Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
Submitted by/Soumis par : Ned Lathrop, Deputy City Manager/Directeur
municipal adjoint,
Planning and Growth Management / Urbanisme et Gestion de la croissance
Contact Person/Personne ressource : Grant Lindsay,
Manager / Gestionnaire
Development Approvals / Approbation des
demandes d'aménagement
(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca
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SUBJECT: |
ZONING - 5701 Brophy Drive and 4411
McCordick Road (D02-02-05-0006) |
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OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment
Committee recommend Council approve an amendment to the former Township of
Rideau Zoning By-Law to change the zoning of 5701 Brophy Drive from General Rural
(A2) to General Rural - special zone (A2 -55) and to change the zoning of 4411
McCordick Road from General Rural (A2) to General Rural - special zone (A2 -
**) as shown in Document 1 and detailed in Document 3.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil d’approuver une modification au Règlement
de zonage de l’ancien Canton de Rideau en vue de changer le zonage du 5701,
promenade Brophy de rural général (A2) à rural général – zone spéciale (A2-55),
et le zonage du 4411, chemin McCordick de rural général (A2) à rural général –
zone spéciale (A2- **), comme il est indiqué dans le document 1 et expliqué
dans le document 3.
BACKGROUND
The subject properties 5701 Brophy Drive and 4411
McCordick Road, are located on the south side of Brophy Drive and the east side of McCordick Road.
5701 Brophy Drive is approximately 35 ha in
area and is tillable cropland. The
parcel is vacant, the existing house and garage having been severed as surplus
by consent application (D08-01-04/B-00461).
The area is primarily agricultural in nature. The former Township of Rideau's Official Plan requires that farm
parcels remnant of severances of
surplus dwellings shall be rezoned to prohibit construction of a
dwelling thereon.
4411 McCordick Road is 1.56 ha in area and is tillable cropland. The applicants applied for and received
consent from the Committee of Adjustment to move the lot known as 5965 Brophy
Drive to the corner of Brophy Drive and McCordick Road
(D08-01-04/B-00462). As this lot is not
being created as a retirement lot, or a lot to sever a dwelling made surplus by
farm consolidation, the former Township of Rideau Zoning By-law requires a minimum lot area of 35 ha and a minimum
lot frontage of 150 metres.
The purpose of this Zoning By-law application
is to recognize the creation of an undersized parcel in the agricultural
designation. The by-law will recognize
the lot area and lot frontage upon finalization of the consent as the minimum
lot area and the minimum lot frontage.
DISCUSSION
5701 Brophy Drive
The application for consent was made to sever a surplus farm
dwelling. The policies permit severance
of a new lot on which is located a dwelling made surplus through farm
consolidation. Where an application to
sever a surplus dwelling is made the City will require the vacant agricultural parcel that is
created to be rezoned to prohibit any residential use.
The City Council approved Official Plan designates the subject site as
"Agricultural Resource."
The subject site is designated as “Agricultural Resource” within the
Region of Ottawa-Carleton Official Plan.
Surplus farm dwelling severances are permitted in this designation. The former Township of Rideau Official Plan
designates the subject site as “Agricultural Resource”. The policies permit a farmer who enlarges
his/her farm holding by acquiring an additional farm to sever a parcel of land
upon which a farm house is made surplus through farm consolidation. However, if the farm holding is not
contiguous to the farmer's existing farm, the residual of the new farm holding
will be rezoned to prohibit the construction of a new residence.
The property is zoned A2 (General Rural) and permits the severance of a
dwelling made surplus by farm consolidation, provided the remnant parcel is
rezoned to prohibit construction of a residence.
The rezoning is considered appropriate as it implements the Official
Plan policies with respect to rezoning the remnant parcel.
Although the Committee of Adjustment did not require the rezoning of the
remnant farm parcel as a condition of consent, the applicant has filed the
rezoning request to address a City appeal of the Committee of Adjustment
decision. Staff has agreed to withdraw
the appeal filed against the severance pending finalization of the zoning
process.
4411 McCordick Road
The application for consent was made to move an existing vacant lot
known as 5965 Brophy Drive, created in 1967, to the corner of McCordick Road
and Brophy Drive to achieve a more uniformly shaped farm parcel.
The old lot is to be eliminated and replaced with a “new” lot – “new” because it is of a different
configuration in another location. Any
“new” lot created is required to meet today’s zoning requirements - 35 ha and
150 metres minimum frontage. As this lot is not a farm related severance, the
reduced lot areas provided in the by-law for farm related severances do not
apply. The Committee of Adjustment, as a condition of approval for the consent,
requires that this lot be rezoned.
There are no policies under the Agricultural Resource designation to
permit creation of a new undersized farm lot at the corner of Brophy Drive and
McCordick Road. Justification to
support the application is on the basis that:
1. no “additional” lot is
being created (replaces 5965 Brophy);
2. it eliminates the creation of an additional undersized farm parcel created due to the location and lot configuration of the surplus farm house lot; and
3. the end result will be a
more viable and regularly configured remnant farm parcel.
For the reasons noted above, staff see the benefits to moving the old
lot, subject to the conditions staff included in the Committee of Adjustment
comments (requirement for rezoning).
The rezoning application maintains the intent of the respective Official
Plan policies. The creation of the replacement lot, while undersized from the
existing zoning standard, does not contribute to any further rural lot
intensification than what is currently permitted by the Official Plan policies.
CONSULTATION
Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. Information signs were posted on-site indicating the nature of the application. 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.
FINANCIAL IMPLICATIONS
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 Explanatory Note
Document 3 Details of
Recommended Zoning
DISPOSITION
Department of Corporate Services, Secretariat
Services to notify the owner (Schouten Cornerview Farms Ltd. 6105 Malakoff
Road., Richmond, Ontario. K0A 2Z0), , All Signs, 8692 Russell Road, Navan,
ON K4B 1J1, and the Program Manager,
Assessment, Department of Corporate Services of City Council’s decision.
Planning and Growth Management Department to prepare the implementing
by-law, forward to Legal Services Branch and undertake the statutory
notification.
Department of Corporate Services, Legal Services Branch to forward the
implementing by-law to City Council.
LOCATION MAP Document
1
EXPLANATORY NOTE Document
2
By-law Number
2005- ** amends Zoning By-law 2004-428 of the former Rideau Township. The
amendment affects the property at 5701 Brophy Drive and 4411 McCordick Road,
which are located on the south side of Brophy Drive and east side of McCordick
Road, as shown on the attached Location Map.
The purpose
and effect of the application is twofold.
To rezone , as a result of applications for consent:
1. 5701
Brophy Drive, from "A2"
(General Rural) to "A2-55 " (General Rural - special zone 55) to prohibit the construction of a new dwelling
on lands remnant of an application for surplus dwelling ( D08-01-04/B-00461);
and
2. 4411
McCordick Road from "A2" (General Rural) to "A2-**"
(General Rural - special zone ) to
recognize the minimum lot area and minimum lot frontage upon finalization of a
consent application to move an existing lot from 5965 Brophy Drive to the
corner of Brophy Drive and McCordick Road.(D08-01-05/B-00462)
For further
information, please contact Terry MacHardy at 580-2424 ext.28318
DETAILS OF RECOMMENDED ZONING Document
3
1.
The property at
5701 Brophy Drive (Part of Lot 1, Concession 4, less Parts 1, 2, and 3
Registered Plan 4R-20056) is rezoned from A2, General Rural to A2-55, General
Rural – special zone 55 to prohibit residential uses.
2.
The property at
4411 McCordick Road is rezoned from A2, General Rural to A2-**, General Rural-
special zone with the following specific provisions:
a) Minimum lot area – 1.56 ha
b) Minimum lot frontage – 105.89 m