Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

09 September 2005 / 09 septembre 2005

 

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

 

Rideau (21)

Ref N°: ACS2005-PGM-APR-0215

 

 

SUBJECT:

ZONING - 4015 Donnelly Drive (D02-02-05-0083)

 

 

OBJET :

ZONAGE - 4015, promenade donnelly (d02-02-05-0083)

 

 

REPORT RECOMMENDATION

[U1] 

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 4015 Donnelly Drive from A2 (General Rural) to A2-55 (General Rural - special exception 55) as shown in Document 1 as 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 modifier le zonage du 4015, promenade Donnelly de A2 (rural général) à A2-55 (rural général – exception spéciale 55), comme il est indiqué dans le document 1 et expliqué dans le document 3.

 

 

BACKGROUND

[U2] 

The site, 4015 Donnelly Drive, is located on the north side of Donnelly Drive, west of Weedmark and east of Dwyer Hill Road.  The lands to be rezoned are currently vacant, and encompass lands in Lot 20, being south of the unopened road allowance between Concession 1 and the Broken Front Concession to Donnelly Drive.  The site is currently zoned A2 (General Rural) under the former Township of Rideau Zoning By-law. The parcel to be rezoned is approximately 7.6 ha in area.

 

The Zoning By-law amendment is pursuant to a severance application to sever a 6 ha parcel for the purpose of disposing of a surplus dwelling and associated out buildings.  The application for rezoning has been filed to fulfill the Committee of Adjustment condition for consent.

 

An unopened, unmaintained, road allowance running between Concession 1 and the Broken Front divides the retained lands in two (see Document 1).  The unopened road allowance is owned by the City, constitutes an intervening ownership, and a natural severance. Staff is not aware of any application to stop up and convey the unopened road allowance.

 

 

DISCUSSION

 

City Council Approved Official Plan

 

The subject site is designated as “General Rural” within the City Council Approved Official Plan.  Farm-related severances are not permitted in the General Rural Area.

 

Notwithstanding the City Council Approved Official Plan, the Committee of Adjustment heard the application under the former Regional and Local (Rideau) Official Plan policies and granted conditional consent for a farm-related parcel.

 

The subject site is designated as "General Rural" within the former Region of Ottawa-Carleton Official Plan.  The General Rural policies permit farm related severances and uses in the General Rural designation.  The General Rural policies of the former Regional Official Plan also permit creation of country estate lots.  The subject site is designated as “Agricultural Resource” in the former Township of Rideau Official Plan. 

 

Section 5.2.4.3 in the Rideau Official Plan permits a farmer who enlarges his/her farm holding by acquiring an additional farm may sever a parcel of land upon which a farmhouse is made surplus through farm consolidation. 

 

Details of Proposed Zoning

 

The site is subject to the development requirements of the Zoning By-law of the former Township of Rideau.  The property is zoned A2 (General Rural).

 

The applicant has submitted an application for Zoning By-law amendment to rezone the subject lands from A2 (General Rural) to A2-55 (General Rural –special exception 55) to prohibit construction of a dwelling on the lands.  The rezoning is required to fulfil conditions of consent, as well to implement the policies of the former Rideau Official Plan and 2005 Provincial Policy Statement, which require that when a farmer purchases additional lands to consolidate with an existing farm operation, and severs a parcel of land on which is located a dwelling deemed surplus to the farmer's needs, that the remnant parcel shall be rezoned to prohibit the construction of a new residence thereon.

 

 

RURAL IMPLICATIONS

[U3] 

The rezoning supports and protects the agricultural use of the lands in accordance with the policies of the former Regional and former Rideau Official Plan direction.

 

 

CONSULTATION

[U4] 

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.

 

 

[U5] 

FINANCIAL IMPLICATIONS

 

N/A

 

 

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

[U6] 

Document 1      Location Map

Document 2      Explanatory Note

Document 3      Details of Recommended Zoning

 

 

DISPOSITION

 

Corporate Services Department, Secretariat Services to notify the owner A. & A. Schouten C/O Adrian Schouten, R. R. #3, Richmond, Ontario. K0A 2Z0, Signs.ca, 866 Campbell Avenue, Ottawa, ON, K2A 2C5 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.

 

Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council.

 


Document 1

 

LOCATION MAP

                                                                                                                                                          


Document 2

 

EXPLANATORY NOTE                                                                                                                

 

  EXPLANATORY NOTE TO BY-LAW - **    [U7] 

 

By-law Number  2005-**     amends Zoning By-law  428 of 2004  of the former  Township of  Rideau[U8] .  The amendment affects the property at 4015 Donnelly Drive[U9] , which is located on the  north side of Donnelly Drive, west of Weedmark and east of Dwyer Hill. The lands are legally described as Lot 20, Broken Front Concession[U10] [U11] , as shown on the attached Location Map.

 

The application is to rezone the subject property to rezone the subject lands from “A2 ” (General Rural [U12] [U13] to "A2-55" (General Rural -special zone 55)[U14] .  [U15]  The proposed zoning prohibits residential use of the lands. [U16] 

 

For further information, please contact Terry MacHardy[U17]  at 580-2424 ext. 16390[U18] .

[U19] [U20] [U21] [U22] [U23] [U24] [U25] [U26] 

 


Document 3

 

DETAILS OF RECOMMENDED ZONING                                                                               

 

The property at 4015 Donnelly Drive (Lot 20, Broken Front Concession, in the former Township of Rideau) is rezoned from A2 to A2-55 to prohibit future residential uses.   

 


 [U1]For applications that do not require a map

 [U2]Should include general background, purpose of zoning, amendment, existing zoning and proposed zoning , headings are optional.

 [U3]Summarize the implications and end with…The impact of the rezoning application is viewed as negligible or provide comments.  If recommendation is for refusal, tie this back into planning rationale.

 

 [U4]If there are no objections…

 [U5]If there are objections or significant comment…

 [U6]Include the documents that are applicable to this report

 

Page: 1
 [U7]Legislation Clerk insert by-law number

Page: 1
 [U8]Indicate name of former City

Page: 1
 [U9]Insert civic address

Page: 1
 [U10]Insert address; Insert description of location (ie. S side of Street A, E of Street B)

Page: 1
 [U11]Provide location description, e.g. North side of

Page: 1
 [U12]Use full name of zone, e.g. Residential, Single Dwelling.

Page: 1
 [U13]Indicate new zone-abbreviated, e.g. Rc1.

Page: 1
 [U14]Use full name of zone, e.g. Residential, Street Row Dwelling.

Page: 1
 [U15]Give description of use.

Page: 1
 [U16]Indicate rationale, in keeping with area, etc.

Page: 1
 [U17]Enter Planner’s name.

Page: 1
 [U18]Enter Planner’s extension number.

Page: 1
 [U19]Indicate current zone – abbreviated, e.g. Rs1.

Page: 1
 [U20]Use full name of zone, e.g. Residential, Single Dwelling.

Page: 1
 [U21]Indicate new zone-abbreviated, e.g. Rc1.

Page: 1
 [U22]Use full name of zone, e.g. Residential, Street Row Dwelling.

Page: 1
 [U23]Give description of use.

Page: 1
 [U24]Indicate rationale, in keeping with area, etc.

Page: 1
 [U25]Enter French contact’s name.

Page: 1
 [U26]Enter French contact’s extension number.