Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des affaires rurales

 

and Council / et au Conseil

 

15 February 2012 / le 15 février 2012

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Planning and Infrastructure/Urbanisme et Infrastructure

 

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°: ACS2012-PAI-PGM-0039

 

 

SUBJECT:

ZONING –5215 downey road

 

 

OBJET :

ZONAGE – 5215, chemin downey

 

 

REPORT RECOMMENDATION

 

That the  recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 5215 Downey Road from Agricultural, subzone 2 (AG2) to Agricultural, subzone 2 with an Exception (AG2[XXXr]) as shown in Document 1 and as detailed in Document 2.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de  recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 en vue de faire passer le zonage du 5215, chemin Downey de Zone agricole, sous-zone 2 (AG2) à Zone agricole, sous-zone 2, assortie d’une exception (AG2[XXXr]), tel qu’illustré dans le document 1 et exposé en détail dans le document 2.

 

 

BACKGROUND

 

The subject land is located south of Rideau Road and east of Downey Road.  The site is currently being used as a tree farm where Red Oak trees are grown and is surrounded by agricultural and residential uses.

 

Purpose of Zoning Amendment

 

The proposal is to rezone part of the subject land to meet a condition of consent to sever imposed by the Committee of Adjustment (Application No. D08-01-11/B-00336).  The intent of the severance application was to sever the 16.2 hectare parcel of land, which is being used as a tree farm, from the remainder of the property and maintain the tree farm as a separate agricultural operation from the balance of the subject property.

 

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.

 

Based on the lot size of 16.2 hectares, a Minor Variance application was applied for and granted (D08-02-1/A-00276) by the Committee of Adjustment to permit a reduced lot area as the AG2 zone requires a minimum of 18 hectares.

 

Proposed Zoning

 

The requested zoning amendment proposes to rezone the subject parcel (tree farm) from Agricultural Subzone 2 (AG2) to AG2[XXXr] (Agricultural, subzone 2 with an Exception).  The exception will prohibit future residential uses on the subject land.

 

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.  Section 3.7.3.14 states that new farm holdings will be permitted provided that they will be exclusively used as an agricultural operation.  The intent of this policy is to ensure that the new farm holding remains an agricultural use.  The subject property will continue to be used entirely for agricultural uses, such as a tree farm.

 

Zoning By-law

 

The site is zoned Agricultural, Subzone 2 (AG2).  The AG1 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 the subject land (tree farm) be changed from AG2 to AG2[XXXr] (Agricultural, subzone 2 with an Exception), as shown on Document 1 and described in Document 2.  The exception will prohibit future residential uses on the subject lands.  This rezoning for the subject land is considered appropriate since it will protect agricultural land from loss to other uses.

 

RURAL IMPLICATIONS

 

The retained land will be limited to agricultural uses.  By restricting residential uses, major agricultural areas will be protected from fragmentation and competing uses.  The effect of this rezoning will be to enhance the rural heritage and fortify 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

 

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

 

LEGAL IMPLICATIONS

 

There are no legal implications associated with this report.

 

RISK MANAGEMENT IMPLICATIONS

 

There are no risk management implications associated with this report.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with this report.

 

ACCESSIBILITY IMPACT

 

There are no accessibility impact implications associated with this report.

 

TECHNOLOGY IMPLICATIONS

 

There are no direct technical implications associated with this report.

 

CITY STRATEGIC PLAN

 

There are no City strategic plan implications associated with this report.

 

APPLICATION PROCESS TIMELINE STATUS

 

The application was not 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 Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON  K1Z 8B5, 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

 

 

 

DOCUMENT 2

 

DETAILS OF RECOMMENDED ZONING                                                                                   

 

Proposed changes to Zoning By-law No. 2008-250:

 

  1. Rezone the lands shown in Document 1 from AG2 to AG2[XXXr].
  2. Add to Section 240 a new exception, AG2[XXXr], which contains provisions similar in effect to the following:
    1. In Column II the text “AG2[XXXr]”; and
    2. In Column IV the text:

“-bed and breakfast
- detached dwelling
- group home”