5. zoning - 2380 magladry road
zonage - 2380, chemin magladry
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 2380 Magladry Road from Agricultural Zone (AG) to Agricultural Subzone 5 (AG5), as shown on Document 1.
Recommandation du Comité
Que le Conseil approuve une modification au Règlement de zonage 2008-250 visant à faire passer la désignation de zonage d’une partie de la propriété située au 2380, chemin Magladry, de zone agricole (AG) à sous-zone agricole 5 (AG 5), comme l’illustre le document 1.
1. Deputy City Manager’s report (Infrastructure Services and Community Sustainability) dated 14 January 2010 (ACS2010-ICS-PGM-0029).
That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 2380 Magladry Road from Agricultural Zone (AG) to Agricultural Subzone 5 (AG5), as shown on 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 2008-250 visant à faire passer la désignation de zonage d’une partie de la propriété située au 2380, chemin Magladry, de zone agricole (AG) à sous-zone agricole 5 (AG 5), comme l’illustre le document 1.
The subject land is identified as part of 2380 Magladry Road and is situated southwest of the Magladry Road and Dunning Road intersection. The site currently consists of agricultural fields and wooded areas. Bear Brook Creek traverses the site, splitting the property in half. To the north and east of the site are agricultural uses, to the west is a rural estate subdivision and to the south is a mix of wood lots and agricultural uses. The existing house at 2350 (2380) Magladry Road is being severed as a surplus dwelling. The land to be retained will have a broken frontage totalling 534.38 metres on Magladry Road to a depth of 1,204 metres and will contain a lot area of 643,393 square metres (64.33 hectares).
The proposal is to rezone the land to meet a condition of consent to sever a surplus farm dwelling imposed by the Committee of Adjustment (application no. D08-01-09/B-00262).
The current zoning is Agricultural Zone (AG) and Rural Countryside Zone (RU), with a Flood Plain Hazard Overlay under Zoning By-law 2008-250.
The requested zoning amendment proposes to rezone a 36.86 hectare portion of the parcel to be retained (vacant farm land) which is currently zoned Agricultural Zone (AG) to Agricultural Subzone 5 (AG5) to prohibit residential uses. The remaining portion of the retained parcel will continue to be zoned Rural Countryside Zone (RU).
According to the Official Plan, the portion of the subject land to be rezoned is designated “Agricultural Resource Area”. This designation protects prime agricultural areas from loss of land to other uses. The policies ensure that a severance for the creation of a new lot on which is located a dwelling made surplus through farm consolidation does not permit the construction of a new dwelling on the lot rendered vacant through the severance. The policies require that the vacant agricultural parcel so created be rezoned to prohibit any residential uses. The housing restriction is intended to limit a pattern of lot creation in an Agricultural Resource Area that would see a new residence being constructed on a vacant farm property, the house being declared surplus and severed for a lot and the pattern so repeated.
The Agricultural Zone (AG) currently permits a detached dwelling, agricultural uses and various other uses. In order to ensure that the intent of the above Official Plan policies is implemented in the Comprehensive Zoning By-law, it is recommended that the zoning of the portion of the site zoned Agricultural Zone (AG) be changed to Agricultural Subzone 5 (AG5), as shown on Document 1, in order to prohibit residential uses on a lot having a minimum area of 30 hectares and a minimum width of 60 metres. This rezoning is considered appropriate since it will protect agricultural land from loss to other uses and will continue to respect the minimum lot area and width requirements.
The subject land will be limited to agricultural uses. By restricting residential uses, major agricultural areas will be protected from fragmentation and competing uses. In effect, it will enhance the rural heritage and fortify the rural landscape
The Ward Councillor is aware of this application and the staff recommendation.
LEGAL/RISK MANAGEMENT IMPLICATIONS
There are no legal/risk management implications associated with this report.
The proposed amendment is consistent with the City’s Strategic Plan as it respects the rural character of the area and will not have any impact on the viability of rural villages. As well, no expansion of infrastructure is required for the development.
Document 1 Location Map
City Clerk and Solicitor Department, Legislative Services to notify the owner, 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.