EVALUATION REPORT PLANNING DEPARTMENT

Transcription

1 EVALUATION REPORT PLANNING DEPARTMENT To: Chair and Members of the Committee of Adjustment, Municipality of North Middlesex From: Stephanie Poirier, Planner Date: March 7th, 2018 Re: Minor Variance Application MV Part of Lots 8 and 9, Concession 6, WCR (Geographic Township of McGillivray) 2005 West Corner Drive Applicant: Porkhill Farms Ltd Purpose: The purpose and effect of this application is to seek relief from the North Middlesex Zoning By-law No.35/2004 in order to permit the construction of a 1,949 m 2 (20,974 sq ft) swine barn on an agricultural parcel of land. More specifically, the applicant is seeking relief from Section of the Zoning By-law, which states that a new or expanding livestock facility in the General Agricultural (A1) Zone shall comply with the Minimum Distance Separation II (MDS II) Formulae. Background (see Key Map): The subject lands currently comprise of an area of approximately 80.8 ha (199.5 ac) and include municipal addresses 1919 West Corner Drive and 2005 West Corner Drive. The lands are also subject to Consent Application File No.: B , which if approved, would re-establish a lot line between 1919 West Corner Drive and 2005 West Corner Drive, creating two parcels of land approximately 40.4 ha (99.75 ac) in size. This Minor Variance application pertains to the lands to be severed, 2005 West Corner Drive and has been evaluated as if the application for consent is granted. The subject lands are located on the south side of West Corner Drive between Grand Bend Road to the east and Harmony Road to the west. A key map illustrating the subject lands and the proposed location of the swine barn is attached to this report. The lands to be severed contain an existing swine barn with 750 finishing feeder swine, an open pit manure storage, a shop, a storage shed, and two grain storages. These uses will remain wholly contained on the severed land, should the consent application be approved. The proposed swine barn would have a floor area of 1,949 m 2 (20,974 sq ft) and house 2000 additional feeder pigs (381 nutrient units), with liquid manure storage located underneath the slatted floor of the barn. The surrounding lands are predominantly agricultural, with several single detached residential dwellings and existing livestock operations located in the area. The MDS Guidelines require setbacks to be calculated between new or expanding livestock facilities and single detached residential dwellings, in order to minimize the impacts of the new or increased number of nutrients produced by the livestock on the surrounding lands. Relief from the following MDS II setback requirements have been requested between the proposed swine barn and the surrounding single detached residential dwellings and cemetery:

2 MDS II Requirement (1919 West Corner Dr.) (1902 West Corner Dr.) (1938 West Corner Dr.) (1974 West Corner Dr.) (2080 West Corner Dr.) (2087 West Corner Dr.) cemetery (1959 West Corner Dr.) Required Setback from Livestock and Manure Requested Setback from the Livestock and Manure m (1,126 ft) m (1,537 ft) m (1,229 ft) m (815 ft) m (1,595 ft) m (1,318 ft) m (416 ft) The applicant has advised that the location of the proposed swine barn would be within the existing development cluster and in close proximity to the existing agricultural structures on the property. The applicants advise that locating the new barn outside of the existing development cluster would cause undue hardship on the applicants, would require agricultural lands to be taken out of production and would cause operational inefficiencies. Staff note that alternative locations for the new swine barn on the subject property have been evaluated. Due to the surrounding residential uses and associated setback requirement from each, alternative locations for the livestock facility which meet the MDS II requirements are limited. Staff note that although the MDS Guidelines do not require setbacks between a single detached residential dwelling and livestock that are located on the same property, the applicant has requested relief from the required MDS II setbacks from the single detached residential dwelling currently located on the same parcel of land, due to the intention to sever. The applicant has submitted Consent Application File No.: B , concurrently with this Minor Variance Application. Staff note that the largest MDS II setback deficiency is between the proposed swine barn and the cemetery at 1959 West Corner Drive. Staff have confirmed that the cemetery is inactive. Policy and Regulation Background: Section of the Provincial Policy Statement (PPS) states that new land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the Minimum Distance Separation formulae. The subject lands are located within the Agricultural Area land use designation of the North Middlesex Official Plan and within the General Agricultural (A1) Zone and Environmental Protection (EP) Zone of the Zoning By-law. Intensive agricultural uses comprising of 250 nutrient units or more is a permitted use within the General Agricultural (A1) Zone within the North Middlesex Zoning By-law. Section of the

3 Zoning By-law states that a new or expanding livestock facility in the A1 Zone shall comply with the Minimum Distance Separation II Formulae for setback requirements. Analysis: Section 45 of the Planning Act allows a municipality to grant a minor variance to a zoning by-law based on four tests, as follows: 1. Is the variance considered minor in nature? YES The interpretation of what is minor is not necessarily based on the extent to which the zoning by-law is varied, but rather, may also be based on the impact and effect of the proposed variance. In this case, given the existing livestock and manure facilities on-site and given that the proposed new swine barn would store manure underneath the barn, staff do not anticipate a substantial increase to off-site impacts. Staff are satisfied that the cumulative impact of the existing and proposed livestock and manure facility on the surrounding neighbouring dwellings will be minimal. 2. Is the variance an appropriate use of the land? YES Surrounding land uses are agricutural in nature. The proposed swine barn is an agricultural use of lands, in character with the area, and is therefore an appropriate use of the land. 3. Does the variance maintain the intent of the Official Plan? YES Section a) of the Official Plan states that the primary use of land shall be for farming, agriculture and agriculturally-related uses. Appendix A in the Official Plan defines agricultural uses, which includes the raising of livestock. Staff is of the opinion that the development of a swine barn maintains the intent and purpose of the Official Plan. 4. Does the variance maintain the intent of the Zoning By-law? YES An intensive agricultural use is permitted within the General Agricultural Zone (A1) Zone of the Zoning By-Law. According to the Zoning By-law, expanding livestock facilities in the A1 Zone shall comply with the Minimum Distance Separation II. The intent of Minimum Distance Separation II setback requirements is to minimize potential impacts associated with livestock facilities on surrounding land uses, particularly those residential in nature. It is the opinion of staff that the size and usability of the proposed swine barn would not significantly increase the associated impacts with livestock beyond what may be considered reasonable for an agricultural area. Based on the above analysis, Application for Minor Variance MV appears to satisfy the requirements for a minor variance as set out in the Planning Act. Consultation: Notice of the application has been circulated to agencies, as well as property owners in accordance to the requirements of the Planning Act. Agency Comments a) Ausable Bayfield Conservation Authority The ABCA has indicated no natural hazard or natural heritage concerns with the requested minor variance application. b) North Middlesex Public Works Department

4 The North Middlesex Public Works Department have no concerns with this minor variance application. At the time of writing the subject report, no concerns or comments had been received from the public. Recommendation: THAT Application for Minor Variance MV , filed by Porkhill Farms Ltd, for relief from Section of the Zoning By-law to permit requested setbacks from the proposed swine barn and the single detached residential dwellings and cemetery identified in the chart below be GRANTED. MDS II Requirement (1919 West Corner Dr.) (1902 West Corner Dr.) (1938 West Corner Dr.) (1974 West Corner Dr.) (2080 West Corner Dr.) (2087 West Corner Dr.) cemetery (1959 West Corner Dr.) Required Setback from Livestock and Manure Requested Setback from the Livestock and Manure m (1,126 ft) m (1,537 ft) m (1,229 ft) m (815 ft) m (1,595 ft) m (1,318 ft) m (416 ft) Reasons The intent of the Municipality of North Middlesex Official Plan is maintained; The intent of the Municipality of North Middlesex Zoning By-law is maintained; The variances are considered minor in nature; The variances are desirable for the appropriate use and development of the lands.

5 APPLICATION FOR MINOR VARIANCE: MV Owners: Porkhill Farms Ltd 1919 and 2005 West Corner Drive Part of Lots 8 & 9, Concession 6 WCR Municipality of North Middlesex (McGillivray) HARM ONY RD Municipality of NORTH MIDDLESEX WES T CO RN ER DR Proposed Barn 1:30, WEST CORN ER DR m Buffer Proposed Barn SUBJECT PROPERTY SIGNIFICANT WOODLANDS (MNHSS 2014) Published by the County of Middlesex Planning Department 399 Ridout Street North, London, ON N6A 2P1 (519) February 2018 SIGNIFICANT WOODLANDS (COUNTY OP) CA REGULATED AREA 1:6, µ m 250 Disclaimer: This map is for illustrative purposes only. Do not rely on it as being a precise indicator of routes, locations of features, nor as a guide to navigation.