2. ZONING - 1369, 1378, 1384, 1390 AND 1461 YORKS CORNERS ROAD

ZONAGE - 1369, 1378, 1384, 1390 ET 1461, CHEMIN YORKS CORNERS

COMMITTEE RECOMMENDATION

That Council approve an amendment to the former Osgoode Zoning By-law to change the zoning of 1378, 1384 and 1390 Yorks Corners Road from RU - Rural Zone to CE - Country Estate Zone and of 1369 and 1461 Yorks Corners Road from RU - Rural Zone to RU (X) - Rural Exception (X) Zone as shown in Document 1 and as detailed in Document 2.

Recommandation du comité

Que le Conseil approuve une modification à l'ancien Règlement de zonage d'Osgoode afin de faire passer le zonage des 1378, 1384 et 1390, chemin Yorks Corners de RU - zone rurale à CE - zone de domaine rural, et celui des 1369 et 1461, chemin Yorks Corners de RU - zone rurale à RU (X) - zone rurale d'exception (X), tel qu'illustré dans le Document 1 et exposé en détail dans le Document 2.

Documentation

1. Deputy City Manager, Planning, Transit and the Environment report dated 7 December 2006 (ACS2006-PTE-APR-0019).

2. Extract of Draft Minutes 3, Agriculture and Rural Affairs Committee meeting of February 8, 2007.

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité d'agriculture et des questions rurales

and Council / et au Conseil

7 December 2006 / le 7 décembre 2006

Submitted by/Soumis par : Nancy Schepers,

Deputy City Manager/Directrice municipale adjointe,

Planning, Transit and the Environment / Urbanisme, Transport en commun et Environnement

Contact Person/Personne ressource : Karen Currie, Manager / Gestionnaire, Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424, 28310 Karen.Currie@ottawa.ca

Osgoode (20)

Ref N°: ACS2007-PTE-APR-0019

SUBJECT:	ZONING - 1369, 1378, 1384, 1390 AND 1461 YORKS CORNERS ROAD (FILE NO. D02-02-04-0145)

OBJET :	ZONAGE - 1369, 1378, 1384, 1390 ET 1461, CHEMIN Yorks Corners

REPORT RECOMMENDATION

That the recommend Council approve an amendment to the former Osgoode Zoning By-law to change the zoning of 1378, 1384 and 1390 Yorks Corners Road from RU - Rural Zone to CE - Country Estate Zone and of 1369 and 1461 Yorks Corners Road from RU - Rural Zone to RU (X) - Rural Exception (X) Zone as shown in 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 à l'ancien Règlement de zonage d'Osgoode afin de faire passer le zonage des 1378, 1384 et 1390, chemin Yorks Corners de RU - zone rurale à CE - zone de domaine rural, et celui des 1369 et 1461, chemin Yorks Corners de RU - zone rurale à RU (X) - zone rurale d'exception (X), tel qu'illustré dans le Document 1 et exposé en détail dans le Document 2.

BACKGROUND

The applicant had filed an appeal to the Official Plan on behalf of 1534058 Ontario Inc. According to the Memorandum of the oral decision from the first prehearing conference held June 22 and 25, 2004, the Board ordered that this appeal be adjourned to a Prehearing Conference. A Prehearing Conference was held on September 30, 2004. Settlement for part of Ontario Municipal Board Appeal No. 47 was reached 13 October 2005, summary of the Minutes of Settlement are included in Document 2.

Purpose of Zoning Amendment

In accordance with the Minutes of Settlement for part of Appeal No. 47 to the Official Plan dated October 13, 2005, the Zoning By-law amendment for the lands on the east side of Yorks Corners Road will permit three Country Estate Lots, and the Zoning By-law amendment for the lands on the west side of Yorks Corners Road will prevent the construction of homes on those lands.

Existing Zoning

The existing zoning of the lands is RU – Rural Zone. Single detached dwellings are permitted on 10.0 hectares lots.

Proposed Zoning

The proposed CE – Country Estate Zone permits single detached dwelling on lands with a minimum lot area of 0.8 hectares and the RU (X) – Rural Exception Zone removes a single detached dwelling as a permitted use.

DISCUSSION

The applicant had made application to the Committee of Adjustment in 2002 to sever rural residential lots from the lot frontage along Mitch Owens Road and Yorks Corners Roads but the Committee refused the request, based on non-compliance with the Official Plans (local and regional) and the Provincial Policy Statement on land use planning. The refusal was not appealed. During this time the City was proceeding with adoption of the new Official Plan and the applicant appealed the Plan with respect to policies on: residential lot severances in areas of clusters of housing within the Agricultural Resource Area; the lack of designation of the hamlet of Edwards as a village; and the lack of inclusion of a policy to allow the severance of new residential lots from portions of agricultural lands where drainage ditches make farming of certain portions of lands difficult. As part of a mediated settlement of a part of the appeal, agreement was reached to permit, via interpretation of residential infill in this circumstance, the severance of three lots from the lot frontage along Yorks Corners Road in between a church and lot on the south and a mobile home park and lots to the north. This was to be subject to a condition that two agricultural properties owned by the applicant were to be rezoned to prohibit future houses. These latter properties are situated on the east side of Yorks Corners Road.

RURAL IMPLICATIONS

There is a licensed dog kennel adjacent to the proposed Country Estate Lots; a warning clause will be inserted on these properties through the severance applications.

CONSULTATION

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 receive comments/concerns to this application from an abutting lot owner who has a licensed dog kennel. The neighbour is concerned that the proposed Country Estate lots next to their licensed kennel could affect their enjoyment of, and legal use of, their property.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was 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 Minutes of Settlement

Document 3 Details of Recommended zoning

DISPOSITION

Corporate Services Department, City Clerk’s Branch, Secretariat Services to notify the owner, 1534058 Ontario Inc., c/o Adrian Schouten, R.R. #3, 6133 Malakoff Road, Ottawa, ON K0A 2Z0, applicant, Morris M. Kertzer, 300-50 O’Connor Street, Ottawa, ON K1P 6L2, 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, Transit and the Environment 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

LOCATION MAP DOCUMENT 1

MINUTES OF SETTLEMENT DOCUMENT 2

Following are the minutes of settlement for part of Appeal no. 47 to the Official Plan appeal by 1534058 Ontario Inc. which details the requested Zoning By-law amendment proposal:

"1. The parcel of land owned by 1534058 Ontario Inc. being part of Lot 5, Concession 9, Osgoode, and fronting on Yorks Corners Road, shall be severed and zoned into three country estate lots as shown as Parts 1, 2 and 3 on the Draft Plan prepared by Annis, O’Sullivan, Vollebekk Ltd., dated February 10, 2005 and shown as job 5383-4.

1. The said 1534058 Ontario Inc. has applied to the Committee of Adjustments for the severance of the said Parts 1, 2 and 3 by application file No.: D08-01-04/B-00454, 455, 456 and has applied for the rezoning into three country estate lots by application number D02-02-04-0145.

2. In consideration of the City of Ottawa consenting to the applications set forth in paragraphs 1 and 2 hereof, two parcels of land owned by 1534058 Ontario Inc. shall seek rezoning to prevent the construction of a home on each of the 2 parcels described as follows:

a. Part of Lot 5, Concession 10, Osgoode, being pin #04323-0035 and pin #04323-0037;

and

b. Part of Lot 6, Concession 10, Osgoode, being pin #04363-0040.

3. The City of Ottawa shall proceed with the re-zoning set forth in paragraph 2 hereof, and shall process the re-zoning set forth in paragraph 3 hereof to be heard by the Planning Committee and City Council after or at the same time as the approval of the rezoning set forth in paragraph 2. Upon the re-zoning being complete, the City of Ottawa shall forthwith forward its consent to the Committee of Adjustments."

DETAILS OF RECOMMENDED ZONING DOCUMENT 3

That 1387, 1384 and 1390 Yorks Corners Road, shown on Schedule A – Map 2 to Osgoode By‑law No. 2003-230 be amended to change the zoning from Rural Zone (RU) to Country Estate Zone (CE).

That 1369 and 1461 Yorks Corners Road, shown on Schedule A – Map 2 to Osgoode By-law No. 2003-230 be amended to change the zoning from Rural Zone (RU) to Rural Exception “X” Zone (RU “X”).

Notwithstanding the list of permitted uses in the Rural (RU) zone, on lands zoned Rural Exception “X” Zone (RU “X”) only agricultural and forestry uses are permitted.