3.             ZONING - 2132 LOCKHEAD ROAD

ZONAGE - 2132 CHEMIN LOCKHEAD

 

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

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.

 

 

 

Recommandations modifiÉEs du comi

 

Que le Conseil approuve une modification au Règlement de zonage de l’ancien canton de Rideau, de manière à faire passer le zonage du 2132, chemin Lockhead de A2 (Rural général) à A2 (Rural général-exception XX), tel qu’illustré dans le Document 1 et exposé en détail dans le Document 2, sous réserve que le requérant obtienne un zonage lui permettant d’aménager une nouvelle exploitation agricole comprenant une maison unifamiliale permanente ainsi que des logements temporaires sous la forme de deux maisons mobiles destinées à la main-d’œuvre agricole, sous réserve des conditions suivantes :
 

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.

 

 

 

 

 

 

 

 

 

Documentation

 

1.                  Deputy City Manager, Planning, Transit and the Environment report dated 29 January 2007 (ACS2006-PTE-APR-0058). 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 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

 

Rideau (21)

Ref N°: ACS2007-PTE-APR-0058

 

 

SUBJECT:

ZONING - 2132 Lockhead Road (FILE NO. D02-02-06-0104)

 

 

OBJET :

ZONAGE - 2132 rue lockhead

 

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.

 

Purpose of Zoning Amendment

 

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

 

Provincial Policy Statement

 

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.

 

Official Plan 

 

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.

 

Servicing Issues

 

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 

 

 

ENVIRONMENTAL IMPLICATIONS

 

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.

 

 

RURAL IMPLICATIONS

 

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.

 

 

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      Details of Recommended zoning

 

 

DISPOSITION

 

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


LOCATION MAP                                                                                                  DOCUMENT 1


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