EVALUATION REPORT PLANNING DEPARTMENT

Similar documents
CHAIR AND MEMBERS PLANNING & ENVIRONMENT COMMITTEE JOHN M. FLEMING MANAGING DIRECTOR, PLANNING AND CITY PLANNER

Planning Primer Legislative Background, Policy Documents and Development Review Processes. Presented by: Planning Services Date: April 6, 2017

280 Manse Road - Official Plan Amendment, Zoning Amendment, Draft Plan of Subdivision Applications - Preliminary Report

Public Storage Self-storage Facility (Warehouse)

AD STANDARDS, CRITERIA AND FINDINGS

BYLAW C A Bylaw of Rocky View County to amend Land Use Bylaw C

1407 Military Trail Zoning Amendment Application Final Report

Request for Decision. Recommendation. Presented: Monday, Jul 07, Report Date Friday, Jun 20, Type: Public Hearings

Edward R. Sajecki Commissioner of Planning and Building. Region of Halton Proposed Regional Official Plan Amendment for 5768 Ninth Line

5.0 VILLAGE AREAS. February 2008 Municipality of West Elgin ~ Official Plan 5-1

Report to Council. Date: December 15, 2014 Jeff Watson, Policy Planner

646 Kingston Road - Official Plan Amendment and Zoning Amendment Applications - Preliminary Report

Town of Newmarket 395 Mulock Drive P.O. Box 328, Newmarket, Ontario, L3Y 4X7. Website: newmarket.ca Phone:

Six Mile Lake GFA Policies Official Plan Amendment

ONTARIO MUNICIPAL BOARD

7437, 7439 and 7441 Kingston Road - Zoning By-law Amendment and Site Plan Control Applications - Preliminary Report

4780 Eglinton Avenue West - Zoning By-law Amendment and Draft Plan of Subdivision Applications - Preliminary Report

and Richmond Street West - Official Plan Amendment Application - Preliminary Report

The Corporation of the TOWN OF MILTON

1296 Kennedy Road - Zoning Amendment Application - Preliminary Report

Director, Community Planning, North York District

20 & 30 Frank Nighbor Place

City of Surrey PLANNING & DEVELOPMENT REPORT File:

523, 525 and 525A Adelaide Street West - Zoning Amendment Application - Preliminary Report

PLANNING JUSTIFICATION REPORT

ADMINISTRATION RECOMMENDATION(S) 2017 February 09. That Calgary Planning Commission recommends APPROVAL of the proposed Land Use Amendment.

Planning and Building Department APPLICATION FOR CEMETERY EXPANSION BAYVIEW CEMETERY, 720, 726 AND 740 SPRING GARDENS ROAD

Edward R. Sajecki Commissioner of Planning and Building. Land Use Review- Former Parkway Belt West Lands- Fieldgate Drive and Audubon Boulevard

599 Kennedy Road - Official Plan Amendment and Zoning Amendment Application - Preliminary Report

SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL. Director of Development Services

Queen Street West - Zoning Amendment Application - Preliminary Report

Planning Rationale Report

6 PORT SYDNEY SETTLEMENT AREA

PLANNING RATIONALE FOR ZONING BY-LAW AMENDMENT MINTO COMMUNITIES INC. ARCADIA RESIDENTIAL STAGES 3 & 4 ARCADIA COMMERCIAL STAGE 2 CITY OF OTTAWA

OFFICE CONSOLIDATION SECONDARY PLAN AREA 22 THE BRAMALEA SOUTH INDUSTRIAL SECONDARY PLAN

CHAIR AND MEMBERS PLANNING & ENVIRONMENT COMMITTEE MEETING ON MONDAY AUGUST 28, 2017 JOHN M. FLEMING MANAGING DIRECTOR, PLANNING AND CITY PLANNER

TABLE OF CONTENTS 1.0 INTRODUCTION... 3

8 & 10 Donalda Crescent Official Plan & Rezoning Application Final Report

70 and 80 Wicksteed Avenue, 202, 204 and 206. Parkhurst Boulevard and 99 Vanderhoof Avenue

M E M O R A N D U M. Chair and Members of North West Planning Advisory Committee

City of Burlington. Official Plan Review. January 29, Public Consultation #3

CHAIR AND MEMBERS PLANNING & ENVIRONMENT COMMITTEE GEORGE KOTSIFAS MANAGING DIRECTOR, DEVELOPMENT & COMPLIANCE SERVICES & CHIEF BUILDING OFFICIAL

DONCASTER METROPOLITAN BOROUGH COUNCIL. PLANNING COMMITTEE - 15th October Expiry Date:

A Growing Community Rural Settlement Areas

PRESENTED: April 15, 2008 FILE: DP No. 273/ Development Permit No Government Road Townhomes

ONTARIO MUNICIPAL BOARD

DEPARTURE FROM DESIGN STANDARDS DDS-586

Official Plan Review: Draft Built Form Policies

STAFF REPORT. December 20, North York Community Council. Director, Community Planning, North York District

Planning and Growth Management Committee. Chief Planner and Executive Director, City Planning Division. Pg12013 (File No NNY 34 OZ)

Watertown City Council

PLANNING JUSTIFICATION REPORT

East Panorama Ridge Concept Plan Amendment

2014/0590 Reg Date 26/06/2014 Chobham

URBAN DESIGN BRIEF Gordon Street City of Guelph. Prepared on behalf of Ontario Inc. March 25, Project No. 1507

Harrow Lane, St Leonards-on-Sea, East Sussex, TN37 7JZ ERECTION OF 113 DWELLINGS TOGETHER WITH ESTATE ROADS (DETAILED SUBMISSION)

240 and 242 Finch Avenue West Zoning By-law Amendment Application Preliminary Report

393, 395, 397, 399, 401 and 403 Spring Garden Avenue Official Plan and Zoning By-law Amendment Application Preliminary Report

Commercial Development Proposal Tenth Line Road. Planning Rationale Report. Minto Developments Inc.

Bressa Developments Limited. Planning Justification Report. Revised Draft Plan of Subdivision and Zoning By-Law Amendment

PLANNING COMMISSION AGENDA REPORT APRIL 7, 2016

Director, Community Planning, Etobicoke York District

Memorandum City of Lawrence Planning and Development Services

Glenborough at Easton Land Use Master Plan

PLANNING RATIONALE. Shadow Ridge Estates Subdivision, Phase Two. In Support of a Proposed Zoning By-Law Amendment. Report Number: R

TOWN OF BRUDERHEIM Report to the capital region board

APPENDIX 1: SCOPED ENVIRONMENTAL IMPACT STATEMENT (EIS) FORM

Bloor St. W. Rezoning - Preliminary Report

Figure 1- Site Plan Concept

The Director of Development Planning and Manager of Urban Design and Cultural Heritage recommends:

4155 Yonge Street Official Plan Amendment and Rezoning Application Preliminary Report

City of Surrey ADDITIONAL PLANNING COMMENTS File:

6.0 Land Use Policies for Rural Settlements. 6.1 Rural Settlement Strategy

Urban Design Brief Woodland Cemetery Funeral Home 493 Springbank Drive

2 STATUTORY PUBLIC MEETING AND INFORMATION REPORT FOR PUBLIC MEETING ON AMENDMENT NO. 62 TO THE YORK REGION OFFICIAL PLAN

North York Community Council. Director, Community Planning, North York District. Ward No. 26, Don Valley West

COUNTY OF LAMBTON OFFICIAL PLAN UPDATE BACKGROUND REPORT NO.

Rev John Withy, Sion House, 120 Melmount Road, Sion Mills

Examination of South Cambridgeshire Local Plan

Town of Whitchurch-Stouffville Cultural Heritage Impact Assessment

20 & 50 Ashtonbee Road, 1920 & 1940 Eglinton Avenue East, and 880, 890 & 900 Warden Avenue Zoning Amendment Application Final Report

December 9,2009. Chair and Members, Board of Control City of London

Planning Justification Report

Council, at its meeting of November 8, 2004, adopted the following: That this matter be referred to the Council meeting of November 22, 2004.

MUNICIPAL DEVELOPMENT PLAN

City of Surrey PLANNING & DEVELOPMENT REPORT. OCP Amendment of a portion from Suburban to Urban

Variance from Chapter 297, Signs, of the Former City of Toronto Municipal Code Bloor Street West (High Park)

LONGDEN VILLAGE DEVELOPMENT STATEMENT

Section 3b: Objectives and Policies Rural Environment Updated 19 November 2010

Telecommunication Facility Policy

a) recognize agriculture as the primary activity and land use; b) maintain and preserve the agricultural resource base of the Town;

Planning Department. Director of Planning. Manager of Planning. Planning Technician/ Sustainability Coordinator. Planner II/ Heritage Coordinator

Planning and Regulatory Committee 20 May Applicant Local Councillor Purpose of Report

CURRICULUMVITAE. Pierre Chauvin, BSc(Agr.), MA, MCIP, RPP PROFESSIONAL ASSOCIATIONS

Request Modification of Proffers Approved by City Council on May 8, 2012 Modification of Conditions (Mini- Warehouse) Staff Recommendation Approval

Background Summary Report

NEW HOMES IN ANCASTER S MATURE NEIGHBOURHOODS WHAT WE HAVE HEARD

3 June 10, 2015 Public Hearing

Town of Portola Valley General Plan. Nathhorst Triangle Area Plan

Master Environmental Servicing Plan & Secondary Plan

Transcription:

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-3-2018 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 6.26.2 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.: B04-2018, 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:

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 343.3 m (1,126 ft) 468.6 m (1,537 ft) 374.5 m (1,229 ft) 248.4 m (815 ft) 486.2 m (1,595 ft) 401.7 m (1,318 ft) 126.8 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.: B04-2018, 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 2.3.3.3 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 6.26.2 of the

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 6.4.1 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-3-2018 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

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-3-2018, filed by Porkhill Farms Ltd, for relief from Section 6.26.2 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 343.3 m (1,126 ft) 468.6 m (1,537 ft) 374.5 m (1,229 ft) 248.4 m (815 ft) 486.2 m (1,595 ft) 401.7 m (1,318 ft) 126.8 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.

APPLICATION FOR MINOR VARIANCE: MV-3-2018 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 1:30,000 1938 1902 374 34 12 3.3 1959 248.4 8. 6 2005 WEST CORN ER DR 43.9 6.8 160.7 46.5 1919 2080 2004 1974 10m Buffer 48 6.2 401.7 2087 164.4 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) 434-7321 February 2018 SIGNIFICANT WOODLANDS (COUNTY OP) CA REGULATED AREA 1:6,000 0 62.5 125 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.