture and Food using evaluation procedures established by the Province as amended from time to time, or may also be identified through an alternative agricultural land evaluation system approved by the Province.

Prime agricultural land:

means land that includes specialty crop areas and/or Canada Land Inventory Classes 1, 2, and 3 soils, in this order of priority for protection.

CONCLUSIONS

Lands in Lambton Shores are predominately Class 1 and 2. All lands in Lambton Shores lie within the CLI Classifications 1 to 7 and as such, Lambton Shores is a prime agricultural area as defined by the PPS.

CONCLUSIONS

The balance of the land outside of the prime agricultural areas are generally built up areas where development is concentrated and which have a mix of land uses; or are lands that have been designated in the Official Plan for development over the long term or are natural heritage or hazard lands.

CONCLUSIONS

Therefore there is little if any land in Lambton Shores that would be considered to be a rural area under the PPS.

SETTLEMENT AREAS

1.1.3.1 Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted.

SERVICING

1.1. Planning for infrastructure and public service facilities shall be integrated with planning for growth so that these are available to meet current and projected needs.

Infrastructure: means physical structures

(facilities and corridors) that form the foundation for development. Infrastructure includes sewage and water systems, septage treatment system, waster management, electric power generation and transmission, communications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities.

Section 1.6.4 “Sewage and Water” of the

PPS states:

Planning for sewage and water services

shall:

a) direct and accommodate expected growth

in a manner that promotes the efficient

use of existing:

1. municipal sewage services and

municipal water services; and

2. private communal sewage services and

private communal water services, where

municipal sewage services and

municipal water services are not

available;

b) ensures that these systems are provided in a

manner that:

1. can be sustained by the water resources

upon which such services rely;

2. is financially viable and complies with all

regulatory requirements; and

3. protects human health and the natural

environment;

c) promotes water conservation and water

use efficiency;

d) integrates servicing and land use

considerations at all stages of the

planning process; and

e) subject to the hierarchy of services provided in

policies 1.6.4.2, 1.6.4.3 and 1.6.4.4, lot creation is

allowed only if there is confirmation of sufficient

reserve sewage system capacity and reserve water

system capacity within municipal sewage services

and municipal water services or private communal

sewage services and private communal water

services. The determination of sufficient reserve

sewage system capacity shall include treatment

capacity for hauled sewage from private communal

sewage services and individual on-site sewage

services.

Reserve Sewage System Capacity:

• means designed or planned capacity in a centralized waste water treatment facility which is not yet committed to existing or approved development. For the purposes of policy 1.6.4.1(e), reserve capacity for private communal sewage services and individual on-site sewage services is considered sufficient if the hauled sewage from the development can be treated or disposed of at sites approved under the Environmental Protection Act or the Ontario Water Resources Act, but not by land-applying untreated, hauled sewage;

Reserve Water System Capacity

means designed or planned capacity in a centralized water treatment facility which is not yet committed to existing or approved development.

The hierarchy of servicing referred to in Section 1.6.4.1 e) is found in Sections 1.6.4.2, 1.6.4.3 and 1.6.4.4 of the PPS (3 forms of servicing that are acceptable for development subject to conditions) and are as follows:

No.1 - Section 1.6.4.2 of the PPS states:

Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible.

Section 1.6.4.3 of the PPS states:

Municipalities may choose to use (No. 2) private communal sewage services and private communal water services, and where policy 1.6.4.4 permits, (No.3) individual on-site sewage services and individual on-site water services, where:

a) municipal sewage services and municipal water services are not provided; and

b) the municipality has established policies to ensure that the services to be provided satisfy the criteria set out in policy 1.6.4.1.

Private Communal Sewage Services:

means a sewage works within the meaning of Section 1 of the Ontario Water Resources Act that serves six or more lots or private residences and is not owned by a municipality

Private Communal Water Services:

means a non-municipal drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002 that serves six or more lots or private residences.

Individual On-site Sewage Services:

means individual, autonomous sewage

disposal systems within the meaning of

s.8.1.2, O.Reg. 403/97, under the Building

Code Act, 1992 that are owned, operated and

managed by the owner of the property upon

which the system is located.

Individual on-site water services:

means individual, autonomous water supply

systems that are owned, operated and

managed by the owner of the property upon

which the system is located. •


Individual on-site sewage services and individual on-

site water services shall be used for a new

development of five or less lots or private

residences where municipal sewage services and

municipal water services or private communal

sewage services and private communal water

services are not provided and where site conditions

are suitable for the long-term provision of such

services.


Despite this, individual on-site sewage services and

individual on-site water services may be used to

service more than five lots or private residences in

rural areas provided these services are solely for

those uses permitted by policy 1.1.4.1(a) (Rural Area

Policies) and site conditions are suitable for the long-

term provision of such services.

Lambton Shores does not have any rural areas as

defined by the PPS as discussed previously •

• Lots supporting private on-site sewage and

water services are generally at least 1 acre in

size in sandy soil areas and 2 areas in size in

clay soil areas. It is difficult to be consistent

with the direction in Section 1.1,1, 1.12 and

1.1.3 of the PPS and promote efficient use of

lands and intensification where lots sizes are

required to be this large.

• This form of serving can continue to be used to service existing lots where municipal or communal serves are not provided.

The remaining form of servicing addressed in the PPS in Section 1.6.4.5 is “Partial Services” which does not form part of the preferred servicing hierarchy identified in Section 1.6.4.1 e) which are described in Sections 1.6.4.2 (municipal services), 1.6.4.3 (communal services)and 1.6.4.4. (individual on-site water and sewage services).

Partial Services: means

a) municipal sewage services or private

communal sewage services and individual

on-site water services; or

b) municipal water services or private

communal water services and individual

on-site sewage services.

Section 1.6.4.5 of the PPS starts that:

Partial services shall only be permitted in

the following circumstances:

a) where they are necessary to address

failed individual on-site sewage

services and individual on-site water

services in existing development; and

b) within settlement areas, to allow for

infilling and rounding out of existing

development on partial services

provided that:

1. the development is within the reserve

sewage system capacity and reserve

water system capacity; and

2. site conditions are suitable for the long-

term provision of such services.

• Lots serviced by partial services are generally at least ½ to 1 acre in size in sandy soil areas and 2 areas in size in clay soil areas. It is difficult to be consistent with the direction in Section 1.1,1, 1.12 and 1.1.3 of the PPS and promote efficient use of lands and intensification where lots sizes are required to be this large.

• This form of servicing can continue to be used to service existing lots where municipal or communal serves are not provided.

•

Conclusions

Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Lambton Shores has four settlement areas serviced with Municipal sewage services and municipal water services where development is directed by the PPS.

Conclusions

Partial Services” do not form part of the preferred servicing hierarchy identified in Section 1.6.4.1 e)

Conclusions

The large lot sizes required to support both individual on-site sewage services and individual on-site water services and partial services, provide for development which makes it difficult to be consistent with the direction in Section 1.1,1, 1.12 and 1.1.3 of the PPS and promote efficient use of lands and intensification where lots sizes are required to be this large.

Conclusions

Individual on-site sewage services and

individual on-site water services and partial

services can continue to be used to service

existing lots where municipal or communal

serves are not provided such as in portions of Zone 3, Zone 4 and West Bosanquet.

Conclusions

The PPS directs development to serviced settlement areas where it is possible to allow development which is consistent with Sections 1.1,1, 1.12 and 1.1.3 of the PPS and promote efficient use of lands and intensification because lot sizes and densities can be higher due to municipal and communal servicing being provided.

Conclusions

The 5th Draft of the Lambton Shores Official Plan directs development to serviced settlement areas where it is possible to allow development which is consistent with Sections 1.1,1, 1.12 and 1.1.3 of the PPS and promote efficient use of lands and intensification because lot sizes and densities can be higher due to municipal servicing being provided .

Conclusions

The 5th Draft of the Lambton Shores Official

Plan only permits new lot creation in serviced

settlement areas which is consistent with the

PPS in that this promotes efficient use of lands

and intensification which in turn protects the

natural environment and agricultural lands.

Conclusions

Finally, I hope that this provides Council with a greater understanding of how the PPS applies to Lambton Shores and how it has shaped the Draft Official Plan.

LAND REQUIREMENTS

• Population and land requirement projections were prepared as part of Official Plan review to the year 2031 using the 2006 census.

• The 2006 census population was 11,150 .

• Trends such as the aging population, development activity and increasing permanent population in Lambton Shores especially in the Grand Bend area as people retire to the area were also considered in the population projections .

LAND REQUIREMENTS

• Lambton Shores population was projected to increase by approximately 1% per year to 14, 300 in 2031 (3,150 people) .

• Population projections are used in official plan review to determine future land requirements.

RESIDENTIAL LAND REQUIREMENTS

Land requirement projections prepared for the Official Plan assumed that future development will occur at a target density of approximately 7 units per acre gross (17 units per hectare gross), assuming that full services are provided for urban development.

This target will encourage denser development and a more compact urban form.


Assuming this density and 2.3 persons per unit (based on census trends), the 3,150 “new people” in Lambton Shores will require approximately 200 acres of land for housing or 1,375 new lots/units.


At the present time, Lambton Shores has a significant surplus of designated residential land, including approximately :

• 1,115 lots in registered/draft approved Plans of Subdivision; and

• more than 7,320 potential lots/units on vacant land currently designated for residential uses


This results in a total residential land inventory of 8,435 units/Lots.

Since only 1,375 new lots/units are required over the next 20 years, no new residential land is designated in the new Official Plan.

This surplus of residentially designated land creates issues

when deciding where growth should occur.


The Draft Official Plan as well as the PPS direct growth to the urban areas of Forest, Grand Bend, Thedford and Arkona, the Municipality’s settlement areas, where sufficient municipal water and sanitary sewage treatment services will be provided to meet long-term needs.

This results in the following major changes in the Draft Official Plan from the current Official Plan:


• Lands previously designated for residential growth, in the former Highway 21 corridor, south of Grand Bend and north of the Ausable River are not necessary for growth in the 20 year planning time frame have been placed mostly in a Future (beyond 20 Years) Residential Development designation.


• This designation provides for the lands to develop for

residential purposes, but only when growth within the Grand Bend Urban Area on lands designated Residential are nearing capacity and only when municipal sanitary servicing is available.


• Also lands also within this corridor but on the west side of Highway 21 and surrounded by the Pinery Provincial Park have been placed in a Grand Bend Highway 21 Gateway designation.

• This designation recognizes the natural heritage and endangered species significance of this area and recognises existing uses and allows the construction of one new dwelling on each existing lot.

• new lot creation is not permitted in this area.


• Development in Port Franks-Northville and Ipperwash is constrained by the presence of significant natural heritage features and a lack of sanitary sewage services.

• Lambton Shores is not planning to consider providing sanitary sewage treatment services for Port Franks/Northville or Ipperwash within the 20 year planning time frame.


• Therefore the Draft OP restricts development in these areas to minor infilling on existing lots only. No new lot creation is permitted.


• Development in West Bosanquet is constrained by the lack of sanitary sewage services.

• Lambton Shores is currently considering extending sanitary sewers to West Bosanquet. Some new subdivision development will be permitted in West Bosanquet, but only if municipal sanitary sewers become available.


• Expansion of the boundaries of any of the settlement areas identified in Lambton Shores is not contemplated since the Municipality has enough designated land to last far beyond 20 years. Under the Planning Act, Council refusal to expand settlement area boundaries can no longer be appealed to the OMB

Section 7.7.1 - Grand Bend Residential

Permitted uses are low density residential uses, consisting of single and semi-detached buildings, duplexes and triplexes .

Maximum density not exceeding 7.5 units per hectare gross (3 units per acre gross), whereas the residential designation permits 20 units per hectare (8 units per acre).

This lower density will help preserve the existing tree cover and natural environmental features.

New Development within this designation must be on full municipal services. Infilling on existing lots on private septic systems is permitted.


The Old Ausable Channel Parkhill Creek and Pinery Provincial Park are located either within or abutting this designation.

They are ESAs and provide habitat for SAR species. An Environmental Impact Study (EIS) is required for any development and site alteration on “adjacent lands”, as defined in Section 4.10 of the Plan.


The requirement for an EIS does not apply to the construction of a detached dwelling or addition to an existing detached dwelling on existing lots abutting the Old Ausable Channel and Pinery Provincial Park which are subject to the following additional policies:

• No building or structure, including swimming pools, shall generally be permitted within 22 metres of the top of bank of the Old Ausable Channel or the boundary of the Pinery Provincial Park. The required 22 metre setback shall be maintained in a natural state and planted with native species.


• A Tree and Natural Vegetation Preservation Plan shall be approved by the Municipality prior to the issuance of a building permit. Trees shall be removed only as necessary to accommodate a dwelling, accessory buildings or structures, driveways and septic tank and tile bed system.

• The septic system shall not be located within the 22 metre setback from the Old Ausable Channel and may require location in the front yard.

• A minimum of 35% of the lot area must be maintained in a natural state.


• Plans of Subdivision/Condominium or Site Plans on lands designated “Grand Bend Residential” will include Tree and Natural Vegetation Preservation Plans to preserve the existing trees and natural vegetation.

• The Municipality may also ask developers to contribute towards the development of Stewardship Guidelines for living in environmentally sensitive areas.

• A minimum of 35% of the lot area of future lots must be maintained in a natural state, unless an EIS shows that a lower percentage is justified.

Outstanding Issues for Discussion on Schedule A1 Grand Bend

• Classify Main Street West as Downtown and Subject to Section 8.1

• River Road is currently designated Harbour, subject to Section 11, which does allow related commercial uses such as restaurants0, fisheries, gift shops , marine supply and service establishments. What is the long term plans for River Road ?

• Areas to be serviced with Municipal sanitary sewers and servicing strategy to guide that.

• Special Policies to guide the transformation of residential neighbourhoods north and south of Main Street West.

Section 7.7.3“Grand Bend Highway 21 Gateway”

Lands within this area are located within an environmentally sensitive area. This area is not needed for development over the next 20 years and due to the significant environmental features and sensitivity may never be developed. In addition to functioning as a buffer area for Pinery Provincial Park this area will also function as a treed, sand dune gateway into Grand Bend, to showcase the area’s best environmental features. Applicable policies include:


Permitted uses:

• The existing residential and commercial uses;

• New development will consist of minor residential and commercial infilling only, including one residence/ commercial use per lot, with no new lot creation.

• Any new development proposal shall be accompanied by an EIS in compliance with Section 4.10. Building location shall generally be restricted to that portion of the lot located within 90 metres of Highway 21, to avoid impacts on the natural environment.


• Infilling will not adversely affect the future development potential of the area by constraining future road or lot layout

• Only the minimum amount of tree and natural vegetation clearing is permitted for infilling, with the rest remaining in a natural state. A 30 metre treed buffer must be maintained along Highway 21, with no tree clearing, landscaping or accessory residential buildings or structure allowed in the buffer.


• Until municipal sanitary sewers are extended to these areas, private septic systems are allowed, subject to the approval of the Lambton County Building Services Department. The 20 year projected flow rates (2008) for the “Zone 4” Sewage System assumed that these areas would only be developed with one house/commercial use per lot and not developed with urban type development. New sanitary sewers with a larger design capacity services will be required beyond 20 years for any large scale development

•

Section 7.7.4“Future Residential Development and Future

Residential Special Policy Area”

Lands in these designations apply to lands in the North Bosanquet Planning Area not needed for development for the next 20 years. Identified on Schedule “A2” these lands will not be developed until residential development in Grand Bend (Phase 1) as shown on Schedule “A1” is “substantially complete” (about 90%).

• Permitted uses in the “Future Residential Development” designation are the same as those for the “Grand Bend Highway 21 Gateway”.

Section 7.7.4“Future Residential Development and Future

Residential Special Policy Area”

• Future Residential Special Policy Area A” lands are located in the “flood fringe” between the floodway and regulatory flood level. These lands will be developed in accordance with the policies included in Section 7.6 - Residential Special Policy Areas. However, no development is expected to occur over the lifetime of this Official Plan.

• New sanitary sewers with a larger design capacity will be required for any large scale development in this area.

Section 4.5 “Natural Environment“

Significant woodlands are designated “Natural Environment” on Schedule B and the land use schedules to the Official Plan. Significant woodlands are located in Primary or Secondary corridors and are:

• Ecologically important in terms of species composition, age

of trees and stand history.

• Functionally important due to their location in a Primary or Secondary Corridor and contribution to the landscape, in terms of location, size and the amount of forest cover in the Municipality. Woodlots larger than 4 hectares in size with interior forest are particularly valuable as wildlife habitat.


• Economically important due to quality, species composition or past management history.

Areas designated “Natural Environment” in the North Bosanquet Planning Area are part of the treed and sand dune corridor leading into Grand Bend. To maintain this gateway, the “Natural Environment” designation applies to the wooded areas and the existing 23 metre deep treed buffer between the Deer Run and Oak Forest Estates Subdivisions and Highway 21.


The following policies apply:

• Permitted uses include one dwelling unit per lot, with no new lot creation.

• Only a minimal amount of the existing tree cover and natural vegetation may be cleared for dwelling construction.

• A 30 metre treed buffer must be maintained along Highway 21. No tree clearing, landscaping or accessory residential buildings or structures are permitted.


• Permitted development must be serviced by municipal water. Until municipal sanitary sewers are extended to this area as part of the North Lambton Shores sewage collection system (“Zone 4”), private septic systems are allowed, subject to the approval of the Lambton County Building Services Department.

• Access to Highway 21 is not permitted unless an entrance permit has been issued by MTO.

Section 7.7.2 - Port Franks and Ipperwash Residential

Port Franks and Ipperwash are also located within the internationally significant dune succession/oak savannah ecosystem along the lake from Grand Bend to Port Franks.

ESAs located in Port Franks include the Port Franks Wetland and Forested Dune Complex, Karner Blue Butterfly Sanctuary, Lambton Heritage Forest and Thedford Conservation Area. The Ipperwash Dunes/Woodlot Complex ESA covers much of the Ipperwash Planning Area.


Similar to the “Grand Bend Residential” designation, the

“Port Franks Residential” and “Ipperwash Residential” designations are special designations applying to the existing development in this sensitive ecosystem.


In addition to the relevant policies of the “Grand Bend Residential” designation, the following policies apply in Port

Franks and Ipperwash:

• The Municipality does not anticipate the extension of sanitary sewers to Port Franks and Ipperwash until 2030 or beyond. Based on this, no large scale development or new Plans of Subdivision are permitted in Port Franks or Ipperwash over the lifetime of the Official Plan.


• Infilling on existing lots in Port Franks and Ipperwash is permitted provided the lot is large enough to accommodate a private septic system.

• No new lot creation is permitted in Ipperwash or Port Franks.

• Since the ESAs in Port Franks and Ipperwash provide habitat for SAR species, an EIS is required for any development and site alteration on “adjacent lands”, as outlined in Section 4.10 of the Plan.


• Lambton Shores will work with Subdivision/Cottagers Associations in Port Franks and Ipperwash to develop a stewardship brochure for homeowners. Residents are encouraged to use guidelines developed by the Lake Huron Centre for Coastal Conservation for living along the Lake Huron coast.


With the exception of the “Natural Environment” area in North Bosanquet, development and site alteration are not permitted in woodlands designated “Natural Environment”. New infrastructure and public service facilities are also not permitted. Woodlots may be used for agricultural purposes, such as timber harvesting and maple sugar operations, in accordance with good forestry and Environmental Farm Management practices. Existing agricultural uses are also permitted with the exception of livestock grazing. Minor tree clearing, to make farming operations easier or to “round out” crop fields, is allowed subject to the County of Lambton Tree-Cutting By-law. Stewardship programs for woodlots are included in Section 4.11.

Documents

LAMBTON SHORES DRAFT OFFICIAL PLAN