6. ZONING – 9065 AND 9245 MARVELVILLE ROAD
ZONAGE – 9065 ET 9245, CHEMIN MARVELVILLE
That Council approve an an amendment to Zoning By-law 2008-250 to change the zoning of 9065 and 9245 Marvelville Road from Agricultural (AG1) to Agricultural, subzone 8 (AG8) and Agricultural, subzone 5 (AG5) as shown in Document 1.
Que le Conseil approuve une modification au Règlement de zonage 2008-250 en vue de faire passer le zonage des 9065 et 9245, chemin Marvelville de Zone agricole (AG1) à Zone agricole, sous-zone 8 (AG8) et à Zone agricole, sous-zone 5 (AG5), tel qu’illustré dans le document 1.
1. Deputy City Manager’s Report, Planning and Infrastructure Services dated 23 February 2012 (ACS2012-PAI-PGM-0065).
ZONING – 9065 and 9245 marvelville road
That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 9065 and 9245 Marvelville Road from Agricultural (AG1) to Agricultural, subzone 8 (AG8) and Agricultural, subzone 5 (AG5) as 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 2008-250 en vue de faire passer le zonage des 9065 et 9245, chemin Marvelville de Zone agricole (AG1) à Zone agricole, sous-zone 8 (AG8) et à Zone agricole, sous-zone 5 (AG5), tel qu’illustré dans le document 1.
The subject land is located on the north side of Marvelville Road east of Yorks Corners Road.
The severed parcel is known as 9113 Marvelville Road and the retained parcels will be known as 9065 and 9245 Marvelville Road. The site is an agricultural parcel, surrounded by agricultural uses to the north, south, east and west.
These parcels were the subject of a recent consent application. The exisitng dwelling is being severed as a surplus farm dwelling. The retained land will remain vacant and will contine to be used for agricultural purposes.
The Committee of Adjustment approved the consent application; however, the City appealed the decision to the Ontario Municipal Board. The City and the Purchaser reached a settlement proposing altered lot lines. The Minutes of Settlement include a condition to rezone the retained lands to prohibit future residential uses.
Purpose of Zoning Amendment
The land to be severed is known as 9113 Marvelville Road and will have a frontage of 131.8 metres and contain a lot area of 2.43 hectares and will contain a detached dwelling and several outbuildings.
The first portion of land to be retained will be known as 9065 Marvelville Road and will have frontage of 200 metres and contain a lot area of 5.53 hectares. The second portion to be retained will be known as 9245 Marvelville Road and will have broken frontage of 1,515 metres and contain a lot area of approximately 31.1 hectares.
The subject land is currently zoned Agricultural (AG). This zoning recognizes and permits agricultural uses on a minimum lot area of 30 hectares in areas designated Agricultural Resource Area in the Official Plan and restricts the range of permitted uses to agricultural, forestry and related uses in order to preserve prime agricultural lands from loss to other uses.
The requested zoning amendment proposes to rezone the retained parcel at 9065 Marvelville Road (farmland) from Agriculture (AG) to Agricultural, Subzone 8 (AG8). This zoning permits agricultural uses, but prohibits residential uses. This particular subzone represents agricultural lands with a minimum area of 10 hectares and a minimum frontage of 60 metres. The proposed zoning for the retained parcel at 9245 Marvelville Road is from AG to AG5. This particular subzone represents agricultural lands with a minimum area of 30 hectares and a minimum frontage of 60 metres.
According to the Official Plan, the subject land is designated Agricultural Resource Area. This designation protects prime agricultural areas from loss of lands 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 Agricultural Resource Areas that would see a new residence being constructed on the vacant farm property, the house being declared surplus and severed for a lot, and the pattern so continued.
The site is zoned Agricultural (AG). The AG zone permits a detached dwelling, agricultural use and several other uses. In order to ensure that the intent of the Official Plan policies is implemented in the Zoning By-law, it is recommended that the zoning of the retained land (9065 Marvelville Road) be changed from AG to Agricultural Subzone 8 (AG8), and from AG to AG5 (9245 Marvelville Road) as shown on Document 1. The AG8 zone will prohibit residential uses on a lot having a minimum area of 5 hectares and a minimum lot width of 60 metres. The AG5 zone will prohibit residential uses on a lot having a minimum area of 30 hectares and a minimum lot width of 60 metres. This rezoning for the retained land is considered appropriate since it will protect agricultural land from loss to other uses and the lot will continue to respect the minimum lot area and width requirements.
The retained land will be limited to agricultural uses. By restricting residential uses, major agricultural areas will be protected from fragmentation and competing uses. The effect of this rezoning will be to enhance the rural heritage and fortify the rural landscape.
The Ward Councillor is aware of this application and the staff recommendation.
Approving the rezoning will support Minutes of Settlement that will assist in concluding an outstanding appeal before the Ontario Municipal Board.
There are no accessibility impact implications associated with this report.
There are no direct technical implications associated with this report
There are no city strategic plan implications associated with this report.
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments.
Document 1 Location Map
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, 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.