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HomeMy WebLinkAboutPD 05/00•� ..046' �.�ofP,� � 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��/� ,; � 20l.7m (1131') ' �,' � � '�'� � :�.:.r_ •a =_ ' ''��"_`__.����� _� ____� II � b ��/ I I ; I � �� �� � � � Porcel toii ;be reloined ; � .i4.5ho ii � (B5.2ocJ � � � �:'. j� ; i � E� IIt.Ln 17�6') 1�. ' _S o? R.�� �y�, �� 1\C I " �;°�1�;��s»l'� \��\n.�w��` ' F�, • \Porcel fo be��\ ; j R\ conveyed to \ ��� I °i �\Chn'sl propei�y 1�tt,,r i b� � y Chris� Prope�fy i\l\ w000�oi \4.Oho (9.9oc) x '. e co 1.%h0 �Q.20C� �\\ � \ \,\}L\� . (mopl�h rl O \ �} bYCA) ,� Y„ � `���r �'••, a - ..,.. , � \ +1\�� '; � i � v F $�DIK \ \ \ � a �' 1 x N iw�+� ,� ^�� � � F R , \ Cw+h . \��r� i � � ` � MIY� t`\ { � % J ( 8 � , Qi � S� , y"��� Y.,�.,<�� ��� ! � �/� `� (660') ' l�q, � O i / � f • � �_�� ; � ;O � ��, ^o � � � � V �.—Pro0ei�0 � � � (ol [wM � � � er�m u�oe• 1 1 0 r/llll�ll,j�i � �. �„ � e� � � , : o� � � 76.Nn (337.0') � Ra..n�o � L7 �.�.�.�.�.�. \\ � WOOO/of ' i (moPle d� � j K e,Kn) v�e { 1 \ t � � � ; �m t�een� �u.em �use.�•t �� ��.r•ar�s?� � .�'�'�'� �. .�.�.�. � �.�.� ..i i� i wcoero� � (mople Q d'rcnJ � ' • / �Parcel to be severed 0.5ha (1.3oc) 0 5o t00m � i i i i� i ATTACHMENiM '�TO • PLANNINO HEPp�i/` 1„��Qe � <. ? . �, ,k, ,„ -, ,,.. ,. s«� 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 � � � 0� 10 20 30 10 SOm ' ATTACHMENTN � 7Q1 ' � PLANNINO. REPORT p,_.l ��o �bs0 " I I �I ' 'O � �� �I �' I o• J� c� �� �� ml �I 31 �� �p I ol �i i i i Figure 4 � Proposed Severance 7T�-� CONCESSION ROAD „o ,T „910•, Parcel to be retoined 85.5ho (211.2oc) � 0 SOm i ��'�' ;: �r � r' r � '�: ] Q r � 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