3.                   ZONING - 3131 RIVER ROAD

 

ZONAGE - 3131, CHEMIN RIVER

 

 

COMMITTEE RECOMMENDATIONS

 

(This application is subject to the provisions of Bill 51.)

 

That Council approve an amendment to the Zoning By-law 2008-250 to:

 

1.                  Change the zoning for part of 3131 River Road from Agricultural Subzone 2 (AG2) to Agricultural Subzone 6 (AG6) as shown on Document 1; and

 

2.                  Amend the AG2 [Agricultural Subzone 2] Zone for part of 3131 River Road, as shown on Document 1 and detailed in Document 2.

 

 

RECOMMANDATIONS DU COMITÉ

 

(Cette application est assujettie aux dispositions du Règlement 51.)

 

Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de:

 

1.                  faire passer le zonage d’une partie du 3131, chemin River d’AG2 (Sous-zone agricole 2) à AG6 (Sous-zone agricole 6); et

 

2.                  modifier le zonage AG2 (Sous-zone agricole 2) d’une partie du 3131, chemin River, comme le montre le document 1 et l’explique en détail le document 2.

 

 

 

Documentation

 

1.                  Deputy City Manager’s Report, Infrastructure Services and Community Sustainability, dated 8 April 2011 (ACS2011-ICS-PGM-0098).

 

Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité d'agriculture et des affaires rurales

 

and Council / et au Conseil

 

08 April 2011 / le 08 avril 2011

 

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 Services/Examen des projets d'aménagement-Services ruraux, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 15134  Derrick.Moodie@ottawa.ca

 

Osgoode (20)

Ref N°: ACS2011-ICS-PGM-0098

 

 

SUBJECT:

ZONING - 3131 RIVER ROAD (FILE NO. d02-02-11-00015)

 

 

OBJET :

ZONAGE - 3131, CHEMIN RIVER

 

 

REPORT RECOMMENDATIONS

 

That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to:

 

1.                  Change the zoning for part of 3131 River Road from Agricultural Subzone 2 (AG2) to Agricultural Subzone 6 (AG6) as shown on Document 1; and

 

2.                  Amend the AG2 [Agricultural Subzone 2] Zone for part of 3131 River Road, as shown on Document 1 and detailed in Document 2.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de :

 

1.                  faire passer le zonage d’une partie du 3131, chemin River d’AG2 (Sous-zone agricole 2) à AG6 (Sous-zone agricole 6); et

 

2.                  modifier le zonage AG2 (Sous-zone agricole 2) d’une partie du 3131, chemin River, comme le montre le document 1 et l’explique en détail le document 2.

 

 

BACKGROUND

 

The subject land, 3131 River Road, is bounded by River Road on the west and Nixon Road on the east, and is north of the intersection of River Road and Osgoode Main Street.  This is an agricultural parcel surrounded by agricultural uses to the north, south, east and west.  Located further to the east of the property is the Village of Osgoode.  The subject land has a frontage of 225.2 metres along River Road, a frontage of 91.4 metres on Nixon Drive, and an area of approximately 26.7 hectares.

 

The affected lands were the subject of a recent consent application.  The existing house and four barns/sheds were severed as a surplus farm dwelling.  The retained lands consist of the vacant farmland and will be known as 3115 River Road.

 

Purpose of Zoning Amendment

 

The proposal is to rezone two distinct parts of the subject land to meet two conditions of a consent application to sever a surplus farm dwelling imposed by the Committee of Adjustment (Application No. D08-01-10/B-00374).

 

The severed land will have a frontage of 39 metres on River Road and contain a lot area of 1.714 hectares.  It will be comprised of a single-family dwelling and four shed/barn outbuildings.

 

The land to be retained will have frontages of 186.2 metres on River Road and 91.4 metres on Nixon Road, an irregular depth of 1263 metres, and contain a lot area of approximately 25 hectares.  It will contain vacant farmland.

 

Existing Zoning

 

The subject land is currently zoned Agricultural Subzone 2 (AG2).  This zoning recognizes and permits agricultural uses on a minimum lot area of 18 hectares in areas designated “Agricultural Resource Area” in the Official Plan and restricts the range of permitted uses to agricultural, forestry and related uses in order to preserve prime agricultural lands from loss to other uses.

 

Section 55, Table 55 - Provisions for Accessory Uses, Buildings or Structures - restricts the maximum cumulative total gross floor area of accessory buildings in any Agricultural subzone to either five per cent of the total lot area or 150 square metres, whichever is the greater.

 

Portions of the subject site are subject to the Flood Plain Hazard Overlay (Section 58).  Provisions within this section state that development is prohibited within any area subject to a floodplain overlay.

 

Proposed Zoning

 

The requested zoning amendment consists of two parts.  The first amendment proposes to rezone the retained parcel (vacant farmland) from AG2 to Agricultural Subzone 6 (AG6).  This zoning permits agricultural uses, but prohibits residential uses.  This particular subzone represents agricultural lands with a minimum area of 18 hectares and a minimum frontage of 60 metres.

 

Part 2 of the zoning application proposes to rezone the severed lands to add an exception that permits an aggregate gross floor area of all accessory buildings that is equal to 9.6 per cent of the total area of the severed parcel.  This will accommodate the existing buildings.

 

 

DISCUSSION

 

Official Plan 

 

According to the Official Plan, the subject land is designated “Agricultural Resource Area”.  This designation protects prime agricultural areas from loss of lands to other uses.  The policies ensure that a severance for the creation of a new lot on which is located a dwelling made surplus through farm consolidation does not permit the construction of a new dwelling on the lot rendered vacant through the severance.  The policies require the vacant agricultural parcel so created be rezoned to prohibit any residential use.  The housing restriction is intended to limit a pattern of lot creation in Agricultural Resource Areas that would see a new residence being constructed on the vacant farm property, the house being declared surplus and severed for a new lot, and the pattern so continued.

 

Zoning By-law

 

The site is zoned Agricultural Subzone 2 (AG2).  The AG2 zone permits a detached dwelling, agricultural use and several other uses.  In order to ensure that the intent of the Official Plan policies is implemented in the Zoning By-law, it is recommended that the zoning of part of the subject land (retained vacant farmland) be changed from Agriculture Subzone 2 (AG2) to Agricultural Subzone 6 (AG6), as shown on Document 2.  The AG6 zone will prohibit residential uses on a lot having a minimum area of 18 hectares and a minimum lot width of 60 metres.  This rezoning is considered appropriate since it will protect agricultural land from loss to other uses and the retained parcel will continue to respect the minimum lot area and width requirements.

 

Official Plan policies regarding severances of a surplus dwelling due to farm consolidation seek to create a severed parcel that is minimized in size to ensure there is minimal loss of prime agricultural land.  As a result of minimizing the size of the severed lot, it often causes the accessory farm buildings located on the severed parcel to no longer comply with the requirement of Section 55 of the Zoning By-law.  The proposed exception will recognize the cumulative gross floor area of all accessory buildings on the severed lot.  By preserving the existing farm-related accessory buildings, the rural/agricultural character of the area is maintained.

 

Although floodplain hazard overlay is identified on the subject property, the severed portion of the subject lands is currently developed with an existing residence and the retained portion on the site will be rezoned to prohibit future residential use.  In terms of existing development, the residence and all outlying buildings are located entirely outside the 1:100 year floodplain.  During the consent process, it was determined that safe access to the severed and retained lands is available in the event of a 1:100 year flood.

 

 

RURAL IMPLICATIONS

 

Part of the subject land will be limited to agricultural uses.  By restricting residential uses, major agricultural areas will be protected from fragmentation and competing uses.  The residential part of the subject lands will be rezoned to recognize the existing accessory buildings.  The combined effect of this rezoning will be to enhance the rural heritage and strengthen the rural landscape.

 

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.  The City did not receive any negative comments or opposition to this application.

 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

The Ward Councillor is aware of this application and the staff recommendation.

 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

There are no legal/risk management implications associated with this report.

 

 

CITY STRATEGIC PLAN

 

N/A

 

 

TECHNICAL IMPLICATIONS

 

N/A

 

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

 

APPLICATION PROCESS TIMELINE STATUS

 

This application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.

 

 

SUPPORTING DOCUMENTATION

 

Document 1    Location Map

Document 2    Details of Recommended Zoning

 

 

DISPOSITION

 

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, 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.

 

LOCATION MAP                                                                                                DOCUMENT 1

 

DETAILS OF RECOMMENDED ZONING                                                    DOCUMENT 2

 

Proposed Changes to the Comprehensive Zoning By-law

 

  1. The Zoning Map of By-law No. 2008-250 is amended by rezoning the lands shown on Document 1 as follows:

 

(a)    Part of 3131 River Road, shown as Area B on Document 1, is rezoned from AG2 to AG6

(b)   Part of 3131 River Road, shown as Area A on Document 1, is rezoned from AG2 to AG2[xxxr] - Rural Exception

 

  1. Section 240 of By-law No. 2008-250 is amended by adding a new exception including the following:

 

(a)    Add the following provision to Column V

- aggregate of all accessory buildings not to exceed 9.6% of total lot area

(b)   Add the zone code AG2[xxxr] to Column II