6. ZONING - 6303 ORMOND ROAD AND 2009 PHELAN ROAD
ZONAGE - 6303, CHEMIN ORMOND ET 2009, CHEMIN PHELAN
(This application is subject to Bill 51)
That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 6303 Ormond Road and 2009 Phelan Road from Agricultural Subzone 2 (AG2) to Agricultural Subzone 6 (AG6), as shown in Document 1.
Recommandation du Comité
(Cette demande est assujettie au Reglement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 6303, chemin Ormond et du 2009, chemin Phelan de Zone agricole, sous-zone 2 (AG2), à Zone agricole, sous-zone 6 (AG6), comme il est indiqué le document 1
1. Deputy City Manager's report Infrastructure Services and Community Sustainability dated 4 September 2009 (ACS2009-ICS-PGM-0174).
(FILE NO. d02-02-09-0051)
That the recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 6303 Ormond Road and 2009 Phelan Road from Agricultural Subzone 2 (AG2) to Agricultural Subzone 6 (AG6), as shown in Document 1.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 6303, chemin Ormond et du 2009, chemin Phelan de Zone agricole, sous-zone 2 (AG2), à Zone agricole, sous-zone 6 (AG6), comme il est indiqué le document 1
The parcels are designated Agricultural Resource Area 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 existing zoning of the severed and retained properties is Agricultural Subzone Two (AG2). The existing zone contemplates agricultural uses and sets minimum zone provisions related to them. The minimum lot size to permit agricultural use of a property in the AG2 Zone is 18 hectares. Agricultural uses are not permitted on new lots less than 18 hectares in size. For uses other than Agriculture, Forestry, Equestrian Establishment and Kennel the minimum lot area is 0.4 hectares.
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.
The Committee of Adjustment in granting the severance of the dwelling and associated outbuildings, has required, in accordance with the Official Plan, the severed and retained lands be rezoned, prior to finalization of the consent. The proposed zoning therefore implements the intent of the Official Plan.
Severed Parcel – 6303 Ormond Road
One of the conditions of the Committee of Adjustment decision requires that the Owner file confirmation from the City that the severed parcel has been rezoned to permit the existing outbuildings on the property to be used for uses accessory to residential use (including an equestrian establishment) in excess of the maximum size permitted by the Zoning By-law.
It is proposed to leave the severed parcel in Agricultural Subzone Two (AG2).
At 3.159 hectares in lot area, agricultural and forestry uses are not permitted on the severed lot, however, Section 211 (5) of the Zoning By-law permits an "equestrian establishment comprised of a stable as an accessory use to a detached dwelling on a lot of 0.8 hectares or larger in area."
In the review of the severance 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 By-law 2008-250. At the time of the review of the Consent application this Section limited the aggregate of all accessory buildings to 150 square metres in the AG zone. On April 23, 2009 Agriculture and Rural Affairs Committee carried a report recommending that this zone provision be altered to permit a maximum of five percent of the lot area or 150 square metres whichever is the greater, for accessory buildings in the Agricultural (AG) zone. A by-law to effect this recommendation was adopted by Council on May 13, 2009 and is now in full force and effect. The area of the existing accessory structures is approximately 1,190.7 square metres which represents less than five percent of the lot area. Accordingly, there is no longer an issue with the size of the outbuildings. It is noted that the size of the parcel at 3.159 hectares will limit the uses permitted within the outbuildings.
Retained Parcel – 2009 Phelan 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 and reflect the final lot area. The rezoning will recognize the final lot area of the retained parcel.
The Zoning By-law sets up specific zones that prohibit residential uses for these circumstances, depending on the area associated with the final parcel configuration. In this case the retained parcel is approximately 25.6 hectares in area.
The Agricultural Subzone 6 (AG6) zone prohibits residential uses and sets a minimum lot area of 18 hectares.
The rezoning supports the agricultural community, permitting a 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. Approval of this recommendation will satisfy one of the standard conditions established by the Committee of Adjustment for severances related to farmland.
Document 1 Location Map
City Clerk and Legal Services Branch, Legislative Services to notify the applicant, 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 and Growth Management 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.