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FROM:
REPORT TO COUNCIL
Neil Carroll DATE; �ebruary 8, 2000
Director, Planning nnd Development
PLANNING REPORTNUMBER: PD OS-00
SUBJECT: Durham Regional Official Plen Amendment Application 99-008/D
Minister's Zoning Order Amendmen: Application 18Z0-02999-03
A. Christ (Alsar Farms)
Part of Lots 7, 8, 9& 10, Concessions 6, 7& 8
(North-enst of the Hamlet of Greenwood)
City of Pickering
RECOMMENDATIONS:
I, 'fhnt Pickcring Cauncil recommend to tho Rcgion of Durham thut Pnrt 1 of
RegionalOfiicinl Plnn Amendmcnt Applicntion 99-008/D, submitted by
Vnlcrie Cranmcr & Associatcs, on bchnif of A. Christ (Alsar Furms), on Innds being
Pari of Lots 7, 8, 9& 10, Concessions 6, 7& 8, City of Pickering, to enable the severance
of 4 dwcllings rendcrcd surplus as u result of lhe ucquisition of non-abutting farms, bc
APPROVED AS MODIFIE� to prohibit rcsidentinl dwcllings on retnined farm pazceis,
es set out in Appcndix 1 to Plonning Rcport PD OS-00.
2. Thnt Pickering Council rccommcnd to thc Rcgion of Durhnm that Pnrt 2 of
RcgionalOfficiul Plun Amcndmcnt Application 99-008/D, submitted by
Vnlcrie Cranmcr & Associatcs, on bchalf of A. Christ (Alsnr Fartns), on lunds being
Pnrt of Lots 9& 10, Concession 7, City of Pickcring, to ennble a lot line ndjustment
which would rcsult in n rurnl rcsidcntiai pnrccl of 5.7 hcctares, nnd n farm parcel of
34.5 hectares, be APPROVED, ns sct out in Appendix (1 to Planning Report
Numbcr PD OS-00.
3. That Pickering Council rccommend to the Ministry of Municipal Affnirs und Housing
thnt Minister's Zoning Order Amendment Application 18Z0-02999•03, submitted by
Valerie Crnnmer & Associates, on behalf of A. Christ (Alsar Furms), on innds being
Pnrl of Lots 7, 8, 9& 10, Conccssions 6, 7& 8, City of Pickering, to revisc the lot
frontage, lot area, yazd, and other relevant standards to enable the creation of 4 lots for
surpius farm dweliings, und n lot line adjustment, be APPROVED IN PRINCIPLE, AS
MODIFIED to prohibit residential dwellings on rctnined fami pnrcels, und subject to
conditions, as outlined in Appendix 11 to Planning Report Number PD OS-00.
4. That Pickering Council recommend to the Region of Durlium thnt, subscquent ta
considerntion of OPA 99-008/D, a review be undcrlaken of policy 123.12 of thc Durhnm
Regional Official Plan, (which provides for the severnnce of fazm dwellings rcndercd
suiplus es result of ihe consolidation of non-abutting farm parcels), with the intcnt to
estnblish provisions rcstricting the future construction of residential dweliings on retuined
farm parcels, tivough techniques such ns official pinn policies requiring rcmning of
retained fartn pnrcels, as is curtently used in the Ningara Region, to successfully prcvent
over the long term, incremenlal intrusions in end fragmentntion of agricultural nrcas,
', pLpNNINCi REPORT NUMBER PD. OS-00 Date: February 8, 2000 O 4,�
5ubject: A. Christ (Alsar Farms) Page 2
ORIGIN:
Durhem Regionsl Official Plen Amendment Application 99-008/D submittcd to the Region of
Dwham and fonvarded to Pickering for comments; Minister's Zoning Order Amcndment
Applicution 18Z0-02999-03 submitted to the Minislry of Municipal Affairs and Housing und
fonvarded to Pickering for comments.
AUTHORITY:
The Planntng Ac�, R.S.O. 1990, chapter P.13
FINANCIAL IMPLICATIONS:
No direct costs to the City are anticipated as u result of lhe proposed development.
EXECUTIVE SUMMARY:
Alsar Farms owns and operutes npproximately 360 hectares of land for grain production.
Alsar Farms has made significant investment in ncquiring nnd improving fwmland since 1994.
Eight properties are now owned by Alsar Fnrms, including n non-fnrtn pnrcel on Westney Roud,
which is the rural rcsidcntial property of Mr. Christ, thc owner of Alsnr Farms. Attached is u
map showing the cight parcels (sec Attuchment HI), Seveml of thc pnrccis nre sepnmted from
ench other by rond nllowunccs.
Policy 12.3.12 of thc Rcgional Plan pertnits, by omendmcnt nnd subject to criterin, the severancc
of surplus fnrtn dweliings rcsulting from the ucquisition of non-aoutting fcvm parccls. In
uddition, policy 12.J.15 of the Plun permits minor lot linc adjustmcnts subject to criteria.
There arc two pMs to the Alsar Fazms proposal. Pnrt I rcqucsts the rcquired enabling
amendment be npproved to permit the future sevcrance of surplus fnrm dwellings, in accordance
with section 12.3,12 of the Durhum Plnn. Part 2 rniucats nn umcndment bc npproved to pertnit n
futurc consent to ndjust n lot line, despite thc minimum �.t siu criterin of the Regionnl Plan.
As n result of the furm acquisitions, Alsar Farms has 5 dwellings in uddition to the Christ rurnt
residential property. One dwclling, although not currcntly rcquired for 1'arm pucposes, is bcing
mtnined in casc the needs of the consoliduted farm operntion change. However, Alsar Farms
hnve detetmined that four of the farm dwellings are surplus to their needs. Thcrefore,
Alsar Fnrms is requesting n site-specific amendment to the Durham Plan to enable the severnnce
of these 4 dwellings, rendered surplus as a result of the ncquisition of non-abutting farms pnrccls.
An application to omend the Minister's Zoning Order to pertnit smaller lot sius, for the new lots
to be created for the proposed severcd dwcllings, is elso requested.
Staff have reviewed this request. Following a site inspection, a review of the submittcd
documenwtion, and completion of related resenrch, stal'f conclude that Alsar Fwms is a bona-fidc
agricultural operntion investing significantly in agriculture in Pickering. Assisting fwm
consolidations is consistent with Regional policy and supports the trcnd to largcr farms that is
being experienced in the agricultural industry. The 4 dwcllings are not nceded for fumi
employees, nnd ench acquircd furm is of a viabie siu for ngricultucc (as rcquired by the Regional
Plan). Accordingly, the amendment cen be suppor►ed.
Howcver, stnff azc concemed that construction of a dwelling would still be pertnissible on cach
of the retained ferm parcels, following severence of the surplus dwelling. And, nithough thc
Regionnl Plen has a policy prohibiting further severances from the retaned farm, the very
consWction of a dwelling on any or all of the retained purceis would be an intrusion and
�� PLANNINCi REPORT NUMBER PD. OS-00 Datc: Febniary 8, 2000
'� 4 8 5ubject: A. Christ (Alsar Farms) Pagc 3
ultimntely fragment the agricultural area. This wotks contrary to other Regional and local
officinl plan policies.
Staff have found that other jurisdictions, such as l.`iegara Region, have policies requiring a
rewning of the retuined farm parcel to pravent the conetniction of residential dweilin�s for a
minimum 10-year period in similer Circumstances. These policies have been working
successfully. Staff, thereforc, recommend that the amendment only be supporied with
modificntions to further restrict the ability to construct a residential dwclling, through official
pinn policy and by changing the Minister's Zonin� Order, ns set out in Appendices I nnd ifI.
Further, staff recommends that, following consideration of OPA 99-008/D, Durhnm rc-cxnmine
policy 12.3.12 of the Regional Plan, to add provisions such ns those used by Niagara Region, to
further rcstrict the construction of residential dwellings on retnined farm parcels.
The Christ rurnl residentiul property, a 1.7-hectare tural residentiul pnrcel, uses certain lands on
the nbutting farm for rural msidential Hurposes. These include tcnnis courts, u pond, baseball
fields, a pnved trail, and conversion of bams end sheds to un indoor basketball court, and a ball
hockey rink. Alsar Fnnns requests an ndjustmcnt to the lot linc between thc Christ property and
the abutting parccl to the cast, to incorporotc n 4-hec�are pnrcel contnining the other buildings
and facilities nssociated with the Christ property. With this ndditionul lund, ihe non-farm parccl
would become 5.7 hectares in siu, and the remaining farm parcel would bccome 34.5 hectnres.
The Regional Plan rcquires farm parccls to be n minimum 40 hectnrcs, und encournges non-fartn
parcels to be nbout 0.6 of a hectnre.
Swff havc reviewcd this part of thc p�oposcd amcndmcnt nnd conclude that agriculturul land
would not bc frogmcntcd through thc lat linc ndjustment sincc no ncw lots arc bcing crcatcd.
Further, thc cxisting ngriculturnl activities would not bc adverscly nffccted since therc is a
woodlot separating the activc ngriculturnl nrcn from thc arca nlrcady devcloped for non-farm
purposes. Thus, thc viability of thc rcmnining fartn parccl would not bc ntTccted. The
amendment can therefore bc supported, as sct out in Appendix 11 to this Report. The relnted
umendmcnt to the Ministcr's Zoning Ordcr Amendment can also bc supported, as set out in
Appcndix 111.
BACKGROUND:
1.0 Applicunt's Proposnl
Alsnr Furtns wishes to sever 4 surplus fnrtn dwellings, and ndjust a lot line betwecn the
existing non-fnrm Christ property and the abutting farm to the enst. To uccomplish this,
Alsar Farms requires two different types of amendments to the Durham Regional Official
Plan, and amendments to the Provincial Minister's Zoning Ordcr. Subsequently,
applications to the Durham Land Division Committee will bc required.
Alsar Ftvms owns 8 properties in Pickering, one of which is the property of the owner,
�dr. A. Christ. Figur�: l, providcd as Attnchment #1 to this Report, illustratcs thc location
of the holdings. Al,o illustrated on that figure are the locutions of the proposed lots for !he
surplus dwellings, and the location of the proposed lot line adjustment.
A lot of about 0.5 of n hectare fronting on Westney Road is proposed to bc crcutcd from
Purcel 1 for a surplus fnrm dwelling. In uddition, a funher 4.0•hectarc parccl is to be
conveyed from Purcel I to the Christ non-farm property (identified us Parce18) lhrough the
lot line udjustment. As a result, Parcel 8 will be incrcased to a 5.7-hectnrc non-fnrtn pnrccl,
and Pnrcel 1 will be mduced to a 34.5-hectnre parcel. A detuiled site skctch of these t�w
proposals is shown on Figure 2, provided as Attuchment #2 to lhis Report.
, PL�WIJING REPORT' N(IMBER PD. OS•00 Datc: Febniery 8, 2000
•Subject: A. Christ (A1sar Farms) Page 4 0 4 9
One lot fronting on the Gighth Concession Road, of about 0.8 of a hectare, is to be creatcd
from Parcel4 for a surplus dwelling, This will reduce Parccl4, from which there has bcen
u previous severance for a retiremenl lot, to 38.4 heclazes in size. A detailed site sketch of
the area for tha proposed lot is shown on Figuro 3, which is provided as Attechmcnt #3 w
this Report.
Two lots fronting on the Seventh Concessian Road, euch of nbout 0.8 of a hectnrc, are
proposed to be created from Parcel 5 for surplus farm dwellings. Parcel S, from which
there has been a previous severance for a retirament lot, will as a result be reduced to
85.5 hectures. A detailed site sketch of the nren for the proposed lots is shown on Figure 4,
which is provided as Attachment tt4 to this Report.
A chart is also included with this Report which identifies the rond frontage of the various
Alsar Facm pnrcels, and indicates the number of existing residcnces on each, thc sizc of the
proposed land severance or lot addition, thc sizc of thc remnining farm Innd, and thc
number of previous severunces on thc pnrcel (sca Atwchment #5)
2.0 Discussion
2.1 Thc Officinl Plan Context
Thc Durham Regionnl Official Plun designntes the Alsar Fnrm pro�crties as
Pcrmancnt Agricultural Rcserve (a morc detAiled description of official plan designations is
provided in Attachmcnt #6). Similarly, thc Pickcring OtTicinl Plnn dcsignates the Alsur
�pnns properties us prcdominnntly Agricuhuml Areus, with Open Spnce — Naturnl Areos on
thc stmam comdors.
Thc goals of thc DurhFUn Plan for Innds in agriculturnl dcsignations orc to protect und
mainwin ngricultuml Innd for future generntions, nnd to support a hcnithy nnd productive
agricultuml industry. 'fhe Plan stntes thnt Permuncnt Agricultuml Rcserve Areas shall bc
restricted to ngriculturc und fnrm-rclated uscs, und thnt thc intrusion of urban Innd uses into
agriculturnl ureas shnll not be permitted. Similar to Ihe Regionnl Plan, Pickering's Plan
intcnds thut ngricultuml land be protected ovcr thc long tcrm, for existing und future
gcncrntions.
Further, Regional Council has policics uimed at discouraging thc fragmentAtion of the
ngricultuml lund base, nnd encouraging the consolidntion of agricultural parcels. Under the
Regionu! Plan, the minimum pertnitted size for nn agricultural or fsim�-related parcel is
40 hecuues. The sevemnce of rural residential lots is not permitted in areas designntcd
Pertnnnent Agriculwral Rescrve, except for n fnrtncr's retirement lot, or by nmendment for
surnlus fartn dwellinas resultinQ from consolidation of non-abuttina farms Non-fnm� lots
are encourngcd to be na lnrger than about 0.6 of n hectnrc. The Pickering Plun has no
specific requirements for the severance of surplus fnrtn dwellings, or lot line adjustments.
2.2 Severunce of Surplus Dwellings
The Durhnm Plnn enables, ttuough consideration of an officiul plan amcndment, the
sevcrunca of fazm dwellings rendered surplus as n rcsult of n fnrmer acquiring a
non-nbutting furm, provided that,
• the dwelling is not needed to house a fartn employce,
• the farm to be acquired is a viable siu, nnd
• no further severnnces shnll be permitted from the acquircd farm.
In addition, any scverancc in lhe nual arca must be ablc to dcmonstrntc thet it cnn comply
with the minimum sepnration distance requircments of the Agricultuml Codc of Prnetice.
O5O � pLANNING REPORT NUMBER PD. OS-00 Date: February 8, 2000
.• 'SuLject: A. Christ (Alsar Farms) Page 5
In revicwing this pert of thc appiicant's proposal, staff hnve undertaken a site visit,
reviewed the applicant's submitted Planning Anniysis nnd Agricultural Assessment (sec
summary provided on Attuchment N6), and reviewed certain agricultural trends and policies
in tha Greatcr Toronto Arca (GTA). Stnff concludcs that Alsaz Fnrms is a bona-fidc
agriculturnl operation. They are investing significantly in Innd, improving that land
ilvough tile drainage and clearing, as well as investing in equipment, implement shcds, and
silos. While the Alsar Furm holdings aze lazger than uverage in the GTA, consolidation of
fnrm parcels is consistent with the trend being experienced across the GTA and Ontnrio,
and is consislent wilh Regional policy.
Although a few of the farm purcels were just under the minimum 40-hectarc size when they
were acquired (having previously had retiremant lots or other severances), they are clearly
viable for ugricultuml purposes, and would remain so nfter severnnce of the surplus
dwellings. Funher, nithough the proposed minimum lot size for three of the lots for surplus
dweliings is slightly nbove the 0.6 of a hcctttre dcsircd by the Region, this lot size will not
result in a significant loss of lend from production, nnd wili nllow the proposcd lots to meet
Pickering's minimum by-Inw requirements of 0.8 of a hecUve.
The applicunt's Agriculturnl Assessment cxplains that the structures mmaining on the fann
parcels nrc being used as implement shcds, not for livcstock, and thus, there will be no
conilict with the minimum distunce sepurution requircments undcr the Agricultuml Code of
Practicc.
'fhc opplicnnt is retnining onc dwclling in the cvent the necds of Alsnr Farms changc for
nccommodating fnrtn cmployces. Alsar Pnrms hnvc adequately demonstrated thnt 4 of the
dwellings sue surplus to the opemtiods necds. Accordingly, stuff recommends this part of
the nmendment be opprovcd, but with modificntions, as detailed in the following section.
2.3 Concern Regurding Puturc Residentinl Dcvclopment on Rcmaining Rarm Pnrcel
Whcn ubuttine furtns are purchnscd, nnd a surplus dwelling is severcd, the Regional Plnn
requires the two furtns to be mcrged into n single ownership. This hns the effcct of
prevcnting anothcr residcntial dwclling from being conslructed on thc consolidntcd farm.
However, when non-abuttine furm pazccls ure purchascd and surplus dwellings severed,
there is no policy to prevent nnother dwelling from being constructed on the rctained fnrm
parcel, unless additional controls nrc applied to the rctained fnrtn parccl.
Stnff is concemed that, nithough the policy enabling severance of surplus farm dwellings is
consistent with the Regionnl gonls of fnrtn consolidution and support of a heulthy und
productive farm industry, the subsequent construction of u dwelling (whethcr or not thnt
dwelling is proposed for future sevcrance) would be another intrusion into the agriculturnl
areu thut incrementnlly works agninst Regional policies discoumging intrusions into and
fmgmenwtion of fnrmlend. A similar concem was mised by the Durhum Region
Federntion of Agriculture (see comment, Attachment #9).
Stnff have reviewed various mechunisms, which could provide controls over the futurc
construction of residentiul dwellings on remaining farm parcels, following severance of
surplus dwellings. These includc:
• modifying the actunl OlTicial Plan policy (nt either n gcneml, ar sitc-spccific
level) to ndd provisions which prohibit the construction of a dwclling on
remaining ngricultural pnrcels;
• modifying the uctual Official Plnn policy (at eithcr n gencral, or site-spccific
level) to add provisions which require rczoning of the remnining fartn pnrccl
to prohibit the consWction of dwellings;
. PLANNINC3 REPORT NUMBER PD, OS-00 Dutc: Fcbmary 8, 2000
.• SubjecC A. Christ (Alser Farms) Pagc 6 051
• requiring, as a condition of severancc approval, the owner to rezonc, (or in thc
case of these parcels in Pickering, requirin� the owner to emcnd the
Minister's Zoning Order), on the remaining farm parcel to rcmove the
permission to construct n dwclling;
• requiring, ns a condition of severance approvul, the registration of a restrictivc
covenant on title of the mmaining agricultural parcel, prohibiting thc
construction of u dweiling; nnd
• requiring, as a condition of approval, the owner to entcr into an agrcemcnt
with the City to not constcuct a dwcllin� on ihe remeining agricultuml pazcei.
In reviewing these options, staff find thut the most cffective appronch would be n gencral
policy in the Regionnl O�cial Plan prohibiting a future dwelling on the retuined farm nnd
rcquiring rezoning to remove the pertnission for u dwelling on thnt retained farm, for all
such proposed scvernnces of surplus dwellings nrising from the consolidntion of
non-nbutting fwms. The next most ef}'ective approuch would be to includc a prohibition on
constructing u dwcliing on u rctnined farm in the wording of each amendmcnt rcqucsting
pertnission for sevemncc for surplus fnrm dwellings.
Leaving ull controls to thc Innd division proccss, without nny supportivc Rcgional policies,
mny rcsult in inconsistent applicntion of the controls across thc Region, And Ieave the
condition susceptiblc to greuter chullenge nt the Ontnrio Municipal IIonrd. Rcstrictive
covenunts and agrcements mny work when therc is a willing property owncr, but may be
subject to chnllengc if thc property owner is not co•operntivc, or oncc thc property is sold.
Niagara Region hac successfully been implementing the requirement for rezoning of
retuined fnrtn parccls for a numbcr of ycnrs. A copy their Rcgional Official Plnn policy is
altached (scc Attachment NIO). Niugara Rcgion rcquircs thc lands bc rczoned as n
condition of land scvcrancc, and specifics that the owner cannot npply to obtain pertnission
for a rcsidcntinl dwclling for u minimum of tcn ycars. Thc request would then bc
rc•evuluatcd through a public proccss aflcr that 10•ycar timc period. Somc Ningaru Rcgion
municipnlitics havc strong policics to guidc thc cvaluation of thc futurc rezoning.
Stal'f concludes that n similar typo of policy warrnnts considcration in Durham Rcgion. A
rcsolution rcqucsting that Durhnm re-cxnminc policy 12.3.12 is provided in the
recommcndntion section of this Rcport. Slnti' recommends Council ndopt this rcsolution
nnd fonvard it to thc Rcgion of Durhnm.
}iowever, since thc owncr of Alsur Farms is ogrccuble to the controls proposed, staff
rccommend that amendment application OPA 99•008/D be dealt with on a site-specific
basis, nnd not awnit n bronder Rcgional rcview. To this end, stnli hnve proposed u
modified wording to the applicant's proposed amendment (see Appendix I). On u technical
mntter, it is nlso noted thnt one of the roll numbcrs refercnced is obsolete and should be
deleted. It is recommended thut City Council endorse the official pinn modification, and
request thc Rcgion approve the onciel plan nmendment as so modified.
2.4 The Lot Line Adjustment Rcquest
Section 12.3.15 of the Durhnm Regionnl Ofiiciul Plnn also provides for the minor
adjustment of lot lines provided
• non-viuble fwm pnrcels are not crcated,
• agriculturnl lend is not fragmcntcd, and
• ngriculturnl activities arc not adversely affccted.
In additiou, nny conscnt in the ruml aren must be nble to demonstrate thni it cnn comply
with the minimum scparution distancc rcquirements of the Agriculturul Codc of Practice.
� PLANNING REPORT NUMHER PD. OS•QO Dnte: Febniary 8, 2000
�52 5ubject: A. Christ (Alsaz Fazms) Page 7
In reviewing this part of lhe npplicant's proposal, staff have underlakcn n site visit, and
reviewed the applicant's submitted Planning Anelysis end Agricultural Assessment (sce
summary provided on Attachment N6).
Staff notes that the Innds proposed to bc added to lhe Christ property do not encompus any
lnnds currently being cultivnted. 'Thc lands would not be ablc to be farmed due to the
existing locutions of the ferm ownet's personal recrcational facilitics, such as tennis courts,
and ball diamond. Thus, moving tho lot line ta the east would not cnusc fragmentntion, but
mther, would recognize the existing condition. Further, this 4-hectare parcel is separated
from the bulk of the arable farmland by a woodlot such thnt existing agricultural uctivitics
to the east would nat be adversely afi'ected.
Although the proposed 5.7•hectazo pazcel falis beyond the Region's preferred 0.6 07 a
hectare maximum size for a rural residential parcel, the existing fucilities located on thc site
suggest nny retum to agriculture is unlikely. Thus, thc resulting lot siu would be
acceptable. Further, the bams and structures on thc lunds to be added to the
Christ residence nre being kept Cor aesthetic and non•furm purposes. With these structures
forming pnrt of thc non-farm lot, there would no longer bc u patentinl for conflict under the
minimum scpuration rcquircments of lhe Agricultuml Codc of Practicc.
Thc rcmuining ngricultuml parcel would bc rcduccd to 34.5 hcctnres, if bath thc surplus
dwelling is scvcrcd und the lot linc adjustmcnt is approved. Again, nithough this is slightly
Iess thun the 40•hcctnrc minimum idcntified in the Durham Plan for viable }'urm parcels, it
would remnin viablc for ngriculture. Staf(' is sutisficd thnt thc Alsur Farm operation
constitutes n bonn•fidc fnrtn, and thnt no lunds currcntly bcing farmed would be removed
from agriculwml production ns u result of the site•spccific amcndment to permit n lot line
udjustmcnL Staff concludes that lhc proposcd lot (inc adjustmcnt is wnrrunted and that the
amendment should bc approvcd (scc Appcndix II). Stnff recommends that City Council
rccommcnd that thc Rcgion of Durhnm approvc puri 2 of the application.
2.5 Thc Ministcr's Zoning Ordcr Amcndmcnt
The htinister's Zoning Order govems most of the Alsar Farm holdings. Alsar Parms has
rcquested thnt rcquircd lot areu, frontoge, ynrd, or othcr standnrds ns may be required, be
nmended to enable severancc of the surplus dH�ellings nnd lot line ndjustment to proceed.
Approprinte conditions of approvul hnve been includcd As set out in Appendix II[ to this
Report. Thcsc conditions addrcss among other mattcrs, thc requirement for the retnincd
fnrm pazccls to havc residcntinl use deleted as n permitted use.
Other conditions include: thnt a dmR survey be submitted to the City so that zoning
complinnce cun be asccrtnined; that approval of the Committee of Adjustment be rcccived,
where necessary; and thut finul provisions for the amending regulntion be forwnrded by
City staff once the Regional Land Divisicn Committee has given conditionnl npprovnl of
the severnnce. Thus, in the event the severancc is not applicd for, the
Minister's Zoning Order is not nmended. In the event the Minister's Zoning Order is lifted,
City staff would initiate n housekecping a�nendment to the City's zonin� by-Inw thnt would
re-establish the prohibition of rcsidential uses on the rctaincd farms.
Stnff recommend thnt Council approve the zoning order amendmcnt as modificd to prohibit
dwellings on the retuined fami pnrcels, subjcct to the conditions outlined in Appcndix III,
nnd thut these comments be fonvnrdcd to the Ministry of Municipal Affairs and Housing.
�� PLANNING REPORT NUMBER PD. OS-00 Date: Februery 8, 2000
.• 'Subject: A, Christ (Alser Farms) Page 8 0 5 3
3.0 Applicant's Comments
The recommendations of this Roport were discuased with the applicant's ugcnt. Thc agent
advises that thc owner is agreeablc to restrictions being placed on thc t}vec fazms Gom
which the surplus farm dwellings arc proposed to be severed, preventing conswction of a
dwelling in the future. The agent is concemed, however, that the rcquest for a gcneral
policy review at the Regionul level may hold up processing of this site-specific amendment.
It is nol the intent of City staff to hold up this site-specific amendment for the bronder
Regional policy review, particularly in light of the owner being agreeable to restrictions on
the ihree retained farm parcels. Accordingly, staff rccommend thnt the Regionnl revicw of
the broader policy matter follow considerntion of Regional Officiul Plan Amendment
Application 99-008/D.
ATTACHMENTS:
I. Figurc 1: Alsnr Fnrms Land Holdings (Location Mnp)
2. I�i�ure 2: Proposcd Sevcrnnce and I.ot Line Adjustment (Westney Rond)
3. Figurc 3: Proposcd Scvcrancc (8th Concession Rond & Sidclinc 6)
4. Figurc 4; Two Proposed Severunces (7th Conccssion Road)
5. Summnry Of"Alsnr Fnrms" Propertics
6. Bnckground Infortnntion
7. Durhnm Rcgionnl Plunning Commissioncrs Report No. 1999-P-83
8, Durham Regional Public Mecting Minutcs of November 9, 1999
9. Durhum Region Pederution of Agriculture Comment
10. Amendment 1 I t to thc O�cinl Plnn for thc Ningaru Planning Areu
Prcpared IIy:
Valerie R. odrigues, IP, RPP
Senior Plnnncr
���h�
Catherine L Rose
Mannger, Policy
VRR/CLR/ph
Approved / Gndorsed by:
Neil Ca
Director, ng and Development
Recommendcd for the consideration of Pickering
City Council
� � � Oad v
mas J. Quinn, hicf A min s O �cer
054 .
APPENDiX I TO
PLANNiNG REPORT NUMBER PD OS-00
RECOMMENDED MODIFICATIONS TO POLICY AMENDMENTS
FOR
DURHAM REGIONAL OFFICIAL ALAN AMENDMENT APPLICATION 99-008/D
Modify the applicnnt's proposed amendment, to add paragmphs x), xx), and x�c) to scction
12.3.12, of the Durhom Regional Official Plan, so ihat it reads as follows:
[Note: City additions nre underlined, and City deletions ere struck out.]
12.3.12 Notwithstnnding section 12.3.11, a soveruncc of a fn►m dwclling rcndered surplus as
n msult of a fnrmer ucquiring n �on-abutting farm mny bc nllowed in ngricultuml
areas by funendment to this plsn, providcd ... . Thc following severances have
been considered by amendment to this Plan nnd ure permitted:
"x) Two surplus furm dwellings as severed from u parcel identified as
Assessment No. 18-10-030-008•0250 , located in �
Pnrt of Lots 7& 8, Concession 6, fortncr Township of Pickcring, City of
Pickering. However, no further dwcllines shall be nermitted to be
constructed on the anrcel so idennficd and thc owner shnll as u condition of
npprovnl of nnv land severnnce aaalicntion be rcquircd to chanee thc mnin�
on the rcmincd farm parcel to rcmove n rcsidcntinl dwcllina ns u nertnitted
use;
xx) A surplus farm dwelling ns scvercd from a pnrccl idcntified ns Asscssment
No. 18•10-030-007-21700, located in Pori of Lot 7, Concession 8, former
Township of Pickering, City oF Pickering. Howcver, no furthcr dweliin s
shnll bc permittcd to be constructcd on the parcel so identificd, and the
owncr shall, as u condition of nnnroval af anv land sevcrancc naplication bc
rcqmrcd to chnnec the zonina on thc rctnincd fartn anrcel to removc n
residenpal dwcllme ns n pertniltcd usc�
xxx) A surplus fnrtn dwelling as scvercd from u pnrccl idcntified as Assessment
No. 18 10-030-007-29910, localed in Pari of Lots 9& 10, Concession 7,
fortner Township of Pickering, City of Pickering. However, no further
dwellings shull be ncrmitted to bc canstructed on the aarcel so identificd
nnd thc owncr shall as a condition of aoprovnl of anv land scvcrance
apphcauon, be renwred to chan¢e the wnine on the retained farm uarcel to
remove a res�dential dwellme as a aermitted use."
i��-.. ' . . , . .. �. .. . . .
' APPENDIX [I TO O55
PLANNING REPORT NUMBER PD OS-00
APPLICANT'S PROPOSED AMENDMENT
TO THE DURHpM REGIONAL OFFICIAL PLAN
FOR THE PROPOSEp LOT LINE ADJUSTMENT
Add the following paragraph to section 12.3.15 of thc Aurham Regionel Official Plan:
"The foliowing lot line adjustment has been considered by amendment to the Plan and is
pertnitted:
x) The conveyance of a 4-hectare parcel from a 39-hectare farm, identified as
Assessment No. I8-01030•007-29910, located in Part of Lats 9& 10,
Concession 7, former Township of Pickering, City of Pickering, to a 1.7-hectarc
residential lot identified as Assessmcnt No. 18-01-030-008-30000, locnted in part
of Lot 10, Concession 7, fortner Township of Pickcring, City of Pickering:'
I
_ t.:
�56 � , APPENDIXIRTO
� PLANNINC REPORT NUMBER PD OS-00
RECOMMENO�p CONDITIONS OF APPROVAL
FOR
MINISTER'S ZONING ORDER AMENQM�NT APPLICATION 18Z0-0Z999-03
'Fhat prior to issuance of the amending regulation(s) by the Ministry of Municipal Af'fairs and
Housing,
(a) the related Regional Official Plan Amendment Application (OPA 99-008/D) is
npproved and comes into effect;
(b) conditional approval has been received from the Durhnm Region Land Division
Committee for the respective lot for a surplus dwelling or the consent for a lot linc
adjustment;
(c) the City of Pickering has received drnft rcference pinns for the respective new lots, both
severed and rcWined, to determine zoning complinnce;
(d) the City of Pickering's Committee of Adjustment hns grnnted approvnl to nny necessary
varinnces of lhe City's zoning by-laws, which includcs nt Iet�st a variance of lot nrea for
the proposed surplus dweiling lot on Westney Rond;
(e) Swff from the City of Pickering's Pinnning nnd Dcvelopment Depnrtment has
fonvarded n letter to the Ministry dctniling the prccisc provisions to bc inciuded in the
rcgulution(s), which may include but is not limitcd to thc following provisions:
(i) for thc lot for n surplus dwelling, u minimum lot GonWge of 60 metms and a
minimum lot nrcn of 0.5 of a hcctnre;
(ii) for thc lots for surplus dwcllings on thc Scvcnth nnd Eighth Concession Roads, n
minimum lot Gonwgc of 60 metres, und n minimum lot arcn of 0.8 of n hectam,
and other stnndards us required by the City's "A" — Rurnl AgriculWrul Zone ns set
out in City Zoning By-Inw 3037;
(iii) for the farm parccls from which thc surplus dwellings are being severed, n
prohibition on a residcntial dwclling,
. ' ATTACHMENTIiTO
, nu�NNINO RE10RT r OpS_�
. . ' 057
m
Figure 1 Alsar Farms Land Holdings
^
( Ci f y of Pickering)
l01 U l0T t2 L01 11 LOT �0 l0i 9 �or e wi i w� o .�� � .�� - --• - --• -
�
�
�
_
0
u
_
0
058
AttACHMENT n � TO
PLANNINO REPORT N�PS'�
Figure 2
_ � Proposed Severance
and Lot Line Adjustment
�• • • • eco..m fro�ee•) • • • •�
„n ,•.--"'----'--------'-----'---"'•
d��/� ,; �
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R\ conveyed to \ ��� I °i
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y Chris� Prope�fy i\l\ w000�oi
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�Parcel to be severed
0.5ha (1.3oc)
0 5o t00m
� i i i i� i
ATTACHMENiM '�TO
• PLANNINO HEPp�i/` 1„��Qe � <.
? . �,
,k,
,„
-, ,,..
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05j".':
. Figure 3
� ,. Proposed Severance
I �' • • J19.Sm (11�6.7]') • • �
I u
0'8
I � � . �60.7� (199.J'1 _
I
� Parcel
� to be
retoined
38.4ho (95acJ
�.
( m OGrain ai em (�ce.r>
•� /
eins fjf7J7T
I E �/ j
/
i °' Imptement ( j/ PO/Cel
Shed � �aro e� to .be�
m 9 �severed �
I ,I / �
� � I�o.a�no (2.00�)�
we�� i j////
I af j Seplic
i
� � Dwelling /
I P�oposed � j/
Foim � �
I Ac�s
� A 323.3m (1060.8') 1 iBt.Bm (768.2')
8TH CONCESSION RD.
fV
�
rL•�
z
�
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�
0� 10 20 30 10 SOm
' ATTACHMENTN � 7Q1
' � PLANNINO. REPORT p,_.l ��o
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Figure 4
� Proposed Severance
7T�-� CONCESSION ROAD „o ,T „910•,
Parcel
to be
retoined
85.5ho (211.2oc)
�
0 SOm
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ATTAChiMENT p '� TO
PLANNINO REPORT p��o
� O61
SUMMARY OF "AI.SAR FARMS" PROPERTIES
1 I 0.5 ha (1.3 ec) for 34.5 ha (84.2 ac) 2
(Wesmey Rd.) (see Figurc 2) sevemnce;
4 ha (9.9 ac) to be
added ro Chris�
ro (Parcel8)
2
(Eighth Concession Rd � 58.2 ha 0
& Sideline B--note (144 acres)
Stdeline B only open lo
north of Parcel I )
3
(Eighth Concession Rd � 46.1 ha I
k Sideline 6.) ( I 14 acres) (Community
Centrc)
4
(Eighth Concession Rd � 0.81 ha (2,0 ac.) 38.4 ha (95 ac.) I
& Sideline 6) (g�e Figurc J) (Previous
Relircmem Loq
5
(Seven�h Concession Z 0.8 he (2.0 ac.) 85.5 ha (211.2 ec.) I
Rd. & Selem Rd. — (sec Figurc 4) 0.8 he (2.0 ac.) (Previous
note: Sidelinc 8 Relircmrnt Lot)
uno ned)
6
(Eigh�h Canccssion Rd � 40.4 ha 0
k Sidelinc 6) (100 acres)
7
(Highway7—note: � 26.7he 0
Sideline 8 uno ned) (66 acrcs)
g "Christ incrce�ed by 5.7 ha (I4 ac) n/e
(Westney Rd.) Residence" 4.0 ha (9,9 ac.)
(ue Figuro 2) from Parcel I
0.62 •
ATTA:HMENTH � TO
PLANfJINO FEPORT N PDS'o 0
A. CHRIST (ALSAR FARMS)
BACKGROUND INFORMAT[ON
• OP.4 99•OOB/d;18zo-U2999-03
1.1 Official Plun Desittnations & Zonina
The subject properties arc all desiQnated Permanent Agricultural Rcserve in thc Dur6em
Regional Oi'ticisl Plao. Lands designated Pcrmnnent Agricultural Rescrve aze to be
restricted to agriculturnl and farm•rolated uses. By amendment to the Plan, the scvcrance of
a fazm dwelling rendered surplus as a result of a furmer acquiring u non-abutting fnrm is
pecmitted, provided that the dweiling proposed to be severed is not necded ta house a furtn
cmployee, and that the remaining fazmland is IeR at u viable size. Furiher, the
Transportation Schedule indicntes th¢t the northem portion of property number 7 and the
southem portion of property number 5 ate potentiaily affccted by the proposcd
Highway 407 alignment and its proposed interchengcs. 7'he Plan delineates the proposed
Geeway wilh Open Spuce Linkages etong both sides, but this does not impnct the location
of uny proposed surplus farm msidences intended to be severed.
In the Pickering Ofticfal Plan, nll the subject propeAics are designnted Agricuitural Areas.
Thc Plnn states thut, in designuted Agricultural Areas, lands are to be used primnrily for
agricultural uses such as the growing of crops and ruising of nnimals, yet nlso notes that
farm dwellings and home occuputions nrc also pertnissiblc uses. Agricultural uses, existing
lawful rcsidcntial dwcllings, and ncw residcntial dwcllings an vacnnt lots arc permissible
uscs within this designntion.
In nddition, Opcn Spacc Systcm - Nnturol Arcas designntions arc found nlong thc
watcrcourses as gcncrally depictcd on Figurc 1. Thc most custerly surplus farm residcncc
located on parccl number 5 could be ntTected by n Nnturnl Arens designution nlong its
cnstcro sidc. Howcvcr, cxisting Inwful rcsidcntial dwcllings arc pertnissiblc uses in Natural
Arcns. Pnrccl numbcr 5 is also designntcd Frcewnys and Major Utilities - Controllcd
Acccss Arcas along its southcm limit for thc Proposcd Iiighwny 407 nlignmcnt.
Pnrcel 7 hns u site-spccific cxccptian to thc Pickering Plun for a cemctcry use (ulthough thc
currcnt property owncr is not pursuing u cemetery usc and as such the City's filcs on thcsc
matters will bc closcd nccordingly).
The Ministcr'a Zoning Order No. 1 covers nll of thc subjcct propertics, except for thc
north portion of propcny number 4 on Attachment Nl, which does not include the sitc of o
proposed surplus dwelling. This Zoning Order pertnits agricultural uscs nnd nccessory
buildings and structures, including ore detached dwelling used in connection with nn
ngricultural operntion. All uses are to huve u minimum lot aren of 10 hectnms, a minimum
lot frontnge of 182.88 metres, and front, rear and side yards of 15.24 metres. As nonc of
the proposed surplus dwellings would camply with these rcquircmcnts, Zoning Ordcr
amendments to permit these severances have been requested by the applicant from the
Ministry of Municipul Affairs nnd Housing.
All the affected properties are zoned Rurnl Agricultural "A" in Pickering's Zoning By-law
3037. This zoning permits agricultural uses, accessory agricultural rcsidential uscs (sccond
dwellings for bona-fide agricultural users), and residentinl uses ure permitted with n
minimum lot frontage of 60 metres end minimurt► lot area of 0.8-of-u-hcctnm.
For lends covered by the Mlniater'a Zoning Order (MZO), the Zoning Ordcr prcvuils.
However, it is Pickering's prncticc to require emendments to the Zoning Dy-law if the
MZO request does not confor►n with the zoning by-law. Sta(T is elrcndy nwum that thc
proposed lot severancc on Westney Road wil) not comply with the By-law's lot arca
minimum. Consequently, it is enticipaud that a minor veriance application to the City of
Pickering's Committa of AdjusUnent will be rcquircd nt thc dme of, or as a condition to,
the lend severance application. During review of lhe subscquent severance epplicadons,
the locadon of all nmafning swctures will be chceked against the City's zoning
• , ATTACHMENTp L 70
PLANI�IN� REPORT p.�Q'��t1
" ' Page 2
A. CHRIST (ALSAR FARMS) 063
BACKGROUND INFORMATION
requirements. All aspccts of the proposed severances and the lot line adjustmcnt will nced
to compiy with Pickering's minimum mning by-law requirements,
1.2 Reaional Public Meetinrt
A Public Meeting for the proposal was held by Aurham Region on November 9, 1999.
Commissioner's Report No. 1999-P-83, which summarius the applicant's proposal, is
provided for reference (sec Attachment #7). No agency or public rcpresentatives asked
questions nor made any comments at thc Meeting. A copy of the Meeting Minutes is also
provided (see Attachment #8).
1.3 SmtCs Site Visit
On Novcmber 15, 1999, Pickering Planning and Development StatT, Regionnl Planning
Stafl; the Fnrm Managcr, nnd the applicnnt's agent and ngricultural consultnnt toured the
various farm properties, proposed severances, and proposed lot line adjustment.
1.4 Public & Asencv Comments
Onc agency comment hus becn rcccivcd by Durhnm Region stuff rcgurding this proposnl
(see Attachment N9). Thc Durham Region Fcdemtion of Agriculturc huve indicuted
concem primarily wi►h thc number of proposed surplus dwclling scverances. They note
►hat two of thc subject properties with sevcmnces proposcd hnd rctiremcnt lot severances
permitted previously (purccl numbcrs 4 d� S on Atmchment NI), nnd that these odditionnl
scveronces nnd thcir likcly futurc non•farm owncrship will result in further }'rngmentation
of thc agriculturnl lunds in this arca, nnd a potential for non•fartn/1'artn con0ict which
prevents the ability oC farm operotors to opernte efficicntly nnd economicnlly. They
rccommend thnt cxtremc curc bc tnken when considcring this application nnd its futurc
implicalions.
No wriucn commcnts from the public havc becn rcceived.
I.5 Documcntntion Provided
A"Planniog AnAlyais" dnted June, 1999 and prepared by Valeric Cranmer & Associntes
Inc., describing thc plunning merits of thc proposnl, was submitted far rcview. This
Analysis concludcs that the changcs proposed to the Regional Official Plnn ure in
accordance with the Provincial Policy Statemant end the Regional Oi'ficial Plan, both of
which nre supportive of the furming industry and fartn consolidntions; arc in confortnity
with the Pickering Official Plan and the Ministers Zoning Order; are compatible with
surrounding uses; would not create purcels too smnll to remain viable far farming;
rccognize the owners long-term commitment to agriculture in a nual nrea which is
experiencing competing challengcs; and will assist in eliminating potential conflict betwecn
existing agricultural and rural residential uses.
An "Agricultunl Assasment" prepared by Toombs Consulting, dnted Muy, 1999, is nlso
included with the Plenning Annlysis report. This Assessment indicates that thcre would
rcmein no conflict with the minimum xparation of non•farm dwcllings to cxisting or
potential livestock operations once existing vacant bams arc incorporated into thc farm
ownet's private tural residential lot through epproval of the subject lot adjustmenUaddition,
end once a bam is removed from the rcmeining farm property between the two surplus
dwellings being considered for future sevetence Ihrough this application (see Figurc 4).
StafTunderstand lhat the latter bam was, in tect, removed during the first wcek of Febrvary,
2000.
ATTACHMENTp�TO
PLANNINO REPOR7 N��ppp
�OS4 A. CHRIST (ALSAR FARMS) Pagc 3
BACKCROUND INFORMATION
Also Included within the Pinnning Anelysls teport is a copy of the resulfs of an
environmental analyaG proparcd by C},M. Scmas & Associates Ltd. as part of the Site
Screcning Questionnaire submitted to the Region with the application for emendmcnt to thc
officiel plan which indicates that there is low potential for environmental contamination
based on their analysis of a soil samplc, rovicw of records, end intervicws.
�i
� _ :
i .,
,i ' �
� r .::A - '� � - - _ . .
�
ATTACHMENTMZ70
PLANNINO REPORT X��
Plenning DepaAmenl 065
Comm(saloner's Rep� Planning CommiHee
Report No. 1999•F�83
Dale: November 9, 1
SUBJECT
Public Meeting Report
Application to Amend the Durham Reglonal Official Plan, submftted by Alsar
Fartns, to pertnit the severance of four surplus fartn dwellings and a lot Iine
adJustment to convey a 4 ha parcel of land aupporting exisling farm structures
to a rural resldentlal Idt in the Town of Pickering, File OPA 1999-008
Correspondence No. 99-386 dated June 21,1999 from Alsar Farms Llmited
(Applicalion)
(A •Notice o( Public Meetfng' regarding this matter has been advertised in the
approprialo newapaper).
1. THAT Commfssioner's RepoA No. 1999•P-83 ba recefved for informallon;
and
2. THAT all submissfons be received and refertsd to the Planning Deperlment
tor consideralion in the processing of this amendment applicat(on.
REPORT
1. u os
1,1 This report provides informatfon on a proposed amendment lo lhe Durham
Regional Official Plan, which is lhe subJed of this public meeling.
1.2 A'Notice of Public Meetfng' regarding lhis applicatfon has been adverti�ed in
the approprfate newspaper. This report was made avaflable lo the public
pdor to lhe meeAng.
` 2, Aoolicatfon and Backaround
2.1 On June 17,1999, Alsar Farms submitted a Regional O(ficial Plan
amendmenl application. There are lwo componenls to the applicaUon.
Firstly, the applfcant is proposing to sever four fartn dwellings rendered
surplus as a result of ttie consotidation of non-abuttfng farm parceis and
secondly, the applicant is proposing a lot Ifne adJuslment to convey a 4 ha
(9.9 ac) parcel of land conlainfng exisUng farm structures, lo a rural
residential lat.
2.2 The applfcaVon fnvolves four of the eight properties owned by Mr. and Mrs.
Christ of Alsar Farms in lhe Town ot Pfckering (refer to Atlachment 1), The
subJect four properties ere locatad norlh of Highwey No. 7, east of Westney
Road, soulh of Regional Road No. 5 and wesl af Sa�em Road in the Town ot
Pfckering tn lats 7 through 10, Concessions 6, 7 and 8. The lands
eurrounding lhe aubject propertfes conslst predominenlly of ag�icullural and
rurel realdenUal uses.
� Properties 1 and 2
Property t on Atlachments 1 and 2, le a 1.7 he (4.2 ec) rural reslde:n0el lot
ironling on Wealney Road. Thle lot aupporle a larpe houae which in where
Mr. and Mra. Ch�ist ot Alaer Ferme reslde. Propedy 2 on Altechmenla 1 end
2, Ia 39 he (98 ec) In size end eupporls en exisdng dwelling, gerapo, lhree
bamo, eeveral ehede, a pond, e lennte court and e besebell dlamond. The
eaetem podMn oi Property 2 Ia treversed by a Wbulery o! Cartuthbre Creek
Propertlee 1 end 2 ere tocated east oi an environmenteily eenekivi3 area
eeaoclated with Duffin Creek end lhe Outdoor Educatlon Centre o( the
Cleremont Coneervatbn Area.
� Vv6
�
ATTACHMENTa_�TP 5-o�D
PLANNINO REPORT H._L—
Mr. and Mra. Christ are proposing that a.53 ha (1.3 ac) lot contafn(ng the
exfatfng dwellfng on Property 2, be severed as il is considered surplus to the
neede of the farming operadon and lhat a 4 ha (9.9 ac) parcel trom Property
2 containfng tiie existing barns, sheds and other slructures, be conveyed to
Property 1. This would result (n the size of Property 1 increasing to 5.7 ha
(14.1 ac) and Property 2 decreasing to 35 ha (86 ac).
. 2
Property 3
Property 3 is 39 ha (98 ac) in size and supports an existing dwelling, garage,
implemenl shed and a grain bin (re(er to Attachment 3). The northem
portion of Property 3 is traversed by a tributary of Duffin Creek. The lot
proposed for severance would be .6 ha (2 ac) fn size and would include the
house and garag�3. The existing dwelling is also considered to be surplus to
the needs of th•, farming operation.
Property 4
Property 4 is 79 ha (197 ac) in size and supporls two exisHng dwellings and
two bams (refer lo Attachment 4). A tributary of Carruthers Creek traverses
Property 4 and the soulhem boundary iies within the technically preterred
alignment for Hfghway No. 407. The applicant is proposing lo sever lwo .8 ha
(2 ac) lots each supporting one of the dweli(ngs. Both dwellings are
considered lo be surplus. One bam is not requlred for the farm operation and
will be removed.
� 2.3 Alsar Farms began operation in 1994. The lolal acreage o( farmlands owned
by Alsar Farms in the Town of Pickering is approx(malely 336 ha (832 ac).
The farmfng operatfon is engaged fn lhe production of field crops, including
wheat, barley, soybeans, com and hay. The servfces af a farm manager and
a nefghbouring farmer are used in the plowing, seeding and harvesting of the
crops. Casual farm help is also h(red on a seasanal basis.
2.4 There are cuRenGy five houses on the farm propertles owned by Alsar Farms.
All five houses are cunentiy rented. Four of these are the subJect of lhis
appiication. The remaining house is located on Property 5 which is the base
of the farming operation. The appiicant (ntends to retain this house to meet
any unforeseen future housing requirements.
3. Durham Reaional OHiclal Plan Context
3.1 The subJect propertfes are located wilhln the'Permanent Agricultural
Reserve" designat(on in the Durham Reglonel ONic(al Plan, Lend uses wfthin
the `Permanent Agricultural Reserve` designation are resUfcted to agriculture
1 and farm-related uses.
J
, J
. � AT7ACHM[NTa.,ZTp
,' PIANfJING qEPOiiT p POJ e9
Commlasioner'e Roport No. 1Bfl9-P-83 peg° q 0�,�
�
3.2 Section 12.3.12 of the Durham Plan permita, by emendment, the severance
of e fartn dwelifng rendered surplua as a result of a fartner acquiring a non-
abutling farm, provided Ihat the dwelling proposed lo be severed is not
needed for a farm employee, and lhe farm fs of a size which Is viabie for
farming. The O�Icial Plan also sUpuiates lhat no further severancea will be
permitted from the acqulred ferm. The applicant is proposing to sever four
dwe�lings considered surplus, from Ihree of the fartn propertiea (PropoNes 2,
3 and 4). The lhree subJect ferm properUes ere separated by roed
allowances. In the case o( Properly 2, lhe road atlowance is unopened. M
amendment to the Durham Reglonal OHicial Plan ls lherefare requlred.
3.3 SecUon 12.3.75 of lhe Plan s(ipulates Ihat a severance involving lhe minor
adJustmenl of lot Ilnes may be pertnitled, provided lhat non-v(able fnrtn
parcels are not crealed, agricultural �and is not fragmenled and agricultural
activiUes are not adversely aHected. The proposed lot Iine adJustment would
result in the reducUon ot the farm property l0 34.5 ha (Property 2) end the
, expansion of the rural residential lot to 5.7 ha (Proparty 1). The size ot lhe
remalning fartn property and the rural residential lot, do not comply wilh the
requiremenls of the Ourham Reglonal Officlal Plan, therefore an amendmenl
is requlred.
4. Ministers Zonina Order
The aubJect properUes ere located in an area of the Town of Pickedng whlch
Ia covered by a Mlnisler's Zoning Order. This order was esteblished lo
regulale Ihe use ol lands in proximity to the proposed alrpoit in Pickering.
The Zo�ing Order resUlcls the use of land lo agrlcultural uses. An appllcallon
has been submitted to the Mlnistry of Municfpal AHairs end Housing to amend
lhe Zoning Order to pertnit lhe aubJect severancea.
5, plgoosed OHiclal Plan Amendmenl
5.1 The epplicant is proposing that the Reglonal O(ficial Plan be amended as
foilows:
Add lhe tollowing Secllons lo erJaling pollcy 12.3.12:
"� A surplus farm dwelling as severed from a parce!ldanBlled as
Assessmenf No. 1801-030-007•289f0, locatedln Part Lofs 8 610,
Concesslon 7, lormer Tawnshlp o/Plckerfnq, Town o/Pickerinp,
g) A surplus farm dwelling as severed from a parcel ldenGlled as
Assesament No. 1801�030-007•21700, locafedln Part Lof 7,
Concess(on 8, formerTownshlp olP(ckering, Town oiP/ckering.
h) Tivo surplus larm dwellings as aevered from a parcellden0lled as
Assessment Nos. 1801�030-008-02500 and 180f-03-008-03000,
� /ocated fn Part Lats 7 d 8, Coneesafon B, former Townshlp o/
Plckering, Town ol Plckerfng."
Add the following SecUon to policy 12.3.15.
'?he following /ot llne adJustmant haa 6een conaldered 6y amandmenf
fo Uie Plan andls permltted;
�) The conveymce o/a � hacfere parcel from � 39 ha'ara hrm,
IdanUllad as Asiessmenf No. 180b030�007-2DD10, loc�hd !n Part
Lota 9 d 10, Concesalon 7, Porm�r Townihlp o1 Plckadnp, Town
o/Pfckednp fo � 1.7 hachn nrld�nWl lot Id�ntle�d �r
Astopmmt No.180f-030-007a0000�0000, fxafed !n Put LoHQ
Concosalon 7, formar Townihip ol Plck�dng Town ol PIcM►lnp,"
. �
O60
�
• ' ATTACHMENTS r TO
PLANNING REPORT q P1S�'—Oa
� Commiselo�e�'a Repart No. 1998•P•83 Pego 8
8. Consulletion
8.1 The applicalion hae beon clrculated to ihe Min(stry of Mwiicipal Affalre and
Housing,lhe Tawn of Pickering, the Toronlo and Region ConservaUon
Authoriry, lhe Mlniatry of TranapoAaUon, TranapoA Caneda, the Regbnal
Health DepaAmenl and lhe Reg(onel Works Department for comments.
7. Public Perticioalfon
7.1 Myone who altends ihe Region's public meeUng may present an oral
subm(ssfon, andlor provide a written submisslon, lo the Regianal Planning
Commiltee on lhe subjecl amendmenl. Also, any person mey make wriqen
submisslons al any lime before Reglonal Council makes a declsion.
7.2 It a person who files an appeal to lhe Onterio Municipal Board a( Regional
Counal's decislon on a praposed oHfc(al plan amendmenl does no! make
wriqen submissbna betore an amendment has been adopled by Regional
_� CounGl, ihe Ontario Municipal Board may dismiss all or part of the appeai.
7.3 Myone wishing lo be noUfied of Regional Council's decision on lhe subJoct
emendment must submit a written request to:
A.L. GeorgieH, M.C.I.P., R.P.P,
Commissianer of Planning. Planning Department
Regianal MuniGpaiity ot Durham
P.O. Box 823, 1615 Dundes Street East
4lh Floor, Lang Tower, West Building
Whitby,ON L1NBA3
8. Fulure Realonal Council Decision
8.1 Planning Committee will consider the proposed amendment at a future
meeling, and make a rewmmendatlon to Regional Councll. CounGl's
dec(sbn will be final unless appealed wilhin 20 days.
� 8.2 All persons wha made oral or written submissions or heve requesled
noGficatfon In wriUng, will be given written nolice of lhe future meetings ot
Planning Committee and Regional Cauncil el whicli the proposed
amendment will be wnsidered.
��
A.L. Georgie , A .0 .P., R.P.P.
Commfasioner ot Plenning
Altachment 1: Localion Sketch
Attechment 2; ProperGes 1 8 2
Attachment 3: Property 3
Attachment 4: PropeAy 4
RECOMMENDED FOR PRESENTATION TO COMMITTEE
�
Cj.H, bitt, M. .W., CA.O.
�
H:N•NpendulfODD117-04DD11iOC-0O6MAoc . . � � .
, . l:fiACHM[NTu! TO
, PLAN��ING REPORT u_ �OS�p
�69
�� - _. _. _."'__ _'...__ ... ..........�...,. v��n��� vr nwAH FAXMS
_ LANDB BUPPORTIN(i A SURPLUS DWELLINO AND PROPOSED FOR SEVERANCE
�%�J%� LANDS TO BE CONVEYEO FROM PROPERTY � TO PROPERTY 1
,..,�_�...,..,�
u
0.70�'.
ATTACHMENT p 8 T
PLANI�ING REPOR7 N�s;3p
) The Repiona� Municipallty of Dufiem
MINUTES
PLANNINO COMMITTEE
TUESDAY, NOVEMBER 9,1899
A regular meeUng of the Pianning Committee was held on Tuesday, November 9,1999
in the Planning Department Main Boardroom, Lang Tower, Weat Bu(Id(ng, 4°1 Fioor,
1615 Dundas Street East, Whitby, Ontario at 10:00 a.m.
Present Councillor Parish, Chair
Councillor Dickerson, Vice-Chair
Councillor Diartrond left the meeting at 11:25 a.m.
Councillor Gadsden
Councillor Harrell
Councillor Para
Regional Chair Mderson left lhe meeting al 11:26 a.m.
Also
� Present: Councillor G. 0'Connor
Abaent: Councillor Drumm •
• Staff
Present: A.L. Georgieff, Commissioner of Planning
J. Blair, Director, Current Operalions
N. Chomobay, Director, Stretepic Planning
M. Cook, Senior Planner, Research & Speclal Studies, left the meeUng at
11:20 a.m.
A. DeFarla, Planner, Plan Impiementatlon, left the meeUng at 10:30 a.m.
M. Gaskell, Aasistent Regionat Solfcftor, left lhe meeting at 10:45 a.m.
J. M(chail(dis, Planner, Poticy Planning and Speciai Stud(es, atlended lhe
meeGng al 10:55 a,m. and left at 11:31 a.m.
D. Skinner, Planner, SUalegtc P�anning Branch, left the meetfng at
11:00 a.m.
T. Sloley, Manager of Engineering, Plannfng & Studies, Works Dept,
IeR lhe meeUng at 11:00 a.m.
K. Yew, Manager, Plan imptementation '
D. Bowen, Committee Secretary
�
b) FIRST PUBLIC MEETING —AN OFFICIAL PLAN AMENDMENT
APPLICATION SUBMITTED BY ALSAR FARMS TO PERMIT THE
SEVERANCE OF FOUR SURPLUS FARM DWELLINGS AND A LOT
t IN AD �� TM NT IN TH TO�Nh OF PI K Rlh (OPA #99-J08)
The Chair called upon Ms. Anna DeFaria tn give a presentation
3. STAFF PRESENTATION
a) MS. ANNA DEFARIA, PLANNER, RE: COMMISSIONER'S REPORT
#1999•P-83fOPA #q4-008)
Ma. DeFaria outlined in detafl the contents of Commiss(oners Report
#1899•P-83. She advfsed that the amendment appl(caUon fs to pertnit the
severance of tour farm dwellinga rendered eurplus as a result ot the
consolidatton of non-abutt(ng tarms and e lot I(ne adJusUnenG She also
Z%�
' AT7ACHMENiq $ TO
. ` PLANNINO REPORT q �OS M
'' � Plenning Committee - 4- • November 9,1999
� 071
1 explained lhet lhe applfcelion Involves four of lhe eight properUes owned
� by Mr. and Mra. Christ of Aisar Fertns.
Ma. DeFa�la provided InformaGon wilh regard lo lhe location of lhe
propertiea and Ihe surrounding lend uses. She adv(sed thet the prope�tes
are all locate� within Ihe Permanent Agricuitural Reserve designaUon and
land uses within thfs designation are realrlcted to agricultural and farm-
related uses.
Wilh the aid of maps, Ms, DeFaria addressed each of the four properties
i�dfvidually, describing thefr current size, lhe exisGng buildings on each
site, and lhe severances being proposed.
Ms. DeFaria noled there are curtently five houses on the fartn proporties
owned by Alsar Fartns and four of ihese are proposed to be severed. The
remaining house fs located on Property 5 and will be relained by the
appl(canls in order to meel any unforeseeable fulure housing
requiremenls.
Ms. DeFaria also advised lhat lhe Durham Regional Ofiicial Plan permits
by amendment lhe severence of a surplus farm dwelling as a result of a
farmer acquf�ing a non-abutting fartn provided lhe surplus dweiling fs nol
needed by a tartn employee, lhe farm to be acquired is of a size which ia
_� vfable for a fartning operalion, and that no fuAher severances ahall be
pertnitted from the acqufred tarm. .
Ms. DeFaria turlher advlsed thal the Regional OFiicial Plan also slipulales
that a severance fnvolvfng lhe minor adjustment af lot Iines may be
permitted provided lhat e non-viable fartn parcel is not crealed, a,;��ullural
land fs nol (ragmented, and agricullural activiUes ere not adversely
aHected. She noled lhal an amendment Is required for the lot Iine
adJustmenl because the size of lhe expanded rural residenUal lot and the
remaining farm property do not comply wilh lhe requiremenls of lhe
Regional Official Plan.
Ms. DeFaria niso reported on the circulatfon, noting that commenls are sUll
outstanding from the Town of Plckering and Transport Canada 6ut ihat ell
other agencies have Indicaled no objeclion. Ms. DeParia added lhat lhe
Planning Departmant has nol received any written submisalons to dale,
Ms. DeFaria responded lo a quesqon from a member of the Committee.
There were no commenls from lhe publfc wilh respect to thfs application.
•�,�, •. •.-
c) APPLICATION TO FIMEPJD THE DURHAM REGIONAL OFFICIAL PLAN,
SUBMITTED BY ALSAR FARMS, TO PERMIT THE SEVERANCE OF
FOUR SURPLUS FARM DWELLINGS AND A LOT LINE ADJUSTMENT
TO CONVEY A4 HA PARCEL OF LAND SUPPORTING EXISTINO
FARM STRUCTURES TO A RURAL RESIDENTIAL LOT IN THE TOWN
OF PICKERINO, FILE OPh #99-008
i
CORRESPONDENCE N0. 99-386, DATED JUNE 21,1999, FROM
ei eeo eno��e i u��TED (��,ICATION) (#199Q-p-?;3)
Report #1999•P-83 was received from A.L. Gea�gietf, Commissioner of
� Plenning. A atatf preaentatton wes heard earl(er In the meedng, (See
Pages 3 and 4, Item 3.a)].
• MOVEu by Regionel Chair Mdereon,
(203) �a) THAT Repotl #19A9-P-83 ot the Commisaloner of
Plenning be recelved for InfortnaUon; end
b) THAT all submisalone be recelved end reterred lo the
• Plennlnp Deperlment for coneklereUon In Ihe procesaing
� oi this amendment appilcatlon'
CARRIED 1
J O/G
Durhem
J
�
ATiACHMENT tt_LTOp�� .e:
PLANfJING REPORT ill_��1
FederaUon of Agricuiture
PW H�d�n� PrrW�i Kr�n YMw�W�. iiaMrwTtiw� "
RA.M 4M1MiY�11wr.R.R.11 � ;j�
BuNrlrfd,OnlDC1H0 M�Y401rbtAtlD � .,,
7��7•?� OrbOi7 � � •��!
Fae7�967.Ztl2 fs�M600 . �.. _ .._
Novembu 9, 1999.
A.L. (iemrgie$ M.C.I.P., R.P.P.
Commitslooer ofPlanning, Plazuting Department
Re�ontl Municipaliry of Durham
P.O. Box 623,1615 Dundes Strat Esst
4` Floor, Lang Tower, Wat Building
Whitby, ON. L1N 6A3
Deu Mr. (3eorgietf'.
F•rtrk
�% . .. J
UtC i ;;,J
ruNriNO�uEVinni��r
Re: Application to Ameod the Durham Regioad Oflltial Pl�n '�+' '�"�
Re=lonai F0e No.: OPA 1999-00E - ALar Farms � t��!�
T6e Durhem Region Fedwation of Agriailture wisha ro commec�t on the abovo noted �ppUat3oa '�
Our wncems dal m�inly with the number of proposed uvu�d lots. Two of the subJect propertia
f:
havo dad uvaance� of retirement lou rtudo to them in tho pu:. From tt�e indiated propatid #3 �, i� �
and N4 thero ue proposed three morc additional lot �evaanas. Addidonal severing ofpropatia �_��
will rewit in fi�rlher fnEpnrntation of the agrialtural lande in this uet. Residential lot eevaaned ��� t• -
&om exiuir,g fums oRcn «wlt in non•4rm ownership which produce uon-Csmi/fum oot�ict � ��y
eoncertiing rocogniud agricultural prutias. This in tum prwents the abiliry of fartn operaton to
opuate e�dendy and e0'ectively. I;�
RaidrntLl lot revuances to the aubjact propertiu would leave no available hou�ing on the wmnt '"
firm propatiu �ould thc neeC arire to provide for such in the Poturc. I.,�;
Rrnaving dweUin� from the farm ua would lave the individw! firm parcels without raideaca �'�'� �
aod �hould the property be eold in the future to �n inJividual fartn owna/opaator a new �nd
additiocu! Cum rcaida�ce dwdling would be required.
7'6a subject propertia ue �l with in the "Pamtncnt Agticulture Reurve" daignation ofWe �,��L
Durhun orul Official Plm and ���� y
Regi mafciag extensive sevennces to tlkse properties dop not appar
to indicate tLU a�iculture ia damed pernwxnt or thu this lend atauld be reservod Cor �yticulture. � n��
I *1 �
We fed tlut exueme care �lwuld be uken in considaing Uti� oppGcadon and its fuduo impticatio�u. I.��•
Ifthe intent of the Durham Regional 09icial Plan u to be t�ken seriously concemiog tLe pamaoeot ���
wnl retave dmi � »..
�griwl gnuion of lald► iu ehis ua . then ia the long te7m &ture, nua�auua �. a.,
�everancee in t!u �rea will prove to be detrimatW to long term egricultural viability. I
. �.j
We approdace your considattion of t6ese comments In ddibaation of thc applicatioa.
The DRFA w�iehp to be kept informed ofury procadings with «gude to the noted ameadmrnt �,�� �
apPUcuion aod ury wrrespondence cau be diraxed to t!w Durhem Region Fadaatioa of ��., .
Agriailture. 4441 Malcolm Road, NaUetoq Ontuio LOB 1L0. I y,,,
Yaun Tnily.
DURHAM R6(iION PEDERATION OF AGRICULTURE
�
Paul Haddw, Prn�tdent �
PH:ky.
Co: AlHr Futcu
. .��
ATTACHMENT ML_TO
PLANtJING REPORT Hp�=�
073
_.__ . _ P.02
�g_gg-y�00 12=19 TOWJ � LiN001�J
� • AMENDMENT 111 70 l'HE
• OPFlCIAL PLAN FOR THE
� • ; ` ' � NIA(iARA PLANNING AFt�A ,
� The Officlai Plan for the Niapara Planning Area ia amendad aa follaws:
Aart 1 . ,
� 'The foliuwinp policles are deleeed from Section Six: Agricultural and Rurel
Areas as set out in the Merch 1986 Consolid�tlon of the Reytanal Nlepare
� Pollcy Plan: Pol(cy d.A.e Ibl, (d) and (s) and Palicy 8.A.9.1 (bl.
� The invoductory paragraphs to Policy 8.A.9 and 6.A.9.1. era del�ted. •
Th� p�mctuetion at tha end qf Policy 6.A.9.1 (a) t� changad tram a semi-
� � colon to a p�rbd. : • � .
and, the iollowing new text is added: � •
� 'Policy 8.A.9 In the Uniqu� Agricultural Area+, outsida tho '•
' Facupment Protsction Area qa de�ignated on •
�, , , Ni�pua Eacupmeqt Plan Area Map 1, eo��.nte ta
corrvey m�y ba permfttad only tn aeeordance with
� ' eh� tollowlnp provlsiona. •
� Within the area of the Nlapera Facarpment Pl�n,
� �' the policfea ot the NiaAara Eaearpmont Plan, as
amended irom tim� to timo, ahail prevatl, unlees
• • the following policiea are morn restriot(vs, then the ,
� , mare nauictive poficles ah�ll pravall." .
, , �Poticy 9.A.8 (b) Surplus fam dweA7ngs msy be revered provided '
� - . • that:
(i) The remnant parcel of • tarmland is larpa
�
� • ,
1 •
I� .
lii)
enouQh to funGtion ee a significant patt ot
the ovorali farm unSt, and
�No reaidenttal development la pertnittad on
any vacant remnent parcel of fartnland
cneted by tha s�veranca. As a condition of
any sevarencs involving a vecam remnant
parcel, the �pplicant must have the parcel
rezoned co preclude ite uae �for residential
purpoaes. Ahor a minimum of 10 years
follawing the creatlon of the lot, ths owner
mey apptV to r�zone the lands to pormit the
cenacn,ction of a dwelll�g."
� ,., �:. : � .
0