Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des affaires rurales

and Council / et au Conseil

23 February 2012 / le 23 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-0065

SUBJECT:	ZONING – 9065 and 9245 marvelville road

OBJET :	ZONAGE – 9065 et 9245, chemin marvelville

REPORT RECOMMENDATION

That the recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 9065 and 9245 Marvelville Road from Agricultural (AG1) to Agricultural, subzone 8 (AG8) and Agricultural, subzone 5 (AG5) as shown in Document 1.

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 des 9065 et 9245, chemin Marvelville de Zone agricole (AG1) à Zone agricole, sous-zone 8 (AG8) et à Zone agricole, sous-zone 5 (AG5), tel qu’illustré dans le document 1.

BACKGROUND

The subject land is located on the north side of Marvelville Road east of Yorks Corners Road. The severed parcel is known as 9113 Marvelville Road and the retained parcels will be known as 9065 and 9245 Marvelville Road. The site is an agricultural parcel, surrounded by agricultural uses to the north, south, east and west.

These parcels were the subject of a recent consent application. The exisitng dwelling is being severed as a surplus farm dwelling. The retained land will remain vacant and will contine to be used for agricultural purposes.

The Committee of Adjustment approved the consent application; however, the City appealed the decision to the Ontario Municipal Board. The City and the Purchaser reached a settlement proposing altered lot lines. The Minutes of Settlement include a condition to rezone the retained lands to prohibit future residential uses.

Purpose of Zoning Amendment

The land to be severed is known as 9113 Marvelville Road and will have a frontage of 131.8 metres and contain a lot area of 2.43 hectares and will contain a detached dwelling and several outbuildings.

The first portion of land to be retained will be known as 9065 Marvelville Road and will have frontage of 200 metres and contain a lot area of 5.53 hectares. The second portion to be retained will be known as 9245 Marvelville Road and will have broken frontage of 1,515 metres and contain a lot area of approximately 31.1 hectares.

Existing Zoning

The subject land is currently zoned Agricultural (AG). This zoning recognizes and permits agricultural uses on a minimum lot area of 30 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.

Proposed Zoning

The requested zoning amendment proposes to rezone the retained parcel at 9065 Marvelville Road (farmland) from Agriculture (AG) to Agricultural, Subzone 8 (AG8). This zoning permits agricultural uses, but prohibits residential uses. This particular subzone represents agricultural lands with a minimum area of 10 hectares and a minimum frontage of 60 metres. The proposed zoning for the retained parcel at 9245 Marvelville Road is from AG to AG5. This particular subzone represents agricultural lands with a minimum area of 30 hectares and a minimum frontage of 60 metres.

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 that the vacant agricultural parcel so created be rezoned to prohibit any residential uses. 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 lot, and the pattern so continued.

Zoning By-law

The site is zoned Agricultural (AG). The AG 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 retained land (9065 Marvelville Road) be changed from AG to Agricultural Subzone 8 (AG8), and from AG to AG5 (9245 Marvelville Road) as shown on Document 1. The AG8 zone will prohibit residential uses on a lot having a minimum area of 5 hectares and a minimum lot width of 60 metres. The AG5 zone will prohibit residential uses on a lot having a minimum area of 30 hectares and a minimum lot width of 60 metres. This rezoning for the retained land is considered appropriate since it will protect agricultural land from loss to other uses and the lot will continue to respect the minimum lot area and width requirements.

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

Approving the rezoning will support Minutes of Settlement that will assist in concluding an outstanding appeal before the Ontario Municipal Board.

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

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.