2. ZONING
- 3850 MILTON ROAD ZONAGE - 3850, CHEMIN
MILTON |
COMMITTEE RECOMMENDATION AS AMENDED
That Council approve an amendment to the
former Cumberland Zoning By-Law, to change the Zoning of 3850 Milton Road to
increase to 420 square metres the size permitted for a home occupation
rural/ industry and allow for an outside vehicle storage use of 1 acre, and
that no further notice be given under the Planning Act, subsection 34(17).
Recommandation du comité
Que le Conseil approuve une modification à l’ancien Règlement de
zonage de Cumberland, de manière à ce que le zonage du 3850, chemin Milton
permette un accroissement à 420 mètres carrés de la superficie autorisée
d’une utilisation domiciliaire, rurale/d'industrie et permette une utilisation
d’entreposage extérieur de véhicule d’une acre, et qu’aucun autre avis ne soit
transmis en vertu du paragraphe 34(17) de la Loi sur l’aménagement du
territoire.
Documentation
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
19 January 2007 / le 19 janvier 2007
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 recommend Council refuse an amendment to the former Cumberland
Zoning By-law, to change the zoning of 3850 Milton Road to increase the size permitted for a home occupation rural/industry and
allow for an outside vehicle storage use.
RECOMMANDATION DU RAPPORT
Que le Comité de l’agriculture et des affaires
rurales recommande au Conseil de refuser une modification au Règlement de
zonage de l’ancienne Ville de Cumberland visant à changer la désignation de
zonage du 3850, chemin Milton afin d’augmenter la taille autorisée d’une maison
en occupation rurale/industrielle et de permettre une utilisation d’entreposage
extérieur de véhicules.
BACKGROUND
The subject site is located at 3850 Milton Road, which
is approximately one kilometre south of Navan Road, as shown on Document 1.
The site is 2.34 hectares in size and originally formed part of
a larger farm holding that was severed in 1996. The remainder of the land was
consolidated with an adjacent agricultural use. The subject site consists of an existing storage shed and a
single detached dwelling, which the applicant intends to demolish and replace
with a new dwelling.
The adjacent property to the north of the subject site consists of a
farm equipment and automobile repair garage and a single detached dwelling. The
property to the south consists of a single detached residence and the remainder
of the site is bound by agricultural uses. A watercourse crosses the northwest
corner of the property.
The subject site is zoned AGR-Agriculture and
FP–Flood Plain Zone as per the former Cumberland Zoning By-law.
The applicant wishes to amend the
home occupation rural/industry provisions of the Zoning By‑law to add
outside storage of recreational vehicles as a
permitted use and to increase the maximum floor area restriction.
DISCUSSION
Provincial Policy Statement
The subject site is within a prime agricultural
area. In prime agricultural areas permitted uses and activities are limited to
agricultural uses, secondary uses and agriculture-related uses. Secondary uses
are those that are secondary to the principal use on the property and include
such things as home occupations, home industries and uses that produce
value-added agricultural products from the farm operation on the property.
Agriculture-related uses are those that are farm-related commercial and
farm-related industrial uses that are small in scale and directly related to
the farm operation and are required in proximity to the farm operation.
Any proposed new secondary uses and
agricultural-related uses shall be compatible with, and shall not hinder,
surrounding agricultural operations. These uses shall be limited in scale in
order to protect agricultural uses.
Land can only be excluded from prime
agricultural areas for limited non-residential uses, provided that the land
does not comprise a speciality crop area, there is demonstrated need within the
planning horizon for additional land to be designated to accommodate the
proposed use, there are no reasonable alternative locations which avoid prime
agricultural areas and there are no reasonable alternative locations in prime
agricultural areas with lower priority agricultural lands.
Official Plan
The Official Plan designation of the subject
site is Agricultural Resource Area. The Agricultural Resource Area designation
identifies areas of good soil condition and areas consisting of a concentration
of agricultural activities. The Official Plan recognises the importance of
protecting and preserving this vital resource from loss to other uses. This protection includes policies that strictly
limit permitted land uses on all lands identified as Agricultural Resource
Areas.
Land uses other than agricultural uses are to
be strictly limited to uses directly related to agriculture, subject to a rezoning and are to
be in areas of poor soil. The possible permitted uses must be of the type that
need to be located close to farm operations, such as livestock assembly points,
grain drying, storage for farm produce, and custom machinery operators. Furthermore, these uses will not adversely
affect agricultural operations in the general vicinity.
Current Zoning
The
majority of the subject site is currently zoned AGR-Agriculture,
with a small portion of the northwest corner of the site zoned as FP-Flood
Plain. In the
FP zone no person shall use any building or land without approval from the
local Conservation Authority.
The
intent of the AGR zone is to restrict the range of permitted uses in order to
preserve prime agricultural lands from loss to other uses and to regulate uses
in a manner that respects the character of the area and minimizes land use
conflicts. Some of the permitted uses include agricultural uses, forestry, a
single detached dwelling and other related accessory uses. Home occupation rural/industry is a listed permitted use of the AGR
zone, however it must be clearly accessory to a main permitted use.
Details of Proposed Zoning
The Zoning By-law currently restricts a home
occupation rural/industry to maximum combined
floor area of 150 square metres. The home occupation provisions also state that there
shall be no evidence apparent from the exterior that a home occupation is
conducted on the property. The applicant is proposing to introduce two independent home occupations
on this property, a landscaping business and recreational vehicle, boat and
trailer storage business, which will have both indoor and outside storage.
The landscaping business will
consist of a 112 square metre building that will be used for the storage of
equipment. On this basis it is permitted as long as it is accessory to the
residence.
The recreational
vehicle, boat and trailer storage business will consist of another storage
building 298 square metres in size that will be used for indoor storage.
In addition a 0.4 hectares storage yard will be used for the outside storage of recreational vehicles, boats and trailers. The
Zoning By-law currently permits the winter storage of automobiles, boats and
recreation vehicles, as a home occupation rural/industry, however it must be contained indoors and
is subject to a maximum floor area of 150 square metres.
The two home occupations will have combined floor
area of 410 square metres. An
amendment is required to increase the maximum combined floor area for a home
occupation rural/industry from
150 square metres to 410 square metres and to allow outside storage of
recreational vehicles as a use.
Summary
Staff considers that the scale of the proposed amendment, consisting of
two home occupations, two storage buildings and an acre of outside vehicle
storage, far exceeds the intent for a home occupation rural/industry. The
intent is to allow small-scale commercial uses that are clearly accessory to a
single detached dwelling, and that have no evidence apparent from the exterior that such use is conducted on the
property.
Due the magnitude of the outside
storage and the number of storage buildings it would be apparent that a home
occupation was being conducted from the site. Furthermore, because of the scale
of the proposed home occupation it could not be considered accessory to the
main use. The home occupation buildings will have double the floor area of the
proposed residence, while the outdoor storage area will be over twenty times
the area of the residence.
The proposed amendment contravenes
the Provincial Policy Statement and does not comply with the policies of the
Official Plan. The proposed use cannot be considered a secondary or an
agricultural related use. It is not a type of use that needs to be in proximity
to farm operations and there is no need for the proposed use to be located in
the prime agricultural area. There are many alternative locations outside prime
agricultural area to accommodate this use.
While the Provincial Policy Statement and Official Plan enable home occupations within the Agricultural Resource Areas as a means of diversifying farm income, this proposal goes well beyond the scale of a home occupation and has no relationship with any farm operation. In fact the proposed recreational vehicle storage use would largely be serving the urban area. This application simply represents a commercial Zoning By-law amendment within a prime agricultural area.
Under the policies of the Provincial Policy Statement and the Official Plan such uses should be redirected to more appropriate commercial or industrial zones.
Staff recommend refusal of this
Zoning By-law amendment application.
ENVIRONMENTAL IMPLICATIONS
There is an existing watercourse located on the site and a portion of the site is designated as Flood Plain. The outdoor storage of vehicle within the Flood Plain may lead to negative environmental implications that may adversely affect the neighbouring properties.
No development or site alteration is permitted within 15 metres of the designated 100-year flood plain, as per Ontario Regulation 170/06 Development, Interference with Wetlands and Alterations to Shoreline and Watercourses. Further the Official Plan Section 4.7.3 allows no development or site alteration within a minimum 30 metres from the normal high water mark of the watercourse, or if there is a defined bank, 15 metres from top of the bank, whichever is greater.
Any work within this regulated area would require a permit from the South Nation Conservation Authority.
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
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
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner, Robert and Allison Munro 1390
Inge Crescent, Navan ON K4B 1M7, applicant, Debbie Belfie (D.G. Belfie Planning &
Development Consulting) 21 Pinecone Terrace, Stittsville, ON K2S 1E1, 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 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
