Report
to/Rapport au:
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
18 December 2006 / le18 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
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SUBJECT: |
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OBJET: |
REPORT RECOMMENDATION
That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the former City of Cumberland Rural Zoning By-law to change the zoning of part of 5396 Dunning Road from "MX" Mineral Extraction to "GR" General Rural as shown in Document 1.
RECOMMANDATION DU RAPPORT
Que le Comité de l'agriculture et des questions
rurales recommande au Conseil d’approuver une modification au Règlement de
zonage rural de l’ancienne Ville de Cumberland, de manière à
faire passer le zonage d’une partie du 5396, chemin Dunning de « MX »
Extraction minérale à « GR » Rural général, tel qu’illustré dans le
Document 1.
BACKGROUND
The subject lands form part of 5396 Dunning Road, which is situated on the west side between Russell Road and Devine Road. The property has an area of 40.5 hectares and is split between two zones. The easterly portion, which is the subject of this rezoning, is currently zoned "MX" Mineral Extraction, while the balance of the lands are zoned "GR" General Rural. Through this application, it is intended that the GR zone extend across the entire property.
The lands are relatively flat with a gentle slope to the west. A mobile home and a large storage shed are currently located on the east part of the property. The site has three ponds located between the mobile home and Dunning Road. The adjacent sites are occupied by farm operations.
The applicant seeks to amend the Zoning By-law to permit the construction of a single-family residence and a farm equipment storage building. The mobile home and the storage shed currently located on the MX portion of the site are illegal. While the mobile home is to be removed, the storage shed will remain on the property. This shed, as well as the existing livestock, will not be in violation with the new zoning, being the GR Zone.
According to the owner, the gravel pit operated on the front portion of the site in the 1980s, but the resource was depleted 15 years ago. The site was zoned "MX" Mineral Extraction, in reflection of this use. This zone permitted a quarry or pit as well as a dwelling for use by a caretaker only.
DISCUSSION
Official Plan
The Official Plan designation for the subject land is "Sand and Gravel Resource Area". Lands identified as Sand and Gravel Resource Areas are intended to accommodate pits and wayside pits as the main land uses. A single-detached dwelling and accessory buildings on each existing lot fronting on a public road that is maintained year-round is also permitted, provided that the dwelling is permitted in the Zoning By-law, and can meet all requirements for private servicing requirements. Approval authorities shall ensure that new development is sited on existing lots in order to minimize the impact upon future extraction of mineral aggregate resources. The Official Plan indicates that where aggregate resources have been fully extracted, General Rural or Agricultural Resource uses may be permitted without amendment to the plan, provided that technical studies are submitted to confirm that mineral resources have been depleted.
An Aggregate Consultant who was retained by the owner to examine the possibility for further gravel pit exploitation confirmed that the quality aggregate was removed, the site was rehabilitated and the license surrendered to the Ministry of Natural Resources. Moreover, with the new regulations under the Aggregates Act, and the setback requirements from dwellings, a license application would, in any event, be turned down.
Zoning By-law
The current zoning of the subject lands is "MX" Mineral Extraction, which permits agriculture use but excludes permanent buildings or structures; a quarry or pit; an office accessory to a pit or quarry; and a dwelling accessory to an operating pit or quarry.
Details of Proposed Zoning
The applicant is proposing to
rezone the subject lands, in order to legalize the construction of a
single-family dwelling and a farm equipment storage building.
The proposal is to rezone the
easterly seven hectares of 5396 Dunning Road from "MX" Mineral
Extraction to "GR" General Rural. Under the "GR" General
Rural Zone, "Residential Uses - single detached dwelling" and
"Agricultural Uses" are permitted. The Agriculture Use includes the
use and storage of all forms of equipment or machinery needed to accomplish
agricultural activities.
Staff acknowledge that sand and
gravel resources are scarce in the City but after reviewing the aggregate
resources consultant’s report confirming that the aggregate was extracted to
the fullest extent possible, it is clear the MX zoning is no longer
appropriate. Consequently, it is reasonable to extend the GR zoning across the
entire property. Rezoning the east portion of the property in this manner would
accommodate the proposed residence and legalize the farm equipment buildings.
As a result, the proposal is acceptable and would not contravene Zoning By-law
requirements.
Therefore, based on the above-noted considerations, the Department recommends approval of the Zoning By-law amendment as it is consistent with uses envisioned under the Official Plan.
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 not receive any negative comments or opposition to this application.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS TIMELINE STATUS
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment due to the fact that the aggregate resources evaluation report submitted at the time of application for the Zoning By-law amendment was incomplete.
SUPPORTING DOCUMENTATION
Document 1 Location Map
DISPOSITION
Corporate Services Department, City Clerk’s Branch, Secretariat Services to notify the owner, Walter Henn, 8411 Russell Road Navan, ON K4B 1J1, Signs.ca, 866 Campbell Avenue, Ottawa, ON K2A 2C5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning, Transit and the Environment 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.
LOCATION MAP DOCUMENT 1
