3. ZONING - 3311 AND 3325 EAGLESON ROAD
ZONAGE - 3311 ET 3325, CHEMIN EAGLESON
(This application is subject to Bill 51)
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3325 Eagleson Road from AG Agricultural Zone to AG5 [rural exception XX], as detailed in Document 2 and shown in Document 1.
Recommandation du Comité
(Cette demande est assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage no 2008-250 en vue de changer le zonage de la propriété située au 3325, chemin Eagleson, de Zone agricole (AG) à AG5 [exception rurale XX], comme l’explique le Document 2 et le montre le Document 1.
1. Deputy City Manager's report Infrastructure Services and Community Sustainability dated 6 May 2009 (ACS2009-ICS-PLA-0067).
That the recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3325 Eagleson Road from AG Agricultural Zone to AG5 [rural exception XX], as detailed in Document 2 and shown in Document 1.
RECOMMANDATION DU RAPPORT
Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver une modification au Règlement de zonage no 2008-250 en vue de changer le zonage de la propriété située au 3325, chemin Eagleson, de Zone agricole (AG) à AG5 [exception rurale XX], comme l’explique le Document 2 et le montre le Document 1.
The subject parcels are known as 3311 and 3325 Eagleson Road. The parcels are located in an agricultural area, north of Brophy Road and east of Eagleson Road.
The rezoning is required to fulfill a condition of the Committee of Adjustment decision to sever a dwelling and immediately abutting outbuildings, made surplus through farm consolidation on a 3.48 hectare parcel.
The existing zoning of the severed and retained properties is AG (Agricultural Zone). The existing zone contemplates Agricultural uses and sets minimum zone provisions related to agricultural uses. The minimum lot size to permit Agricultural use of a property is 36 hectares. Agricultural uses are not permitted on new lots less than 36 hectares in size. For uses other than Agriculture, Forestry, Equestrian Establishment and Kennel the minimum lot area is 0.4 hectares.
Severed Parcel – 3311 Eagleson Road – to remain AG (Agricultural Zone)
Retained Parcel – 3325 Eagleson Road – to be rezoned to AG5 [rural exception XX].
The parcel is designated Agricultural Resource in the Official Plan. The policies permit severance of a dwelling and immediately adjacent outbuildings made surplus through farm consolidation, provided the vacant agricultural parcel is rezoned to prohibit any residential use.
The Committee of Adjustment in granting the severance of the dwelling and immediately adjacent outbuildings, has required, in accordance with the Official Plan, the severed and retained lands to be rezoned, prior to finalization of the consent. The proposed zoning therefore implements the intent of the Official Plan.
It is proposed to leave the severed parcel in the AG (Agricultural Zone).
At 3.48 hectares in lot area agricultural uses are not permitted on the severed lot.
The Building Code includes provisions related to limiting distance requirements. The applicant should be aware that any change in use of these accessory structures requires a review related to compliance with the limiting distance requirements under the Building Code.
At the time of the review of the consent application it was felt that a condition for rezoning of the severed parcel would be required to recognize a reduction in required minimum side yard. Since the severance, the configuration of the lot has been altered, resulting in the detached accessory building in question meeting the minimum required side yard.
In review of the rezoning application it was noted that the adjacent outbuildings being severed with the dwelling exceed the maximum size permitted to be used for uses accessory to a residential use under Section 55 of the Zoning By-law. This Section currently limits the aggregate of all accessory buildings to 150 square metres in the AG zone. On April 23, 2009 Agriculture and Rural Affairs carried on consent a report recommending that this zone provision be altered to permit a maximum of five per cent of the lot area for accessory buildings in the AG zone. A by-law to effect this recommendation will be before Council on May 13, 2009 and will be subject to an appeal period. As the area of the existing accessory structures totals 2,777 square metres it will exceed the maximum allowed in the Zoning By-law thereby creating a non-complying situation. Future use of these non-complying buildings is regulated under Section 3 of the Zoning By-law - Non-Conformity and Non-Compliance.
Retained Parcel – 3325 Eagleson Road
In accordance with the Provincial Policy Statement and the Official Plan, the Committee of Adjustment required that the retained vacant farmland be rezoned to prohibit future residential dwellings. The rezoning will recognize the final lot area and minimum lot width of the retained parcel.
The Zoning By-law sets up specific zones that prohibit residential uses for these circumstances, depending on the area and frontage associated with the final parcel configuration. In this case the retained parcel is approximately 34 hectares in area and has a minimum lot width of 48 metres.
The AG5 zone prohibits residential uses and sets a minimum lot area of 30 ha. The standard AG5 zone requires a 60 metre minimum lot width. As such it is necessary to establish an AG5 [rural exception XX] zone to recognize that the minimum lot width of the retained parcel is 48 metres.
Consent application: D08-01-08/B-00417 approved conditional on this rezoning. The rezoning will fulfill one of the conditions of consent to permit the severance to finalize.
The rezoning supports the agricultural community, permitting the farmer to dispose of a dwelling surplus to his operation, while protecting and preserving the agricultural use of the retained lands, by prohibiting future dwellings to be constructed thereon.
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.
There are no legal/risk management implications associated with this report.
Document 1 Location Map
Document 2 Details of Recommended Zoning
City Clerk and Legal Services Branch, Legislative Services to notify the owner, Adrian Schouten, 6133 Malakoff Road, Richmond, Ontario K0A 2Z0, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Walter Frost, 3285 Eagleson Road, Richmond, Ontario. K0A 2Z0, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning and Growth Management Department to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.
Legal Services to forward the implementing by-law to City Council.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
Proposed Changes to By-law 2008-250
The Zoning Map will be amended to show that the retained parcel known municipally as 3325 Eagleson Road is rezoned from AG – Agricultural Zone to AG5[xxr] – Agricultural Subzone 5 with the following exception:
AG5[xxr] – minimum lot width: 48 metres