6. ZONING - PART OF 7069 FOURTH LINE ROAD AND 2165 CALLENDOR ROAD
ZONAGE - PARTIE DU 7069, CHEMIN FOURTH LINE ET 2165, cHEMIN CALLENDOR
That Council approve an amendment to the former Township of Rideau Zoning By-Law to change the zoning of part of 7069 Fourth Line Road and 2165 Callendor Road from General Rural (A2) to a Special A2 Zone (A2-xx) and from Environmental Protection (EP) to a Special EP Zone (EP-xy) as shown on Document 1 and as detailed in Document 2.
Recommandation du comitÉ
1. Deputy City Manager, Planning and Growth Management report dated 1 May 2006 (ACS2006-PGM-APR-0103).
That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the former Township of Rideau Zoning By-Law to change the zoning of part of 7069 Fourth Line Road and 2165 Callendor Road from General Rural (A2) to a Special A2 Zone (A2-xx) and from Environmental Protection (EP) to a Special EP Zone (EP-xy) as shown on Document 1 and as detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l’agriculture et des questions rurales recommande au Conseil d’approuver une modification au Règlement de zonage de l’ancien Canton de Rideau afin de changer la désignation de zonage d’une partie du 7069, chemin Fourth Line et du 2165, chemin Callendor de Zone rurale générale (A2) à Zone A2 spéciale (A2-xx) et de Zone de protection de l’environnement (EP) à Zone EP spéciale (EP-xy), tel qu’il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
The site is located at 7069 Fourth Line Road and 2165 Callendor Road, which is located south of the Village of North Gower and abuts Highway 416. The southeastern portion of the site abuts an unopened road allowance.
The subject lands are currently one parcel. The Committee of Adjustment approved the site for a severance on January 19, 2006 to create a lot for a surplus farm dwelling. The assigned municipal address of the retained parcel will be known as 7069 Fourth Line Road and 2165 Callendor Road. The assigned municipal address of the proposed severed parcel to be created is 7057 Fourth Line Road.
The subject area is approximately 32 hectares in area. The lands are vacant and agricultural. The parcel is L-shaped with 135 metres of frontage along Fourth Line Road, 833 metres abutting Highway 416, and 242 metres along Callendor Road (see Document 1). The surrounding area is agricultural and rural in nature. The Cranberry Creek Municipal Drain is located to the rear of the property and the Trans Canada Pipeline runs through the property in an east-west direction.
City Council Approved Official Plan
The City Council Approved Official Plan, designates the predominate portion of the site as Agricultural Resource and the remaining portion is designated as Significant Wetland. The Agricultural Resource designation ensures agricultural land is protected from loss to other uses and ensures uses, which would conflict with agricultural operations are not established in productive farming areas. No development is permitted within Significant Wetlands. The Farm Consolidation - Surplus Dwelling policy states that the vacant agricultural parcel which is created be rezoned to prohibit residential use.
Former Regional Official Plan
In the former Regional Official Plan, most of the site is designated as Agricultural Resource with a small portion designated as Significant Wetland. The intent of the Agricultural Resource designation is to protect major areas of agricultural production and other lands suitable for agriculture from loss to other uses and ensure uses that would result in conflicts with agricultural operations are not established in productive farming areas. Development and site alteration is not permitted within Significant Wetlands. Farm severances are permitted in cases such as dwelling made surplus through farm consolidation, creating one lot for a farmer's retirement, and to create a new holding.
Former Township of Rideau Official Plan
In the former Township of Rideau Official Plan, the site is predominately designated as Agricultural Resource and a small portion near Cranberry Creek as Hazard Land. The predominant use of land within the Agricultural Resource designation is agriculture and farm related uses. A farmhouse made surplus through farm consolidation is permitted. If the farm consolidation is not contiguous, the residual of the new farm holding must be rezoned to prohibit the construction of a new residence.
Proposed Zoning By-law Amendment
The site is zoned as A2 (General Rural) and EP (Environmental Protection). The application is to rezone the subject area to prohibit construction of a residential dwelling as a condition imposed by the Committee of Adjustment.
The lands will be rezoned from A2 to a Special A2 Zone (A2-xx) prohibiting residential uses and setting the lot frontage minimum to 135 metres, as the site does not meet the 150 metres lot frontage requirement of the General Rural Zone, and from EP to a Special EP Zone (EP-xy) to recognize that 7069 Fourth Line Road and 2165 Callendor Road are under the same ownership and should be considered one lot for the purposes of determining lot frontage and lot area for the A2-xx zoned lands.
The Zoning By-law amendment is appropriate because it will protect agricultural land from residential development. The City Council Approved Official Plan, former Regional Official Plan, and the former Township of Rideau Official Plan allow for farm related severances as along as the remnant agricultural parcel is rezoned to prohibit residential use.
Unstable slopes and organic soils were identified on Schedule K, Environmental Constraints, on a small portion of the site to the northeast and the Cranberry Creek Municipal Drain is located to the rear of the property. The Zoning By-law amendment would prohibit future residential development and continue the agricultural operations on-site. No concerns were raised by staff or the Rideau Valley Conservation Authority.
The rezoning to a Special A2 Zone and a Special EP Zone designation conforms to surrounding land uses and Official Plan policies.
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.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Corporate Services Department, City Clerk's Branch to notify the owners (Tim and Marc Woerlen, 2352 Dilworth Road, Kemptville, ON K0G 1J0), the applicant (Tim Woerlen, 2153 Lockhead Road, RR#2, North Gower, ON K0A 2T0), Signs.ca, 866 Campbell Avenue, Ottawa, ON K2A 2C5, and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council's decision.
Planning and Growth Management Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.
Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council.
DETAILS OF RECOMMENDED ZONING Document 2
The subject lands, part of 7069 Fourth Line Road and 2165 Callendor Road, as shown on Document 1 will be rezoned from A2 to A2-xx and EP to EP-xy and used in accordance with the following provisions:
1. No residential uses are permitted
2. despite subsection 3(13) the land zoned A2-xx and the adjoining land zoned EP-xy and under the same ownership are considered one lot for the purposes of determining lot frontage and lot area.
3. Despite sub-clause 23(2)(b)(ii) the minimum required frontage for other uses is 135 metres.
1. despite subsection 3(13) the land zoned EP-xy and the adjoining land zoned A2-xx and under the same ownership are considered one lot for the purposes of determining lot frontage and lot area for the A2-xx zoned lands.