8.             AGRICULTURAL RESOURCE AREA AND RURAL HOUSEKEEPING OFFICIAL PLAN AMENDMENT

 

zones de ressources agricoles et modification du plan officiel – changements d’ordre administratif touchant le secteur rural

 

 

committee recommendation

 

That Council approve City of Ottawa Official Plan Amendment ___ to bring the Agricultural Resource Area policies into conformity with the Provincial Policy Statement and to make some housekeeping changes in the rural area, as described in Document 1.

 

RECOMMENDATION DU COMITÉ

 

Que le Conseil approuve la modification ___ du Plan officiel de la Ville d'Ottawa afin que les politiques sur les zones de ressources agricoles soient conformes à la Déclaration de principes provinciale et que certains changements d'ordre administratif soient apportés dans le secteur rural, comme il est expliqué dans le document 1.

 

 

 

 

 

 

 

 

DocumentatioN

 

1.                  Deputy City Manager's report Planning, Transit and the Environment dated 08 November 2007 (ACS2007-PTE-POL-0072).

 

2.      Extract of draft Minutes, 22 November 2007.

 

 

Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

 

and Council / et au Conseil

 

8 November 2007 / le 8 novembre 2007

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directeur municipal adjoint,

Planning and Growth Management/Urbanisme et Gestion de la croissance 

 

Contact Person/Personne-ressource : Richard Kilstrom, Manager/Gestionnaire, Community Planning and Design/Aménagement et conception communautaire, Planning Branch/Direction de l’urbanisme

(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

 

 

Ref N°: ACS2007-PTE-POL-0072

 

 

SUBJECT:

AGRICULTURAL RESOURCE AREA AND RURAL HOUSEKEEPING OFFICIAL PLAN AMENDMENT

 

 

OBJET :

zone de ressources agricoles et modification du plan officiel – changements d'ordre administratif touchant le secteur rural

 

 

REPORT RECOMMENDATION

 

That Agriculture and Rural Affairs Committee recommend that Council approve City of Ottawa Official Plan Amendment ___ to bring the Agricultural Resource Area policies into conformity with the Provincial Policy Statement and to make some housekeeping changes in the rural area, as described in Document 1.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l'agriculture et des affaires rurales recommande au Conseil d'approuver la modification ___ du Plan officiel de la Ville d'Ottawa afin que les politiques sur les zones de ressources agricoles soient conformes à la Déclaration de principes provinciale et que certains changements d'ordre administratif soient apportés dans le secteur rural, comme il est expliqué dans le document 1.

 

BACKGROUND

 

The proposed changes in this amendment apply specifically to the rural policies of the Official Plan.

 

The purpose of this amendment is to:

 

·        implement changes initiated at the Rural Summit

·        increase the consistency of the Official Plan’s agricultural policies with the Provincial Policy Statement, 2005 (PPS)

·        make some mapping corrections and other housekeeping changes in the rural area.

 

This amendment will be processed in advance of the 2008 Official Plan Review.  It is important to move forward with the amendment primarily because the Agricultural Resource Area policies are badly out of step with the PPS and confusing for residents and staff.  This amendment does not preclude additional changes to the policies proposed as a consequence of the review of the rural settlement strategy.

 

DISCUSSION

 

CHANGES ARISING FROM CIRCULATION

 

This proposed amendment differs from what was circulated and posted on the City’s website in four ways.  These changes all arise from input provided through circulation.

 

Better definition of “normal farm practice”:  It was proposed that the amendment add that none of the policies of the Official Plan are intended or may be applied to restrict a normal farm practice carried on as a part of an agricultural operation [on lands designated Agricultural Resource Area or General Rural Area].  Some concern has arisen that a definition of “normal farm practice” is required in order for this policy to be properly understood. 

 

This proposed policy is intended to reflect the provisions of the Farming and Food Production Protection Act, which is designed to “conserve, protect and encourage the development and improvement of agricultural lands…” The Act defines “normal farm practice” and provides for the establishment of a Board to hear disputes regarding a farm operation.  These may be disputes by a person affected by a disturbance from an agricultural operation or applications by a farmer who is directly affected by a municipal by-law that restricts his/her normal farm practice.  The policy does not need to be in the City’s Official Plan as the legislation applies regardless.  However, it is being included to reinforce support for the agricultural community. 

 

It is difficult to extract the definition of “normal farm practice” without also including all the subsidiary definitions such as “agricultural operation”, “farmer” etc.  So, for the purposes of this policy, it is better to make specific reference to the Act itself:  “none of the policies of the Official Plan are intended or may be applied to restrict a normal farm practice carried on as a part of an agricultural operation [on lands designated Agricultural Resource Area or General Rural Area] consistent with the provisions of the Farming and Food Production Protection Act, as amended from time to time.”

 

Add policy to minimize lot size for severance of surplus dwellings created through farm consolidation:  The amendment proposes to delete most permissions for severances in Agricultural Resource Areas.  As a consequence, some general policies on severances have been deleted (see existing policy 9 in Section 3.7.3).  Currently that general policy requires that the lot size created through a lot severance be 0.4 hectares, the purpose being to minimize the loss of farmland.  Since severances are still permitted for surplus dwellings arising from farm consolidation, it is proposed that Section 14 be amended to add a variation of this policy back in and require that the lot created by severance be “of a size to minimize the amount of farmland lost.”

 

Clarify wording of Section 4.8.6, Section 3, Mine Hazards:  It was proposed that the amendment provide direction for an abandoned mine to be rehabilitated or the safety hazard mitigated prior to development. Currently the Official Plan says “and.”  An abandoned mine is not licensed under the Aggregate Resources Act (i.e. predates it) and therefore without a rehabilitation plan.  During the circulation of the amendment it became clear that this section of the Plan has some contradictions in its current wording and the lack of definition of rehabilitation causes some problems with interpretation.  It is not necessary to use the word at all.  It is proposed that Section 4.8.6 be amended to make it clear that the intent is to mitigate the hazard.  In various places in that section the statement will be made that “development on or abutting lands affected by mine hazards may be permitted only if measures to address and mitigate known or suspected hazards are underway or have been completed”. 

 

Remove proposed policy in Section 5 to permit housekeeping amendments:  It was proposed that this amendment allow staff to make minor housekeeping changes to the Official Plan, based on criteria, without going through the amendment process.  This has been removed from the proposed amendment because it applies to both the urban and the rural area whereas the advertisement stated that the proposed amendment was only rural.  This matter will be addressed as part of the Official Plan Review.

 

COMMENTS THAT WERE NOT INCORPORATED INTO THE AMENDMENT

 

Torbolton Ridge Road and Ridgetop Road, former West Carleton:  This area is shown on Schedule 3 of the Amendment.  In the Official Plan, these lands are designated Agricultural Resource Area.  In the former Regional Official Plan (ROP), these lands were shown as Agricultural Resource Area since the ROP generally used lot lines as boundaries in agricultural designations.  In the former West Carleton Official Plan, these lands were shown as Marginal Resource Area since that plan followed the natural boundary created by a ridge of land.  In drafting the new Official Plan, where two designations differed, it was the practice to propose the more precise one.  When the new Zoning By-law was being prepared, this error was identified and the intent is to return this strip of land to a non-agricultural designation.  In this case, Rural Natural Feature reflects the treed nature of the land and the designation on the other side of the road for similar land.

 

This proposal has elicited a few responses in person and by phone but only three in writing.  One is opposed to the change because it will open up the area to development that is not wanted by the residents. The former Township of West Carleton only allowed two severances per farm and the City of Ottawa policy allows for an additional one. Another response simply states support for the proposed amendment and one asked for clarification on how this affects his ability to build a house.

 

Staff propose to continue to recommend the change because it is consistent with the decision rules applied to the new Official Plan at the time of amalgamation.  With regard to opening the area up to development, the designation permits consideration of a severance of 0.8 hectares provided that the retained parcel is at least ten hectares.  Only eight of the 42 parcels affected by this proposal would meet the size requirements to be considered for a severance.  The land within the designation is insufficient for subdivision development.  Therefore, it is unlikely that the overall development will be large. 

 

DESCRIPTION OF PROPOSED CHANGES TO THE OFFICIAL PLAN

 

The changes described below are detailed in Document 1.  These recommended changes are grouped in accordance with the reason for the change: Clarification, Correction, Update, Provincial Policy Statement, or Rural Summit.

 

CLARIFICATION

 

Section 4.6.3                            River Corridors           

The proposed amendment recommends changes to Section 4.6.3 to ensure that the lot creation policies in the River Corridor are the same as those expressed for the General Rural Area.

 

Schedule A                               Rural Policy Plan         

The proposed amendment includes a recommendation that additional road names be identified on Schedule A to increase the ease of use of the map.  Those road names identified on Schedule G: Rural Road Network will be added to Schedule A.

 

CORRECTION

 

Section 4.8.6, policy 3              Mine Hazards and Abandoned Pits and Quarries          

The proposed amendment includes a correction to indicate that the City will require measures to mitigate safety hazards be underway before any planning approval is granted.

 

Schedule A                               Rural Policy Plan         

The proposed amendment includes a recommendation to change the boundary of the MacSkimming Outdoor Education Centre to reflect its actual shape.  This will require re-designating a portion of land from Major Open Space to General Rural Area (see Schedule 1).

 

Schedule A                               Rural Policy Plan         

The proposed amendment includes a recommendation to re-designate a portion of land at the southwest corner of the Ottawa-Carleton Raceway site from Sand and Gravel Resource Area to General Rural Area. It is currently zoned as raceway (See Schedule 2).

 

Schedule A                               Rural Policy Plan

The proposed amendment includes a recommendation to correct the land use designation on Torbolton Ridge Road and Ridgetop Road in the former West Carleton from Agricultural Resource Area to Rural Natural Features Area.  The land was not designated Agricultural Resource Area in the former West Carleton Plan and is not of agricultural quality (see Schedule 3).

 

Schedule B                               Urban Policy Plan

The proposed amendment includes a recommendation to re-designate a portion of land at Eagleson Road and Highway 417 from Greenbelt Employment and Institutional Area to Agricultural Resource Area.   The current designation implies that something could be develop at this location but the intent is simply to recognize the park and ride facility.  Since the Park and Ride facility is permitted in any designation, it is proposed to change the designation to Agricultural Resource Area like the surrounding lands (see Schedule 4).

 

UPDATE

 

Section 3.7.2, policy 8(g)          General Rural Area      

The proposed amendment includes a revision to policy 8(g) in Section 3.7.2 to be consistent with the separation distances included in Section 3.7.4, which were amended by the Minister of Municipal Affairs and Housing through a Ministerial Modification.

 

Schedule A                               Rural Policy Plan

The proposed amendment includes a recommendation to update the Sand and Gravel Resource Area designation where the resource has been depleted on Lots 22 and 23, Concession III, in the former City of Gloucester, near Albion Road.  This will require the re-designation of a portion of Sand and Gravel Resource Area to General Rural Area (see Schedule 5).

 

Schedule A                               Rural Policy Plan

The proposed amendment includes a recommendation to update the Sand and Gravel Resource Area designation where the resource has been depleted on Lots 12 and 13, Concession VIII, in the former Township of Huntley (West Carleton), near Howie Road.  This will require the re-designation of a portion of Sand and Gravel Resource Area to General Rural Area (see Schedule 6).

 

Cumberland Secondary Plan Designations

The proposed amendment includes a recommendation to remove the designation “Natural Environmental Area (A)”, and the re-designation of the lands subject to that designation as “Environmental Feature”.  Other associated changes, to the Index and Schedule titles will also be required. This is because the designation has a different meaning in Volume 1 of the Official Plan.  It does not result in any changes to the actual policy.

 

PROVINCIAL POLICY STATEMENT

 

In order to make these changes to the Agricultural Resource Area policies more clear, Document 3 presents the policies as they would read if the Amendment is approved.

 

Section 3.7.3, policy 3              Agricultural Resources

The proposed amendment recommends changing the text of policy 3 to permit temporary accommodation for farm help, in a manner consistent with the Provincial Policy Statement.

 

Section 3.7.3, policy 9              Agricultural Resources

The proposed amendment recommends the deletion of policy 9 with regard to Farm-Related Severances to be consistent with the Provincial Policy Statement.

 

Section 3.7.3, policies 10-11    Agricultural Resources 

The proposed amendment recommends the deletion of policies 10 and 11 to be consistent with the Provincial Policy Statement that does not allow Farm Retirement Lots.

 

Section 3.7.3, policy 12            Agricultural Resources

The proposed amendment will revise policy 12 to clarify that the City will permit lot adjustments in Agricultural Resource Areas for legal or technical reasons, and will define what qualifies as a legal or technical reason.  The policy will be clear that minor boundary adjustments may occur between farms, between a farm and a non-farm lot, or between two non-farm lots.

 

Section 3.7.3, policy 14b          Agricultural Resources             

The proposed amendment recommends that the policy regarding the severance of surplus farm dwellings be amended to delete any reference to allowing a subsequent rezoning to permit a dwelling on the retained agricultural land, but to permit temporary accommodations for farm help, as needed.  This is required to be consistent with the Provincial Policy Statement.

 

Section 3.7.3, policy 14c          Agricultural Resources

The proposed amendment recommends that an additional policy be added to recommend that the severance be of a size to minimize the amount of farmland lost.

 

Section 3.7.3, policy 15            Agricultural Resources

The proposed amendment recommends the deletion of policy 15 regarding the severance of two dwellings on a lot to be consistent with the Provincial Policy Statement.

 

Section 3.7.3, policy 15            Agricultural Resources

The proposed amendment recommends the addition of a new policy 15 to permit the location of temporary accommodations for farm help to be located on lands retained following a severance as a result of a farm consolidation.

 

Section 3.7.3, policy 16(g)        Agricultural Resources

The proposed amendment recommends the deletion of policy 16(g), and the addition of a policy requiring the new lot to be limited to a minimum size needed to accommodate the small scale industrial or commercial uses directly related to agriculture that are permitted in areas of poor soils within the Agricultural Resource Area designation.

 

Section 3.7.3, policy 18            Agricultural Resources

The proposed amendment recommends that policy 18, which speaks to infill in areas of cluster housing, be deleted to be consistent with the Provincial Policy Statement.  It is recommended that this policy be replaced by a new policy 18 to permit limited infill in Hamlets established by the Zoning By-law. 

 

Section 5.3, policy 3                             Other Implementation Policies

The proposed amendment recommends that policy 3, which speaks to the severance of lots that contained two residential dwellings prior to the adoption of the 2003 Official Plan be amended to exclude properties designated Agricultural Resource.

 

RURAL SUMMIT

 

Section 3.7.3                            Agricultural Resources

It is proposed that the third paragraph of this section be amended to replace the phrase “intensive livestock operation” with the phrase “agricultural operation”. 

 

Section 3.7.3                            Agricultural Resources

It is further proposed that an additional policy be added to note that none of the policies of the Official Plan are intended or may be applied to restrict a normal farm practice carried on as a part of an agricultural operation on lands designated Agricultural Resource Area.  This is to be consistent with the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1.

 

Section 3.7.2                            General Rural Area

Since farming operations also exist in the General Rural Area designation, it is proposed that the same policy be in this Section of the plan:  to note that none of the policies of the Official Plan are intended or may be applied to restrict a normal farm practice carried on as a part of an agricultural operation on lands designated Agricultural Resource Area.  This is to be consistent with the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1.

 

The majority of the changes proposed above are recommended to fully bring the Official Plan into conformity with the Provincial Policy Statement.  Of the remaining changes, most are needed corrections or updates.  All of the proposed changes, and their implementing Official Plan Amendment, are supported by staff.

 

RURAL IMPLICATIONS

 

The amendment only impacts rural policies in the Official Plan.

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy.  All of the rural Councillors are aware of this proposal. 

 

A preliminary discussion with representatives of the Agricultural Community was held on April 2, 2007 to discuss the need for amendments to the agricultural policies.

 

A community heads up was issued, via e-mail.  The heads up was sent to all registered Community Associations within the rural area and to all rural Councillors.  It was also sent to all individuals on the Department’s rural contact list (some by post).

 

The Public and Technical Circulation of the proposed amendment occurred between September 24, 2007 and October 22, 2007.

 

An advertisement was placed in the daily newspapers advising the public of the proposed amendment, indicating that the circulation was also posted in English and in French on the City’s website and informing the public of an information meeting scheduled for October 9, 2007.

All of the comments received are responded to in the ‘Discussion’ above.

 

FINANCIAL IMPLICATIONS

 

N/A

 

SUPPORTING DOCUMENTATION

 

Document 1      Proposed Official Plan Amendment ___ - Agricultural Resource Area and Rural Housekeeping

Document 2      Agricultural Resource Area Policies - text as it will appear if the Amendment is approved.

 

DISPOSITION

 

Planning, Transit and the Environment Department staff to prepare a by-law adopting the City of Ottawa Official Plan Amendment _, forward the by-law to Legal Services Branch and undertake the statutory notification when all relevant official plan amendments have been adopted by City Council.

 


PROPOSED OFFICIAL PLAN AMENDMENT – AGRICULTURAL

RESOURCE AREA AND RURAL HOUSKEEPING                                           DOCUMENT 1

 

 

 

 

 

 

 

 

 

Official Plan Amendment _ Modifications du Plan directeur_

 

To the Official Plan of the City of Ottawa

 

 

 

 

 

 

 

 

 

 

 

Land use

Utilisation du sol



Official Plan Amendment _ to the City of Ottawa Official Plan

________________________________________________________________________

 

INDEX

________________________________________________________________________

 

The Statement of Components

 

PART A - THE PREAMBLE

Purpose

Location

Basis

 

PART B- THE AMENDMENT

Introductory Statement

Details of the Amendment

Implementation and Interpretation

Schedules “1” to “6”

 

 

 

THE STATEMENT OF COMPONENTS

 

PART A - THE PREAMBLE, introduces the actual Amendment but does not constitute part of Amendment No. _ to the City of Ottawa Official Plan.

 

PART B - THE AMENDMENT, consisting of the following text and the attached maps designated as Schedules “1” through “6” to Official Plan Amendment No. __, constitutes Amendment No. _ to the City of Ottawa Official Plan.

 

 

 

 

 

 


 

PART A - THE PREAMBLE

 

Purpose

 

The purpose of Amendment _ is:

 

Location

 

This Official Plan Amendment applies to the rural portion of the City of Ottawa, as shown on Schedule A - Rural Policy Plan to the City of Ottawa Official Plan.  One small item also applies to the Greenbelt as shown on Schedule B - Urban Policy Plan to the City of Ottawa Official Plan.

 

Basis

 

CLARIFICATION

 

Section 4.6.3                            River Corridors           

The proposed amendment recommends changes to Section 4.6.3 to ensure that the lot creation policies in the River Corridor are expressed in the context of general lot creation policies expressed for the General Rural Area.

 

Schedule A                               Rural Policy Plan         

The proposed amendment includes a recommendation that additional road names be identified on Schedule A to increase the ease of use of the map.  Those road names identified on Schedule G: Rural Road Network will be added to Schedule A.

 

CORRECTION

 

Section 4.8.6, policy 3              Mine Hazards and Abandoned Pits and Quarries          

The proposed amendment includes a correction to indicate that the City will require measures to mitigate safety hazards be underway before any planning approval is granted.

 

Schedule A                               Rural Policy Plan         

The proposed amendment includes a recommendation to change the boundary of the MacSkimming Outdoor Education Centre to reflect its actual shape.  This will require re-designating a portion of land from Major Open Space to General Rural Area. (See Schedule 1)

 

Schedule A                               Rural Policy Plan         

The proposed amendment includes a recommendation to re-designate a portion of land at the southwest corner of the Ottawa-Carleton Raceway site from Sand and Gravel Resource Area to General Rural Area. It is currently zoned as raceway (See Schedule 2).

 

Schedule A                               Rural Policy Plan

The proposed amendment includes a recommendation to correct the land use designation on Torbolton Ridge Road and Ridgetop Road in the former West Carleton from Agricultural Resource Area to Rural Natural Features Area.  The land was not designated Agricultural Resource Area in the former West Carleton Plan and is not of agricultural quality. (See Schedule 3)

 

Schedule B                               Urban Policy Plan

The proposed amendment includes a recommendation to re-designate a portion of land at Eagleson Road and the 417 from Greenbelt Employment and Institutional Area to Agricultural Resource Area.   The current designation implies that something could be developed at this location but the intent is simply to recognize the park and ride facility.  Since the Park and Ride facility is permitted in any designation, it is proposed to change the designation to Agricultural Resource Area like the surrounding lands (See Schedule 4).

 

UPDATE

 

Section 3.7.2, policy 8(g)          General Rural Area      

The proposed amendment includes a revision to policy 8(g) in section 3.7.2 to be consistent with the separation distances included in section 3.7.4, which were amended by the Minister of Municipal Affairs and Housing through a Ministerial Modification.

 

Schedule A                               Rural Policy Plan

The proposed amendment includes a recommendation to update the Sand and Gravel Resource Area designation where the resource has been depleted on Lots 22 and 23, Concession III, in the former City of Gloucester, near Albion Road.  This will require the re-designation of a portion of Sand and Gravel Resource Area to General Rural Area.  (See Schedule 5)

 

Schedule A                               Rural Policy Plan

The proposed amendment includes a recommendation to update the Sand and Gravel Resource Area designation where the resource has been depleted on Lots 12 and 13, Concession VIII, in the former Township of Huntley (West Carleton), near Howie Road.  This will require the re-designation of a portion of Sand and Gravel Resource Area to General Rural Area. (See Schedule 6)

 

Cumberland Secondary Plan Designations

The proposed amendment includes a recommendation to remove the designation “Natural Environmental Area (A)”, and the re-designation of the lands subject to that designation as “Environmental Feature”.  Other associated changes, to the Index and Schedule titles will also be required. This is because the designation has a different meaning in Volume 1 of the Official Plan.  It does not result in any changes to the actual policy.

 

PROVINCIAL POLICY STATEMENT
In order to make these changes to the Agricultural Resource Area policies more clear, Document 3 presents the policies as they would read if the Amendment is approved.

 

Section 3.7.3, policy 3              Agricultural Resources

The proposed amendment recommends changing the text of policy 3 to permit temporary accommodation for farm help, in a manner consistent with the Provincial Policy Statement.

 

Section 3.7.3, policy 9              Agricultural Resources

The proposed amendment recommends the deletion of policy 9 with regard to Farm-Related Severances to be consistent with the Provincial Policy Statement.

 

Section 3.7.3, policies 10-11    Agricultural Resources 

The proposed amendment recommends the deletion of policies 10 and 11 to be consistent with the Provincial Policy Statement that does not allow Farm Retirement Lots.

 

Section 3.7.3, policy 12            Agricultural Resources

The proposed amendment will revise policy 12 to clarify that the City will permit lot adjustments in Agricultural Resource Areas for legal or technical reasons, and will define what qualifies as a legal or technical reason.  The policy will be clear that minor boundary adjustments may occur between farms, between a farm and a non-farm lot, or between two non-farm lots.

 

Section 3.7.3, policy 14b          Agricultural Resources             

The proposed amendment recommends that the policy regarding the severance of surplus farm dwellings be amended to delete any reference to allowing a subsequent rezoning to permit a dwelling on the retained agricultural land, but to permit temporary accommodations for farm help, as needed.  This is required to be consistent with the Provincial Policy Statement.

 

Section 3.7.3, policy 14c          Agricultural Resources

The proposed amendment recommends that an additional policy be added to recommend that the severance be of a size to minimize the amount of farmland lost.

 

Section 3.7.3, policy 15            Agricultural Resources

The proposed amendment recommends the deletion of policy 15 regarding the severance of two dwellings on a lot to be consistent with the Provincial Policy Statement.

 

Section 3.7.3, policy 15            Agricultural Resources

The proposed amendment recommends the addition of a new policy 15 to permit the location of temporary accommodations for farm help to be located on lands retained following a severance as a result of a farm consolidation.

 

Section 3.7.3, policy 16(g)        Agricultural Resources

The proposed amendment recommends the deletion of policy 16(g), and the addition of a policy requiring the new lot to be limited to a minimum size needed to accommodate the small scale industrial or commercial uses directly related to agriculture that are permitted in areas of poor soils within the Agricultural Resource Area designation.

 

Section 3.7.3, policy 18            Agricultural Resources

The proposed amendment recommends that policy 18, which speaks to infill in areas of cluster housing, be deleted to be consistent with the Provincial Policy Statement.  It is recommended that this policy be replaced by a new Policy 18 to permit limited infill in Hamlets established by the zoning by-law. 

 

Section 5.3, policy 3                             Other Implementation Policies

The proposed amendment recommends that policy 3, which speaks to the severance of lots that contained two residential dwellings prior to the adoption of the 2003 Official Plan be amended to exclude properties designated Agricultural Resource.

 

RURAL SUMMIT

 

Section 3.7.3                            Agricultural Resources

It is proposed that the third paragraph of this section be amended to replace the phrase “intensive livestock operation” with the phrase “agricultural operation”. 

 

Section 3.7.3                            Agricultural Resources

It is further proposed that an additional policy be added to note that none of the policies of the Official Plan are intended or may be applied to restrict a normal farm practice carried on as a part of an agricultural operation on lands designated Agricultural Resource Area.  This is to be consistent with the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1.

 

Section 3.7.2                            General Rural Area

Since farming operations also exist in the General Rural Area designation, it is proposed that the same policy be in this Section of the plan:  to note that none of the policies of the Official Plan are intended or may be applied to restrict a normal farm practice carried on as a part of an agricultural operation on lands designated Agricultural Resource Area.  This is to be consistent with the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1. 

 

PART B - THE AMENDMENT

 

1.     Introduction

 

All of this part of the document entitled Part B - The Amendment, consisting of the following text and the attached maps designated as Schedules “1” to “6” to Amendment No. __, constitutes Amendment _ to the Official Plan of the City of Ottawa.

 

2.     Details of Amendment

 

       The following changes are hereby made to the City of Ottawa Official Plan:

 

  1. Section 3.7.2 General Rural Area is hereby amended by deleting the text of policy 8(g) and replacing it with the following: “The lot will not impact on land designated Limestone Resource Area, and will respect the separation distances from land designed Sand and Gravel Resource Area as required by Section 7.7.4, policy 10.”

 

  1. Section 3.7.2 General Rural Area is hereby amended by adding a new policy 10 “Restriction of Normal Farm Practice  Nothing in this plan is intended or may be applied to restrict a normal farm practice carried on as a part of an agricultural operation on lands designated Agricultural Resource Area in accordance with the Farming and Food Production Protection Act, as amended from time to time.”  The policies of Section 3.7.2  are renumbered accordingly.
  2. Section 3.7.3 Agricultural Resources is hereby amended as follows:

 

(a)    by deleting the words “intensive livestock” in the last sentence of paragraph 3 and replacing them with the word “agricultural”.  The last sentence will therefore read: “While the City recognizes that there is a right to farm on farmlands, certain types of agricultural operations will be subject to a greater degree of regulation due to their potential impact on neighbours and the natural environment;

 

(b)   by amending the text of policy 3 relating to Permitted Uses by deleting the words “A second dwelling for full time farm help is also permitted.  It should” and by replacing them with the following words: “Accommodation for farm help is also permitted.  It may”;

 

(c)    by amending the text of policy 3 relating to Permitted Uses by adding the following words after the words “must be mobile homes.”, “Alternatively, the farm help may be permitted on a separate parcel but, in this case, must always take the form of a mobile home.  To ensure that mobile homes for farm help are removed once they are no longer required, the farmer may be required to enter into an agreement with the City.”;

 

(d)   by deleting policy 9 relating to Farm Related severance;

 

(e)    by deleting policies 10 and 11 regarding Farm Retirement Lots;

 

(f)     by deleting the text of policy 12 relating to Boundary Adjustment, and by replacing it with the following: “The City will permit lot adjustments in Agricultural Resource Areas for legal or technical reasons.  For the purposes of this section, legal or technical reasons include severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot.  Subject to proper planning considerations, minor boundary adjustments may occur between farms, between a farm and a non-farm lot, or between two non-farm lots.”

 

(g)    by adding the following words after the words “to prohibit any residential use” in policy 14(b):  “and no subsequent rezoning to allow a new dwelling unit will be permitted.”;

 

(h)    by deleting the last sentence of policy 14(b) as follows: “However, a subsequent rezoning to allow a new dwelling unit may be permitted subject to agreement by City Council that a farm related circumstance, such as viability of the farm operation, clearly warrants it.”;

 

(i)      by adding a new policy 14(c) to say “The severed lot be of a size to minimize the loss of agricultural land.”

 

(j)     by deleting policy 15 relating to Severance of Two Dwellings on One Lot;

 

(k)   by adding the following text as a new policy 12:  Farm Help  12. Notwithstanding the prohibition of future residential uses on farm parcels that have been severed as a result of a farm consolidation in policy 11(b), above, dwellings for farm help, preferably in the form of a mobile home that can be removed once the farm help is no longer required, are permitted on the retained parcel.”

 

(l)      by amending the text of policy 16 relating to Severances in Areas of Poor Soils by deleting the text of paragraph (g) and is replacing it  with the following: “The new lot will be limited to a minimum size needed to accommodate the use.”;

 

(m)  by deleting the text of policy 18 and the title Infill in Areas of Clusters of Housing and replacing it with the following: “Infill in Hamlets  15.  The boundaries of small historical settlements are identified in the City’s zoning by-law.  Infill lots may be permitted within these settlement areas provided they do not extend the hamlet in length or depth.”

 

(n)    by adding the following as policy 18:  Restriction of Normal Farm Practice  18.  Nothing in this plan is intended or may be applied to restrict a normal farm practice carried on as a part of an agricultural operation on lands designated Agricultural Resource Area in accordance with the Farming and Food Production Protection Act, as amended from time to time.”

 

(o)   By renumbering the policies in Section 3.7.3 accordingly.

 

  1. Section 4.6.3 River Corridors is hereby amended by deleting the text of policy 1(e) and inserting the following:  “Ensuring, for development outside Villages in the General Rural Area adjacent to the Rideau River and Rideau Canal upstream from Roger Stevens Drive, notwithstanding the provisions of policy 3.7.2 8(b), or any other policy in this Plan, a minimum lot size of 5 hectares and a minimum of 200 metres of waterfront for the severed parcel, and a minimum lot size of 10 hectares for the remnant parcel, unless an alternate design has the same or less impact, as assessed by a cultural heritage impact statement.”

 

  1. Section 4.8.6 Mine Hazards and Abandoned Pits and Quarries, is hereby amended

 

(a)    In the preamble by deleting the phrase “This Plan contains policies that require Mine Hazards and Abandoned Pits and Quarries to be rehabilitated and safety hazards mitigated prior to approving new development in order to prevent the threat of injury and loss of life” and replacing it with “This Plan contains policies that require development on or abutting lands affected by Mine Hazards and Abandoned Pits and Quarries to address and mitigate known or suspected hazards.”

 

(b)   By deleting policy 2 c) and replacing it with “establishes measures to address and mitigate known or suspected hazards”

 

(c)    By deleting policy 3 and replacing it with “Development on or abutting lands affected by mine hazards may be permitted only if measures to address and mitigate known or suspected hazards are underway or have been completed.”

 

  1. Section 5.3 Other Implementation Policies is hereby amended by deleting the word “Where”, and by adding the following words at the beginning of policy 3 “In all designations but Agricultural Resource, where”.

 

Volume 2C, Village Plans

 

  1. The Former City of Cumberland Official Plan is hereby amended as follows:

 

(a)    The Index is amended to include Section 3.5.6 “Environmental Feature” following Section 3.5.5 “Open Space”;

 

(b)   The third sentence of section 3.5.5 is amended by deleting the words “Natural Environment Area (A)” and replacing them with the words “Environmental Feature”;

 

(c)    Section 3.5.6 is deleted and replaced with the following: “Environmental Feature Ottawa Official Plan Section 4.8, Protection of Health and Safety, describes Council’s policies to protect from development certain areas that exhibit features which may include one or a combination of the following:  unstable slopes (rock or soil), organic soils, and flood plains.  Due to these characteristics most of these lands may be unsuitable or severely limited for development.  Most of the lands in the villages designated Environmental Feature are already under public ownership or control.  Where this is not the case, it is the intent of the City to secure such lands as a condition of development or to otherwise obtain public access or preservation of the lands by other means.  Environmental Features in the villages are often the location of nature trails serving the local community, as supported by Official Plan Section 4.6.3 River Corridors, and may include woodlots that are significant in the community.”;

 

(d)   Schedule B is amended by deleting the reference to “Natural Environmental Area (A)” and replacing it with “Environmental Feature”;

 

(e)    Schedule D is amended by deleting the reference to “Natural Environment Area (A)” and replacing it with “Environmental Feature”; and

 

(f)     Schedule F is amended by deleting the reference to “Natural Environment Area (A)” and replacing it with “Environmental Feature”.

 

Schedule A – Rural Policy Plan

 

  1. Schedule A – Rural Policy Plan and Schedule B – Urban Policy Plan are amended as shown on Schedules “1” through “6” of this Official Plan Amendment.

 

3.  Implementation and Interpretation

Implementation and Interpretation of this Amendment shall be in accordance with the policies of the City of Ottawa Official Plan (2003).

 

PROPOSED SECTION 3.7.3: AGRICULTURAL RESOURCES                        Document 2

 

If the amendment is approved as written, this will be the new text for Agricultural Resources.

 

3.7.3 – Agricultural Resources


Farmland is an important land use in Ottawa, occupying about 40 per cent of the municipality’s rural lands. Located on these extensive areas of good soil – totalling more than 120,000 hectares – is a mixture of cash crop and livestock farms producing agricultural products with a value in 2001 of over $150 million. The approximately 1300 farmsteads in Ottawa also create economic activity for related businesses, such as agricultural supplies, equipment stores and processing plants for farm products.

 

In order to protect this resource for future generations, the City will protect prime agricultural areas from loss of lands to other uses. This protection entails policies that strictly limit permitted land uses and lot creation on all lands identified as Agricultural Resource Areas. These lands are shown on Schedules A and B. Their identification is based on the Ottawa-Carleton Land Evaluation and Area Review (LEAR) evaluation system. The LEAR system uses four factors to determine the agricultural potential of land:

·                  Soil capability for agriculture (large areas predominantly of soils of Classes 1, 2 and 3);

·                  Land use (existing use of individual properties);

·                  Parcel size (flexibility of parcel size to accommodate different farm activities);

·                  The presence of conflicting land uses in the area (e.g., adjacent to Villages or residential uses).

Farm operators need to be assured that their investment in and commitment to agricultural production will not be adversely affected by conflicting land uses. For example, non-farm residences in agricultural areas may create problems for farmers, such as unleashed dogs, increased traffic volumes that conflict with slow-moving farm machinery, and uncontrolled growth of noxious weeds. Conversely, non-farm households may find farm odours and noises objectionable. While the City recognizes that there is a right to farm on farmlands, certain types of agricultural operations will be subject to a greater degree of regulation due to their potential impact on neighbours and the natural environment.

 

Within Agricultural Resource Areas, clusters of non-farm houses occur at crossroads and other locations. Some of these small hamlet-like collections of residences are identified with place names such as Leonard, Bear Brook, Dalmeny, Baxters Corner and Woodlawn. They often have histories dating back to the 19th century or earlier when they originated to serve the needs of the rural population, providing not only housing but also services like a post office, school house or small cheese factory. In other locations these clusters of lots are of more recent origin and consist only of residential uses. Limited new development will occur in these locations in the future.

 

Policies

1.         Lands designated Agricultural Resource are shown on Schedules A and B with the intent of:

a.         Protecting major areas of agricultural and other lands suitable for agriculture from loss to other uses;

b.         Ensuring that uses, which would result in conflicts with agricultural operations, are not established in productive farming areas.

Permitted Uses

2.         The primary use of land in Agricultural Resource Areas will be agriculture. Additional permitted uses are forestry and those activities related to the conservation or management of the natural environment. Farm uses should respect the provincial Guide to Agricultural Land Use, promote and protect normal farm practices in accordance with the Farming and Food Production Protection Act, comply with any nutrient management by-law of the City and follow all applicable provincial regulations governing farm operations. [Ministerial Modification 20, November 10, 2003]

3.         Residential uses will be permitted either in the form of farm housing or as a detached dwelling on a lot fronting on an existing public road. Accommodation for farm help is also permitted.  It may be located on the same lot as the farmhouse and should preferably take the form of a mobile home that can be removed once the farm help is no longer required. If more than one farm-help dwelling is required, the second and subsequent dwelling(s) must be mobile homes. Housing may be restricted in the case of the severance of a surplus dwelling as per policies 13 and 14. [Amendment 14, September 8, 2004]

4.         In addition to a house and accessory building, the City will permit further secondary uses to the principal use of the property provided they are compatible with, and do not adversely affect, surrounding agricultural operations. Secondary uses include home-based businesses, home industries, and uses that produce value-added agricultural products. Policies for generally permitted uses, such as secondary dwelling units, are found in Section 3.1.

5.         In the Agricultural Resource Areas, the City will permit pits, wayside pits and quarries and portable asphalt plants as interim uses. Rehabilitation of the site must be carried out so that substantially the same areas and same average soil quality for agricultural are restored. The policies of Section 3.7.4 on Mineral Resources will apply.

6.         The City will permit small-scale industrial and commercial uses that are directly related to agriculture, subject to a rezoning, on areas of poor soils that exist within the larger prime agricultural areas. These small areas, ranging greatly in size, are marginally productive or of lower priority for agriculture due to their size, shape, topography, soil class, drainage, location, access or other physical characteristics. The possible permitted uses must be of the type that needs to locate close to farm operations, such as livestock assembly points, grain drying, storage for farm produce, and custom machinery operators. Furthermore, these uses will not adversely affect agricultural operations in the general vicinity. The possible severance of a lot of such a use may only occur if policy 16 below is met in full.

Possible Land Uses at Highways 416 and 417 Interchanges

7.         Notwithstanding the primacy of farming as a use for lands designated Agricultural Resource Area, a select range of commercial and industrial development may be permitted, in limited amounts, on properties that border the interchanges of Highway 416 and 417 outside of the Greenbelt. These areas have good road access and high visibility to the traveling public. Development will be subject to an amendment to the zoning by-law and other requirements set out in policy 8 below.

8.         The City will consider a rezoning for a proposed use and subsequent site plan approval for a property immediately adjacent to a highway interchange provided the following are respected:

a.         The proposed use must be of a highway/recreational commercial or industrial type use such as a gas bar or service station, restaurant, motel, farm or recreational vehicle sales and service centre, warehouse etc. Those land intensive uses such as golf courses, cemeteries and campgrounds will not be permitted at these interchange locations. Furthermore, uses such as a retail store, office or medical clinic should more appropriately be located in a Village or urban area;

b.         There must be demonstrated need for the proposed use and clear justification of the size of the area to be rezoned and, where necessary, severed from the parent parcel. This includes showing how the use and the proposed lot size can meet the private water and wastewater servicing requirements of Section 4.4.2; [Amendment 14, September 8, 2004]

c.         The use will not conflict with existing agricultural uses;

d.         Suitable design and landscaping will be provided in keeping with the role of Highway 416 and Highway 417 as entry routes to the National Capital;

e.         Regard has been given to the opportunity to provide for tourist orientation facilities, wherever feasible;

f.           Where development is proposed in the vicinity of the Highway 417 interchange with Upper Dwyer Hill Road / Herrick Drive, the City will consult with the Town of Arnprior to ensure that possible long term plans for servicing in the area are not compromised.

g.         There is no reasonable alternative location that avoids Agricultural Resource Areas. [Ministerial Modification 21, November 10, 2003]

h.         There are no reasonable nearby alternative locations in the Agricultural Resource Area with lower capability soils for agriculture. [Ministerial Modification 21, November 10, 2003]

Boundary Adjustment

  1.   The City will permit lot adjustments in Agricultural Resource Areas for legal or technical reasons.  For the purposes of this section, legal or technical reasons include severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot.  Subject to proper planning considerations, minor boundary adjustments may occur between farms, between a farm and a non-farm, or between two non-farm lots.”

Farm Consolidation – Surplus Dwelling

  1. Farm consolidation means the acquisition of additional farm parcels to be operated as one farm holding. A severance may be granted by the City for the creation of a new lot, on which is located a dwelling and immediately adjacent farm buildings made surplus through farm consolidation. Where the property with the surplus house is abutting the main farm property, the recommended method of separation of the surplus house from the land is the use of a boundary line adjustment between the two properties as this avoids the creation of a new lot.
  2. Where an application to sever a surplus dwelling is made, for lands that abut the main farm or not, the City will require the following:

a.         To avoid land speculation, applications for severance will be considered after the purchase of the lands to be consolidated by the farm operator, or where a legally binding offer of purchase is demonstrated;

b.         The vacant agricultural parcel so created be rezoned to prohibit any residential use and no subsequent rezoning to allow a new dwelling unit will be permitted. This housing restriction is intended to limit a pattern of lot creation in Agricultural Resource Areas that would see a new residence being constructed on a vacant farm property, the house being declared surplus and severed from a lot and the pattern so repeated

c.         The severed lot be of a size to minimize the loss of agricultural land.

 

Farm Help

  1. Notwithstanding the prohibition of future residential uses on farm parcels that have been severed as a result of a farm consolidation in policy 11(b), above, dwellings for farm help, preferably in the form of a mobile home that can be removed once the farm help is no longer required, are permitted on the retained parcel.

Severances in Areas of Poor Soils

  1. The severance of lots for small-scale industrial and commercial uses that are directly related to agriculture will be permitted in areas of poor soils where all of the following criteria are met:

a.         A site-specific zoning by-law amendment permits the use. A rezoning will be required as a condition of consent where the use is not permitted at the time of severance;

b.         The soils have a capability rating for agriculture predominantly of Class 4 or poorer as determined from the soils maps of Ottawa as shown in Ontario Institute of Pedology, The Soils of the Regional Municipality of Ottawa-Carleton Excluding the Ottawa Urban Fringe – Report 58 and the Soils, Capability and Land Use in the Ottawa Urban Fringe – Report 47, as amended;

c.         The land is part of an identified poor pocket of at least 10 hectares in area and is identified on soil maps of Ottawa as shown in Ontario Institute of Pedology, The Soils of the Regional Municipality of Ottawa-Carleton Excluding the Urban Fringe – Report 58 and the Soils, Capability and Land Use in the Ottawa Urban Fringe – Report 47, as amended;

d.         The land is not being used or capable of being used as part of an adjacent agricultural operation;

e.         The lot has frontage on a public road;

f.           The land is sufficiently wooded with trees so that development can be buffered from adjacent farm operations. Where sufficient tree cover does not exist, tree planting will be required as a condition of development;

g.          The new lot will be limited to a minimum size needed to accommodate the use. New Farm Holding

  1. The City will permit the severance of a lot creating a new farm holding that will be used exclusively as an agricultural operation. The lot proposed to be created and the remaining parent parcel must both be of sizes that are sufficiently large to maintain flexibility for future changes in the type and size of agricultural use. In this regard, the minimum lot size will be approximately 36 hectares for each of the severed and retained parcels. A lesser lot size may be considered appropriate under unique circumstances, such as the severance of a new market garden lot. These minimum areas will consist of usable agricultural land excluding extensive areas of rock, forest, steep slopes, wetlands and other similar lands.

Infill in Hamlets

  1. The boundaries of small historical settlements are identified in the City’s zoning by-law.  Infill lots may be permitted within these settlement areas provided they do not extend the hamlet in length or depth.”

Minimum Distance Separation

  1. All new farm and non-farm development, including severances, will comply with the Minimum Distance Separation (MDS) formulae, as amended from time to time, except in the case of development of an existing lot of record that falls almost all or completely within a calculated MDS separation distance.

Restriction of Normal Farm Practice

  1. None of the policies of this plan is intended or may be applied to restrict a normal farm practice carried on as part of an agricultural operation on lands designated Agricultural Resource Area in accordance with the Farming and Food Production Protection Act as amended from time to time.
  2. Notwithstanding policies above regarding permitted uses in Agricultural Resource Areas and policies in this section regarding new lot creation, the severance of a 0.8-hectare lot and development of an institutional use at 2761 Moodie Drive will be permitted. [Amendment 34, September 14, 2005]

 

AGRICULTURE RESOURCE AREA AND RURAL HOUSEKEEPING OFFICIAL PLAN AMENDMENT

ZONE DE RESSOURCES AGRICOLES ET MODIFICATION DU PLAN OFFICIEL – CHANGEMENTS D’ORDRE ADMINISTRATIF TOUCHANT LE SECTEUR RURAL

ACS2007-PTE-POL-0072                                                                                                                  City WIDE

 

Mr. Don Stephenson, voiced his concerns in regards to infill developments and restrictions on rural property owners.  He stated that his main concern was with schedule A of the report and that many areas in the agricultural area are very different and not as clear cut as forestry areas or wetlands which can be easily seen and designated as such.  He noted the example of Car Canada and how it was constructed on agricultural lands but that a Tim Horton’s could not be constructed on the site or nearby which seemed ludicrous.   He wanted to ensure that the sections on infill were retained.

 

Ms. Lesley Paterson, Program Manager, Planning Policy and Area Planning West stated that Mr. Stephenson raised 2 different points and that he may have misunderstood some sections of the report.  In Document 2 of the report, Section 15, it clearly states that infill lots are permitted within the hamlets and that these concerns should be raised within the context of the Rural Settlement Strategy.

 

Mr. Stephenson observed however that not all areas noted in the zoning by-law as hamlets were captured and that many other areas or “clusters” of homes may qualify for areas where infill could be justified.  Ms. Patterson stated that as in the past, hamlets and clusters remain the same regarding infill development that this report did not change this issue.

 

Councillor Brooks inquired that if the hamlet or cluster was not captured in the zoning by-law what happens.  Ms. Patterson stated that not all clusters had been captured and that it was virtually impossible to name or record all clusters within the City.

 

Chair Jellett stated that he was concerned that if not all hamlets or clusters had been captured that the process to develop an infill area would be very expensive to the landowner.

 

Ms. Patterson reiterated that the process of capturing these areas could best be done within the Rural Settlement Strategy.  Chair Jellett agreed.

 

 

That Agriculture and Rural Affairs Committee recommend that Council approve City of Ottawa Official Plan Amendment ___ to bring the Agricultural Resource Area policies into conformity with the Provincial Policy Statement and to make some housekeeping changes in the rural area, as described in document 1.

 

                                                                                                CARRIED