3. ZONING
- 2132 LOCKHEAD ROAD ZONAGE - 2132 CHEMIN
LOCKHEAD |
1.
that the applicant consent to an agreement on title
to prohibit any further severances or residential development and to govern the
use and removal of the mobile homes, both to the satisfaction of the Director,
Planning and Infrastructure Approvals; and
2.
that the owner drill a test well, providing
documents related to servicing issues to the satisfaction of the Director of
Planning and Infrastructure Approvals.
THAT
pursuant to the Planning Act, subsection 34(17) no further notice be
given.
Recommandations modifiÉEs du comité
3.
que
le requérant accepte un accord sur titre visant à interdire tout nouveau
morcellement ou aménagement résidentiel et à gérer l’utilisation et
l’enlèvement des maisons mobiles, à la satisfaction du directeur, Approbation
des demandes d'aménagement et d'infrastructure;
4.
que
le propriétaire creuse un puits d’exploration permettant de fournir des
documents concernant les problèmes de viabilisation, à la satisfaction du
directeur, Approbation des demandes d'aménagement et d'infrastructure.
QUE, conformément au paragraphe
34(17) de la Loi sur l’aménagement du territoire, aucun autre avis ne
soit transmis.
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité de l'agriculture et des questions rurales
and Council / et au Conseil
29 January 2007/le 29 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 : Grant Lindsay, Manager / Gestionnaire,
Development Approvals / Approbation des demandes d'aménagement
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an
amendment to the former Rideau Township Zoning By-law to change the zoning of
2132 Lockhead Road from A2 (General Rural) to A2-XX (General Rural -
exception XX) as shown in Document 1 and detailed in Document 2, subject to the
following condition:
That, prior to the by-law proceeding to
Council, the Owner shall:
i. drill and test a well on the property,
providing documentation related to servicing issues; and
ii. enter
into an agreement related to removal of the mobile homes;
to the satisfaction of the Director of
Planning and Infrastructure Approvals.
RECOMMANDATION DU RAPPORT
Que le Comité de l'agriculture et des questions
rurales recommande au Conseil
d'approuver une modification du Règlement municipal de zonage de
l'ancien Canton de Rideau afin de changer de A2 (Rural général) à A2-XX (Rural
général - exception XX) le zonage du 2132 du chemin Lockhead, tel que
l'illustre le document 1 et que le montre en détail le document 2, à la
condition suivante :
Le propriétaire devra, avant que le projet
de modification du Règlement municipal soit présenté au Conseil :
i. forer un puits sur le terrain, en faire analyser l'eau et produire la documentation ayant trait à la viabilisation;
ii. conclure
un accord portant sur l'enlèvement des maisons mobiles;
à la satisfaction du directeur,
Approbation des demandes d'aménagement et d'infrastructure.
BACKGROUND
The
subject property, 2132 Lockhead Road, is located in an area designated
Agricultural Resource, on the southern side of Lockhead Road. The property is
bounded by Lockhead Road and Highway 416.
The purpose of the rezoning is to implement a Committee of Adjustment decision. The applicant has entered into an agreement of purchase and sale for the lands to incorporate into their market garden operation. The Zoning By-law amendment is required as a condition of consent to sever the existing farmhouse from the lands, as surplus to the farm operation. The requested rezoning relates to the vacant retained parcel, which has an area of 14.77 hectares. The applicant wishes to establish accommodations for farm workers who will be employed in the market garden operation, on the retained lands. The applicant proposes locating two mobile homes on the subject lands for this purpose. The applicant has indicated that both of the mobile homes will be used approximately three months per year. It is proposed to: first, place the lands in a special A2 zone to prohibit construction of a permanent dwelling on the retained lands; and second, to permit a maximum of two temporary mobile homes to house full time seasonal farm labourers engaged in the agricultural operations on the subject lands.
DISCUSSION
The Policy Statement permits agricultural uses in
agricultural areas, which uses include on-farm accommodation for full time farm
labour, when the size and nature of the operation requires additional
employment, and permits the severance of a dwelling surplus to the needs of the
farm where farm consolidation occurs, provided the municipality ensures that no
residential use is permitted on the retained lands. The creation of lots for
the purposes of farm help accommodations has not been permitted since 1996.
The Official Plan permits a second
dwelling for full time farm help, provided it is located on the same lot as the
farmhouse and takes the form of a mobile home that can be removed once the farm
help is no longer required. If more
than one farm-help dwelling is required, the second and subsequent dwelling(s)
must be mobile homes. The policy advises that housing may be restricted in the
case of the severance of a suplus dwelling.
When farm consolication occurs, the severance of a dwelling surplus to
the needs of the farm, is permitted provided the retained lands are rezoned to
prohibit residential use of the retained lands.
A subsequent rezoning to allow a new
dwelling unit may be permitted, subject to agreement by City Council that a
farm related circumstance, such as viability of the farm operation, clearly
warrants it.
The above policies contemplated a
potential subsequent rezoning of lands remnant of the severance of surplus
dwellings, have no effect as of March 1, 2005, the date the current Provincial
Policy Statement came into effect. The
Provincial Policy Statement overrides the Official Plan provision and clearly
directs that no residential use be permitted on parcels remnant of the
severance of surplus farm dwellings.
Notwithstanding that the applicant
holds, within the farm complement, parcels which would permit the location of
mobiles to accommodate farm help, without the need for rezoning, the applicant
wishes to pursue the placement of farm help accommodation on the subject
parcel, which was created as a remnant of the severance of a surplus dwelling.
The Committee of Adjustment decision
related to the severance of the surplus dwelling, includes a condition
requiring the retained parcel to be rezoned to prohibit construction of a
dwelling unit, or alternatively; that if the remnant lands are to be used for
any residential purpose, such use shall be restricted to temporary dwelling
units for full time seasonal farm labourers engaged in agricultural operations
on the remnant lands.
Zoning By-law
The current zoning is A2 (General Rural).
The proposed Zoning By-law amendment
is designed to implement the decision of the Committee of Adjustment, while
maintaining consistency with the Provincial Policy Statement and the City
Official Plan policies.
The proposal is to rezone the
retained lands to prohibit residential uses. The Zoning By-law proposes
permitting two dwelling units for full time seasonal farm labourers, engaged in
agricultural operations on the subject lands, for a temporary period of three
years to implement the Committee of Adjustment direction to permit temporary
dwelling units. The proposed Zoning By-law achieves the dual direction given in
the Committee of Adjustment decision.
Traditionally, where farm help
accommodation is proposed to be located as a secondary use on existing farm
parcels where the main farmhouse is located, the City does not require at
temporary use by-law or an agreement to ensure the removal of the mobile
homes.
In this specific case, where the
Provincial Policy Statement and the City Official Plan clearly do not permit
residential uses to be located on lots created as a result of severance of a
surplus dwelling; and so as to implement the direction of the Committee of
Adjustment to allow "temporary" use for farm help, staff recommend
the temporary use provisions in the Planning Act be utilized, and an agreement
for removal of the mobile homes be required. The proposed temporary use provisions
coupled with the agreement will provide the City with the ability to ensure
removal of the temporary dwelling units at the end of the three-year timeframe.
The temporary use also affords the applicant the ability to re-evaluate the
farm operation at the end of the three-year period and either apply to extend
the temporary use, should the viability of the operation warrant same, or
alternatively permit the use to expire.
The agreement for removal of the
units will be required to be entered into by the applicant, prior to forwarding
of the Zoning By-law to Council. The agreement will be required to be
registered on the title of the retained lands simultaneous with the
finalization of the severance of the surplus farm dwelling.
The site will be serviced by private
on site services.
Water concerns that have been
identified are that there will be more than one dwelling served by a single
well; and that the users of the well will not be the owners of the property.
Sufficient yield is required to be
demonstrated since the well will service two dwellings. In addition to estimating the well yield,
the raw groundwater quality should be tested for the parameters listed in the
Ministry of Environment Procedure D-5-5 - Technical Guideline for Private
Wells: Water Supply Assessment, rev. August 1996.
Staff recommend that, prior to the
Zoning By-law being forwarded to Council, that a well, located on the subject
property, be drilled and tested and that a letter/report from a Professional
Geoscientist, or from a Professional Engineer who is competent in this practice
by virtue of training and experience, will be submitted to the Department for
review and approval. The letter/report will, as a minimum include:
a) the well log,
b) certification that the well's
annular space has been grouted under professional supervision and that the well
meets the requirements of Ontario Regulation 903 (wells),
c) that the well has been
sufficiently tested and deemed to be capable of yielding the required flow
rate,
d) the laboratory analysis
results for the quality testing in accordance with Procedure D-5-5; and
e) the implementation of any
recommendations that may apply as a result of the drilling and testing of the
well.
If the City determines the water to
be of acceptable quantity and quality, the test well may be converted to a
production well to serve the proposed use.
Should the well not be usable, it shall be abandoned in accordance with
Ontario Regulation 903.
The site plan provided by the
applicant indicates that a holding tank is proposed. The Ontario Building Code
prohibits the use of holding tanks with very limited exceptions. Approval from
the Ottawa Septic Office will be required for an on site septic system prior to
the issuance of the required building permits to allow the mobile homes to be
placed on the property, whether a holding tank or some other type of system is
proposed.
Concurrent Application
D08-01-06/B-00214 consent to sever a
surplus farm dwelling - conditionally approved
The Conservation Authority requests that the Zoning By-law establish a 30-metre setback for development from top of bank of the watercourse traversing the lands, where no buildings, structures or site alterations will be permitted.
The site will not be subject to site plan control. As there are currently no general provisions within the existing Zoning By-law to this effect and as the site plan provided by the applicant indicates conformity to this requirement, staff do not anticipate any issues related to imposing the requested setback.
Both the Provincial Policy Statement and the Official Plan permit the establishment of farm help as accessory uses, on existing farm parcels where the main farmhouse is located.
Both the Provincial Policy Statement and the Official Plan do not permit residential uses on retained farm parcels created since March 2005, as a result of severance of surplus dwellings.
The proposed Zoning By-law amendment demonstrates flexibility in policy interpretation and utilizes available planning tools in accommodating this site specific situation. The proposal supports the agricultural industry; implements the Committee of Adjustment decision, and ensures that following removal of the temporary use, the lot will be in conformity Provincial Policy Statement and 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.
This application was processed by the "On Time
Decision Date" established for the processing of Zoning By-law amendment
applications.
Document 1 Location Map
Document 2 Details
of Recommended zoning
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner, James and Linda Sheahan, Box 519, North Gower,
Ontario. K0A 2T0, applicant, Greg and Shirley Foster, P. O. Box 196, North Gower,
Ontario. K0A 2T0, 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
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
Schedule A, Map No. ** of By-law 2004-428 entitled the “Zoning By-law of the former Township of Rideau” is amended by changing the zoning from A2 to A2-XX
Subsection 23(3) of By-law 2004-428 is amended by adding the following:
(XXX) A2-XX Zone
Despite any provisions to the contrary, for lands zoned A2-XX, the following provisions apply:
(i) no residential uses are permitted;
(ii) despite (i) above for the temporary period from (month) (day) 2007 to (month) (day) 2010, two mobile homes to house full time seasonal farm labourers engaged in the agricultural operations on the property are permitted.
(iii) No buildings, structures or site alteration shall be permitted within 30 metres of the water course traversing the subject lands.
ZONING - 2132 LOCKHEAD ROAD
ZONAGE - 2132
RUE LOCKHEAD
ACS2007-PTE-APR-0058
Moved by
Councillor G. Brooks:
WHEREAS the
City’s Official Plan directs all people to recognize and support the special
role of agriculture in our economy and the Provincial Policy Statements
recognize that specialty farming should be regarded as the highest form of
agricultural production; and
WHEREAS the
Proponent has been farming Specialty Crops in the Ottawa area for 20 years and
is now looking to facilitate the succession and transfer of the farming
operation to the next generation through expansion of the farming operation;
and
WHEREAS the
City’s Official Plan (Section 3.7.3.14
(b)) states that exceptions for severances and rezoning can be made to ensure
the viability of a farming operation; and
WHEREAS the
Proponent has demonstrated to the Agriculture and Rural Affairs Committee that
the development of a permanent single detached dwelling along with temporary
housing for migrant workers is essential for the on-going sustainability of
their specialty farming operation.
THEREFORE BE IT RESOLVED that:
Council
approve an amendment to the former Rideau Township Zoning By-law to change the
zoning of 2132 Lockhead Road from A2 (General Rural) to A2 (General
Rural-exception XX) as shown in Document 1 and detailed in Document 2, subject
to the modification that the proponent be granted zoning that would permit the
development of a new farming operation including a permanent single detached
dwelling as well as temporary accommodations in the form of two mobile home
units for farm help and, further, subject to the following conditions:
1)
that the applicant consent to an agreement on title to
prohibit any further severances or residential development and to govern the
use and removal of the mobile homes, both to the satisfaction of the Director,
Planning and Infrastructure Approvals; and
2)
that the owner drill a test well, providing documents
related to servicing issues to the satisfaction of the Director of Planning and
Infrastructure Approvals.
THAT pursuant to the Planning Act, subsection 34(17) no further notice be given.
Ms. T.
MacHardy, Planner, provided a detailed overview of this item. A copy of her presentation is held on file.
Councillor
Brooks stated that his motion was an addition to the report recommendation and
that the Committee should hear the presentation by the applicant.
Mr. G.
Foster, the
applicant, agreed to the report recommendations but requested that Councillor
Brooks’ motion adding the residences be accepted. The proposed dwellings would be placed on land that has not been
tilled in two generations, are set back and hidden from the road. The dwellings are required to house staff
who are needed on site to ensure adequate maintenance and security of the
greenhouses. Mr. Foster stated that
they are fourth generation farmers and would like to see further generations
continue the business. Mr. Foster echoed Councillor Brooks’ concerns regarding
the need for flexibility in rural areas and suggested that one policy does not
fit all since his operation is not the same as many other farms in the
area. Mr. Foster stated that there have
been no objections to his application and feels that they are an asset to the
community and wants to continue to live and operate his business there.
Councillor Brooks stated that his motion was asking to include permanent and temporary dwellings in addition to the report recommendations, since it makes sense to have someone on site at all times with this type of farming.
Councillor Hunter was concerned that the motion put forth did not mention greenhouses, which was the major reason for the addition of the permanent and temporary residences. Councillor Brooks agreed to amend his motion adding the greenhouse farming operation on the proposed site.
Moved by Councillor G. Brooks:
That the
Agriculture and Rural Affairs Committee recommend Council approve an amendment
to the former Rideau Township Zoning By-law to change the zoning of 2132
Lockhead Road from A2 (General Rural) to A2 (General Rural-exception XX) as
shown in Document 1 and detailed in Document 2, subject to the modification
that the proponent be granted zoning that would permit the development of a new
farming operation including a permanent single detached dwelling as well as
temporary accommodations in the form of two mobile home units for farm help
and, further, subject to the following conditions:
1.
that the applicant consent to an agreement on title
to prohibit any further severances or residential development and to govern the
use and removal of the mobile homes, both to the satisfaction of the Director,
Planning and Infrastructure Approvals; and
2.
that the owner drill a test well, providing documents
related to servicing issues to the satisfaction of the Director of Planning and
Infrastructure Approvals.
THAT
pursuant to the Planning Act, subsection 34(17) no further notice be
given.
CARRIED
as amended