6. ZONING - 2389
CARSONBY ROAD ZONAGE - 2389,
CHEMIN CARSONBY |
Committee
Recommendation
(This application is subject to
Bill 51)
That
Council approve an amendment to the Zoning By-law 2008-250 to change the zoning
of 2389 Carsonby Road from Agricultural Subzone 1 (AG1) to Agricultural Subzone
6 (AG6), as shown in Document 1.
Recommandation du Comité
(Cette
demande est assujettie au Reglement 51)
Que le Conseil approuve une
modification au Règlement de zonage 2008-250 en vue de faire passer la désignation
de zonage de la propriété située au 2389, chemin Carsonby de zone
agricole - sous-zone 1 (AG1) à zone agricole - sous-zone 6 (AG6) tel qu’il est indiqué dans le document 1.
Documentation
1.
Deputy
City Manager's report Infrastructure Services and Community Sustainability
dated 19 June 2009 (ACS2009-ICS-PGM-0096).
Report to/Rapport au:
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
19 June 2009 / le 19 juin 2009
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager /
Directrice municipale adjointe,
Infrastructure Services and Community
Sustainability/Services d’infrastructure et Viabilité des collectivités
Contact
Person/Personne-ressource : Derrick Moodie, Manager/Gestionnaire,
Development Review, Rural/Approbation des demandes d'aménagement, Planning
and Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 15134,
Derrick.moodie@ottawa.ca
SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an amendment to the
Zoning By-law 2008-250 to change the zoning of 2389 Carsonby Road from
Agricultural Subzone 1 (AG1) to Agricultural Subzone 6 (AG6), as shown in
Document 1.
RECOMMANDATION DU
RAPPORT
Que le Comité de Comité de l'agriculture et des
questions rurales recommande au Conseil d’approuver une modification au
Règlement de zonage 2008-250 en vue de faire passer la désignation de zonage de
la propriété située au 2389, chemin Carsonby de zone agricole - sous-zone
1 (AG1) à zone agricole - sous-zone 6 (AG6) tel qu’il est indiqué dans le document 1.
The subject parcel, 2389 Carsonby Road, is located in
an agricultural area, west of Fourth Line Road on the north side of Carsonby
Road.
The existing zoning of the severed and retained
properties is AG1 (Agricultural Subzone One). The existing zone contemplates
agricultural uses and sets minimum zone provisions related to them. The minimum
lot size to permit agricultural use of a property in the AG1 Zone is
30 hectares. Agricultural uses are not permitted on new lots less than 30
hectares in size. For uses other than
Agriculture, Forestry, Equestrian Establishment and Kennel the minimum lot area
is 0.4 hectares.
The rezoning
is required to fulfill a condition of the Committee of Adjustment decision to
sever a dwelling and immediately abutting outbuildings, made surplus through
farm consolidation on a parcel known as 6030 Fourth Line Road.
The Committee of Adjustment, in granting the severance of the dwelling and associated outbuildings has required, in accordance with the Official Plan, the severed and retained lands be rezoned prior to finalization of the consent.
DISCUSSION
The parcel is designated Agricultural Resource in the Official Plan. The policies permit severance of a dwelling and immediately adjacent outbuildings made surplus through farm consolidation, provided the vacant agricultural parcel is rezoned to prohibit any residential use. The proposed zoning therefore implements the intent of the Official Plan.
Severed Parcel – 6030 Fourth Line Road
One of the conditions of the Committee of Adjustment decision requires that the Owner file confirmation from the City that the severed parcel has been rezoned to permit the existing outbuildings on the property to be used for uses accessory to residential use (including an equestrian establishment) in excess of the maximum size permitted by the Zoning By-law.
It is proposed to leave the severed parcel in Agricultural Subzone One (AG1).
At four hectares in lot area, agricultural and forestry uses are not permitted on the severed lot, however, Section 211 (5) of the Zoning By-law permits an "equestrian establishment comprised of a stable as an accessory use to a detached dwelling on a lot of 0.8 hectares or larger in area."
In
the review of the severance application it was noted that the adjacent
outbuildings being severed with the dwelling exceed the maximum size permitted
to be used for uses accessory to a residential use under Section 55 of By-law
2008-250. At the time of the review of
the Consent application this Section limited the aggregate of all accessory
buildings to 150 square metres in the AG zone.
On April 23, 2009 Agriculture and Rural Affairs Committee carried a
report recommending that this zone provision be altered to permit a maximum of
five per cent of the lot area or 150 square metres whichever is the greater,
for accessory buildings in the AG zone. A by-law to effect this recommendation
was adopted by Council on May 13, 2009 and is now in full force and effect. The area of the existing accessory
structures is approximately 1,232 square metres which represents less than five
per cent of the lot area. Accordingly, there is no longer an issue with the
size of the outbuildings. It is noted
that the size of the parcel at four hectares will limit the uses permitted
within the outbuildings.
Retained Parcel – 2389 Carsonby Road
In
accordance with the Provincial Policy Statement and the Official Plan, the
Committee of Adjustment required that the retained vacant farmland be rezoned
to prohibit future residential dwellings and reflect the final lot area. The
rezoning will recognize the final lot area of the retained parcel.
The
Zoning By-law sets up specific zones that prohibit residential uses for these
circumstances, depending on the area associated with the final parcel
configuration. In this case the
retained parcel is approximately 23 hectares in area.
The Agricultural Subzone 6 (AG6) zone prohibits residential uses and sets a minimum lot area of 18 hectares.
The rezoning supports the agricultural community,
permitting the farmer to dispose of a dwelling surplus to his operation, while
protecting and preserving the agricultural use of the retained lands, by
prohibiting future dwellings to be constructed thereon.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation. The City did not receive any negative comments or opposition to this application.
There are no legal/risk management implications associated with this report.
FINANCIAL IMPLICATIONS
This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
City Clerk and Legal Services Branch, Legislative Services to notify the owner, Chris Schouten, 6102 Malakoff Road, Richmond, Ontario K0A 2Z0, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.
Legal Services to forward the implementing by-law to City Council.