AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT JUNE COMITÉ DE L AGRICULTURE ET DES AFFAIRES RURALES RAPPORT 20 LE 13 JUIN 2012

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1 23 COMITÉ DE L AGRICULTURE ET 3. ZONING AND 6021 BROWNLEE ROAD ZONAGE 6007 ET 6021, CHEMIN BROWNLEE COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law to change the zoning of 6007 and 6021 Brownlee Road from AG (Agricultural) to AG5 (Agricultural, subzone 5) and AG [XXXr] (Agricultural, subzone with an Exception) as shown in Document 1 and as detailed in Document 2. RECOMMANDATION DU COMITÉ Que le Conseil approuve une modification du Règlement de zonage qui aurait pour effet de faire passer le zonage des 6007 et 6021 du chemin Brownlee de AG (Zone agricole) à AG5 (Zone agricole, sous-zone 5) et à AG[XXXr] (Zone agricole, sous-zone avec exception), tel que le montre le document 1 et que le décrit en détail le document 2. DOCUMENTATION 1. Deputy City Manager's report, Planning and Infrastructure, dated 1 May 2012 (ACS2012-PAI-PGM-0119).

2 24 COMITÉ DE L AGRICULTURE ET Report to/rapport au : Agriculture and Rural Affairs Committee Comité de l'agriculture et des affaires rurales and Council / et au Conseil May 1, mai 2012 Submitted by/soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Infrastructure Services and Community Sustainability/Services d infrastructure et Viabilité des collectivités Contact Person / Personne ressource: Derrick Moodie, Manager/Gestionnaire, Development Review-Rural Services/Examen des projets d'aménagement-services ruraux, Planning and Growth Management/Urbanisme et Gestion de la croissance (613) , Derrick.Moodie@ottawa.ca Rideau Goulbourn (21) Ref N : ACS2012-PAI-PGM-0119 SUBJECT: ZONING AND 6021 BROWNLEE ROAD OBJET : ZONAGE 6007 ET 6021, CHEMIN BROWNLEE REPORT RECOMMENDATION That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to Zoning By-law to change the zoning of 6007 and 6021 Brownlee Road from AG (Agricultural) to AG5 (Agricultural, subzone 5) and AG [XXXr] (Agricultural, subzone with an Exception) as shown in Document 1 and as detailed in Document 2. RECOMMANDATION DU RAPPORT Que le Comité de l'agriculture et des affaires rurales recommande au Conseil d'approuver une modification du Règlement de zonage qui aurait pour effet de faire passer le zonage des 6007 et 6021 du chemin Brownlee de AG (Zone agricole) à AG5 (Zone agricole, sous-zone 5) et à AG[XXXr] (Zone agricole, sous-

3 25 COMITÉ DE L AGRICULTURE ET zone avec exception), tel que le montre le document 1 et que le décrit en détail le document 2. BACKGROUND The subject land is located on the north side of Brownlee Road east of Huntley Road. The subject site is addressed as 6007 (severed portion) and 6021 (retained portion) Brownlee Road. The site is an agricultural parcel, surrounded by agricultural uses to the north, south, east and west, as well as residential uses. Purpose of Zoning Amendment The proposal is to rezone the subject land to meet a condition of consent imposed by the Committee of Adjustment (Application No. D /B-00449). The rezoning would prohibit residential uses on the retained land and recognize an agriculturally related business and silo as structures accessory to the residence on the severed land. The land to be severed is known as 6021 Brownlee Road and will have a frontage of 83 metres and contain a lot area of 2.4 hectares. It will contain a detached dwelling, barn, shed and a silo. The land to be retained is known as 6007 Brownlee Road and will have a frontage of 147 metres on Brownlee Road and contain a lot area of approximately 39 hectares. Existing Zoning The subject land is currently zoned Agricultural (AG). This zoning recognizes and permits agricultural uses on a minimum lot area of 36 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. Proposed Zoning The requested zoning amendment proposes to rezone the retained parcel (farmland) from AG to Agricultural Subzone 5 (AG5). This zoning permits agricultural uses, but prohibits residential uses. This particular subzone represents agricultural lands with a minimum area of 30 hectares and a minimum frontage of 60 metres. The requested zoning amendment also proposes to rezone the severed parcel from AG to AG[XXXr], in order to permit a dwelling, existing outbuildings, an agricultural related business and an accessory structure (silo) with a height of 18 metres.

4 26 COMITÉ DE L AGRICULTURE ET An exception has been proposed for this parcel for the non-residential buildings to house agriculture-related products, defined to include agricultural produce, such as the storage of grain. DISCUSSION Official Plan 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. Zoning By-law 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 a portion of the subject land (retained farmland) be changed from AG to Agricultural Subzone 5 (AG5), as shown on Document 1. 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 rezoning for the severed land from AG to AG[XXXr] is also appropriate because the existing farm related outbuildings are too large in scale to be considered accessory to the detached dwelling, nor do some buildings meet the definition of accessory use. Rezoning the severed parcel to classify these farm related outbuildings as accessory uses to the detached dwelling and to permit an agricultural related business will bring the existing farm related outbuildings into immediate conformity with the Zoning By-law and present an opportunity for their productive use in the future. RURAL IMPLICATIONS The retained land will be limited to agricultural uses. By restricting residential uses, major agricultural areas will be protected from fragmentation and competing uses.

5 27 COMITÉ DE L AGRICULTURE ET The effect of this rezoning will be to enhance the rural heritage and fortify the rural landscape. CONSULTATION Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The City did not receive any opposition to this application. COMMENTS BY THE WARD COUNCILLOR(S) The Ward Councillor is aware of this application and the staff recommendation. LEGAL IMPLICATIONS There are no legal implications associated with this report. RISK MANAGEMENT IMPLICATIONS There are no risk management implications association with the recommendation in this report. FINANCIAL IMPLICATIONS There are no financial implications associated with this report. ACCESSIBILITY IMPACTS There are no accessibility implications associated with this report. ENVIRONMENTAL IMPLICATIONS There are no environment implications associated with this report. TECHNOLOGY IMPLICATIONS There are no technology implications associated with this report. TERM OF COUNCIL PRIORITIES The Zoning By-law amendment will ensure that the land remain agricultural and not be lost to other uses. SUPPORTING DOCUMENTATION Document 1 Location Map Document 2 Details of Recommended Zoning

6 28 COMITÉ DE L AGRICULTURE ET DISPOSITION 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.

7 29 COMITÉ DE L AGRICULTURE ET LOCATION MAP DOCUMENT 1

8 30 COMITÉ DE L AGRICULTURE ET DETAILS OF RECOMMENDED ZONING DOCUMENT 2 1. Rezone the subject lands as follows: a. Area A from AG to AG5; and, b. Area B from AG to AG[XXXr]. 2. Add a new exception, AG[XXXr], to Section 240 Rural Exceptions with provisions similar in effect to the following: a. In column II the text AG[XXXr] ; and, b. In column III the text - warehouse c. In column V the text: - despite, any provisions for lot coverage or maximum permitted size for accessory structures, the existing non-residential buildings are permitted - no new accessory buildings or structures are permitted unless the cumulative size of all accessory buildings and structures and the size of the existing non-residential buildings comply with the total maximum permitted size under Table 55, - warehouse use is limited to agricultural produce exclusive of livestock within the existing non-residential buildings - the maximum building height for existing non-residential buildings is the height of the building on June 13, 2012