Report
to/Rapport au :
Agricultural
and Rural Affairs Committee
and Council / et au Conseil
22 January 2009 / le 22
janvier 2008
Submitted
by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipal adjointe
Infrastructure
Services and Community Sustainability
Services d’infrastructure et Viabilité des
collectivités
Contact
Person/Personne Ressource : Grant Lindsay, Manager/Gestionnaire,
Development Approvals/Approbation des demandes d'aménagement, Planning and
Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
1.
That the Agriculture and Rural Affairs Committee
recommend Council approve an amendment to Zoning By-law 2008-250 to amend the
existing exception for 913 Howie Road, zoned Rural Residential Subzone 3,
Exception 489r (RR3 [489r], to permit a second detached dwelling on the site
for a further period from April 13, 2009 to April 12, 2012, as shown in
Document 1 and as detailed in Document 2.
2.
That
the implementing Zoning By-law amendment not proceed to City Council until its
meeting of April 22, 2009.
RECOMMANDATIONS DU
RAPPORT
1.
Que
le Comité de l’agriculture et des questions rurales recommande au Conseil
d’approuver une modification au Règlement de zonage 2008-250 visant à changer
l’exception relative à la propriété située au 913, chemin Howie, qui porte la
désignation « zone résidentielle rurale, sous-zone 3, exception 489r
(RR3 [489r] », de façon à permettre la présence d’une deuxième maison
unifamiliale sur la propriété pour une nouvelle période de trois ans, soit du
13 avril 2009 au 12 avril 2012, comme l’illustre le document 1 et le précise le
document 2.
2.
Que
la modification au Règlement de zonage ne soit pas soumise au Conseil municipal
avant sa réunion du 22 avril 2009.
BACKGROUND
The subject property, located on
the west side of Howie Road, between Old Almonte Road and Manion Road has a frontage
of 61 metres and an area of four hectares. Two dwellings are located on the site: the original bungalow and a larger
house constructed in 2006. The surrounding uses are largely rural residential
dwellings.
In 2006, the co-owners of the property, a mother and daughter, applied
for a site-specific zoning amendment to
permit a second dwelling on the property for a temporary three-year period, in
order that the daughter could construct a new permanent residence on the
property and provide care for her mother residing in the older house. The rezoning
was approved, and the owner entered into an agreement with the City, specifying
that the original residential dwelling be subject to the conditions usually
imposed for garden suites. The second dwelling for the daughter's family has
been constructed on-site, and the mother wishes to occupy the original dwelling
for a further three years. The requested Zoning By-law amendment would extend the
temporary site-specific exception permitting a second detached dwelling on the
property for a further three-year period, from April 13, 2009 to April 12,
2012.
The Planning
Act permits a garden suite (granny flat) for a temporary 10-year period,
subject to a by-law amendment. A garden suite is a detached residential
structure that is ancillary to a residential structure, designed to be
portable, and occupied by family members of the residents in the primary
dwelling. Approval of a garden suite is subject to an agreement setting out the
terms of occupancy, and is to be removed when no longer required. A further
three-year extension may be requested if required at the end of the initial
10-year term.
The original rezoning of the subject property
allowed the second dwelling for three years, rather than the 10-year period
permitted for a garden suite because the dwelling was not a garden suite,
although it serves the same function.
Existing Zoning
Under the Zoning By-law, the property
is zoned Rural Residential Subzone 3, Exception (489r) which permits dwellings and rural uses. The exception denotes that a second dwelling
is permitted on the property for a temporary three-year period ending April 12,
2009.
DISCUSSION
Official Plan
The subject site is designated as "General Rural Area" in the Official Plan. This designation permits a variety of land uses that are appropriate for the rural area, including rural housing, commercial development, small industries and farms.
The intent of the designation is
to accommodate land uses that are appropriate for a rural location. Policies in the Official Plan ensure
that various forms of housing are permitted wherever residential uses are
generally permitted, including secondary dwelling units and garden suites.
Due to its temporary nature, the existence of a
second dwelling unit on the property does not have any negative impact on the
subject site or the surrounding properties. The subject site is an appropriate
location for a temporary second dwelling because, due to the rural nature of
the area, the lot is large and there is adequate separation with nearby
houses. The dwelling serves the same
function as a garden suite by providing accommodation for a parent of the
resident in the main dwelling. The second dwelling will be removed from the
property at the end of the three-year period unless a further extension to the
temporary use by-law is obtained.
The proposed development complies with all Official Plan policies, including those that ensure compatible uses in the rural area and those that encourage a range of housing choices. Staff supports this Zoning By-law amendment because the proposed use is compatible with the surrounding area and conforms to the applicable policies outlined within the Official Plan.
Details of Changes to By-law 2008-250
To amend the existing exception affecting the property zoned Rural Residential Subzone 3, Exception 489r (RR3 [489r]]) to permit a second detached dwelling on the site for a further three-year period, as shown in Document 1 and as detailed in Document 2. The current exception would remain in effect, with only the ending date of the temporary use amended.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. One resident expressed support for the application, and another requested notification of the public meeting, but did not provide comments. The Ward Councillor is aware of this application and the staff recommendation.
LEGAL/RISK MANAGEMENT IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
APPLICATION PROCESS TIMELINE STATUS
The application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details of Recommended zoning
DISPOSITION
City Clerk and Legal Services Branch, Legislative Services to notify the owner (Pamela Darlington, 913 Howie Road, Carp, Ontario K0A 1L0), OttawaScene.com, 174 Colonnade Road, Ottawa, ON, K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Infrastructure Services and Community Sustainability Department 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 By-law 2008-250
- Column V of Exception 489r in Section 240 of By-law 2008-250 is amended by deleting the existing provision and replacing it with the following:
·
The additional permitted use is a temporary permitted
use for a period of time between April 13, 2009 and April 12, 2012.