RECOMMENDATION: It is recommended that the application for rezoning be approved.

Transcription

1 Meeting Date: September 17, 2018 Department: Prepared by: Reviewed by: Reviewed by: SUBJECT: Building and Planning Jennifer Huff, Planner COUNCIL REPORT Matthew Stephenson, Director, Building/Waste Services Greg McClinchey, Chief Administrative Officer Salthaven Wildlife Rehabilitation and Education Centre for Naujokaitis / Vanderkroft File No. ZBA Part Lot 5, Concession 9, geographic Township of Caradoc Glen Oak Road, Municipality of Strathroy-Caradoc RECOMMENDATION: It is recommended that the application for rezoning be approved. PURPOSE The subject zoning by-law amendment application proposes to amend the zoning of the subject lands from the General Agricultural (A1) Zone to a site-specific General Agricultural (A1-#) Zone to permit uses associated with a wildlife preserve, including a wildlife rehabilitation clinic and an education centre that is limited in size. The effect of the Zoning By-law Amendment application is to accommodate the location of a wildlife rehabilitation centre, being Salthaven Wildlife Rehabilitation and Education Centre, onto the subject lands. SUMMARY HIGHLIGHTS The application proposes to amend the zoning of the subject lands from the General Agricultural (A1) Zone to a site-specific General Agricultural (A1-#) Zone to permit uses associated with a wildlife preserve, including a wildlife rehabilitation clinic and an education centre that is limited in size. The application is intended to facilitate the relocation and future expansion of Salthaven Wildlife Rehabilitation and Education Centre (SWREC) onto the subject lands. SWREC is not licensed to provide service to livestock or domestic animals. The proposed education centre is not intended to be open to the general public. The application intends to provide clarity to the permitted uses on site in advance of future building permit or financing applications. Staff and the applicant have had extensive discussions regarding the adjacent municipally-owned works yard and the past, current and potential future use. The applicant has acknowledged and accepted such uses. Page 1 of 6

2 No concerns or objections have been identified by area residents. BACKGROUND The subject lands are located along the north-east corner of the intersection of Glen Oak Road and Walkers Drive in the former Township of Caradoc. The lands are approximately 9.8 ha (24 ac) in size and contain a single-detached dwelling and a number of agricultural structures. Glen Oak Road is within the jurisdiction of the Municipality of Strathroy-Caradoc. The lands are privately serviced. There is an open municipal drain that runs through the property that is also regulated by the St. Clair Region Conservation Authority. The woodland located along the north-east portion of the property is identified as a Significant Woodland by the Middlesex Natural System Study, Surrounding land uses are predominately agricultural and rural residential in nature. A municipal works yard is located to the immediate north of the subject lands. The works yard previously contained a landfill which has been closed since the 1970 s and has been inspected recently (Aug 2018) by the Ministry of Environment, Parks and Conservation confirming the site remains compliant with the original closure plan with no environmental compliance concerns. It is now operated as a works yard for the storage, handling and recycling of operational and construction materials and other Municipal organic wastes. The location of the lands are shown on the Location Map attached to this report. Salthaven Wildlife Rehabilitation and Education Centre (SWREC) is a non-profit corporation committed to the care and rehabilitation of sick, injured, orphaned or otherwise compromised wildlife. Their goal is to return healthy animals to their natural habitat. They are dedicated to increasing public awareness about and respect for the issues affecting Canadian Wildlife. In its current location, along Rougham Road just west of Mount Brydges, Salthaven provides for the daily rehabilitation of wildlife. The current location includes a number of open-air wildlife enclosures, fully penned areas, a rehabilitation clinic in a former chicken coop, a dwelling which is shared by the operator and volunteers, wildlife habitat and agricultural land in crop production. Salthaven s primary education operations include off-site outreach programs, however, limited on-site education opportunities are occasionally offered. For example, SWREC provided an opportunity two times in 2017 that allowed 10 families to visit portions of the site. SWREC is proposing to move their operations from their current location to the subject lands. In consultations with the applicants, it is their wish to expand their operations in the long term, through construction of new buildings and / or reuse of existing buildings. While the current A1 zone category does permit a wildlife preserve, it is staff s opinion that certain aspects of SWREC exceeds the scope of what a wildlife preserve as defined as in the Strathroy-Caradoc Zoning By-law (ie. the rehabilitation clinic and the education centre). SWREC wishes to continue its current focus on off-site outreach education but wants to clarify that in-house education is provided and limited viewing / demonstrating opportunities can be provided on-site. SWREC also wishes to modernize and increase the size of their rehabilitation capacity. To this end, the zoning by-law amendment application seeks to amend the current zoning of the lands to add a clinic and education centre accessory to a wildlife preserve as additional permitted uses. The zoning by-law amendment application intends to provide clarity to the Page 2 of 6

3 uses permitted on the site at it relates to SWREC operations in the event future building permits or financing contributions / applications are made. POLICY AND REGULATION BACKGROUND The subject lands are located within a Prime Agricultural Area as per the definition of the Provincial Policy Statement and are located within an Agricultural Area of the County of Middlesex Official Plan and the Strathroy-Caradoc Official Plan. The lands are currently located within the General Agricultural (A1) Zone of the Strathroy-Caradoc Zoning By-law. Policy Background The Provincial Policy Statement, County Official Plan and the Strathroy-Caradoc Official Plan is silent with respect to unique uses such as wildlife preserves in prime agricultural areas. However, the underlying intent of these policy documents in regards to agricultural land is to protect such land for agricultural uses in the long term. To this end, the PPS does explicity permit agricultural, agriculturallyrelated and on-farm diversified uses within Prime Agricultural Areas and the Province has published a document titled, Guidelines on Permitted Uses in Ontario s Prime Agricultural Areas to assist in evaluating uses proposed on prime agricultural areas. This guideline document defines agricultural, agriculturally-related and on-farm diversified uses and contains suggested criteria upon which they may be evaluated. While a wildlife preserve, rehabilitation center / clinic, education centre are not contemplated in the examples of such uses, staff are of the opinion aspects of these uses may be evaluated based on the criteria for on-farm diversified uses. The evaluation criteria for on-farm diversified uses, includes the following: The use is located on a farm; The use is secondary to the principal agricultural use of the property based on spatial and temporal measurements; The use is limited in area (2% of the total farm area being a target); The use includes, but is not limited to home occupations, home industries, agri-tourism and uses that produce value-added agricultural products; and, The use shall be compatible with and shall not hinder surrounding agricultural operations. The County and the Local Official Plan also permit agricultural and agriculturally-related uses, including secondary farm occupations. Specifically, Section of the Strathroy-Caradoc Official Plan permits secondary farm occupations provided: They remain secondary to the agricultural use of the farm; They are agriculturally-related or do no adversely affect neighbouring agricultural operations or the rural character; They are operated only by those residing on the property on which the secondary farm occupation is located including not more than one assistant; and, The building is located in close proximity to the existing buildings on the farm. Page 3 of 6

4 Standards applying to Secondary Farm Occupations are prescribed in the municipality s Zoning Bylaw. Section 4.27 of the Strathroy-Caradoc Zoning By-law contains provisions guiding Secondary Farm Operations: The use shall be secondary to the primary farming operation of the land; The use shall only be permitted on lots greater that 4 ha (9.8 ac); A secondary farm occupation must be operated by a person residing on the lot, and at no time shall any secondary farm occupation employ more than 3 persons who do not reside on the lot; The size and nature of the secondary farm occupation shall not reduce the ability of the land to be used for agricultural purposes; No secondary farm occupation shall create or become a public nuisance, particularly with regard to noise, traffic, parking, light or night-time operation or shall open storage be permitted in the front or exterior side yard; There shall be no product on display or sign permitted other than 1 non-illuminated sign, in accordance with the Municipality s sign by-law; Certain uses are prohibited from being considered a secondary farm occupation; and, Only 1 secondary farm occupation shall be permitted on a lot. Zoning By-law The A1 zone category permits a range of agricultural and agriculturally-related type uses, including but not limited to: a single-detached dwelling, agricultural uses, and a wildlife preserve. A wildlife habitat / preserve is defined as areas where plants, animals and other organisms live and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specifically, wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their life cycle; and areas which are important to migratory or non-migratory species. Staff suggest creating a newly defined use, being a rehabilitation centre / clinic and education centre accessory to a wildlife preserve as an additional permitted use to the A1 zone category on the subject lands and the inclusion of a specific lot coverage requirement for such use. A rehabilitation centre / clinic and education centre accessory to a wildlife preserve is proposed to be defined as a building or structure that specializes in providing the necessary care associated with rehabilitating wildlife on-site and includes a viewing / demonstration component for the purposes of providing wildlife rehabilitation education to volunteers and members of the public on a limited basis. The rehabilitation centre / clinic and education centre is not permitted to be open to the general public on a daily basis. CONSULTATION The application has been circulated to agencies and the public in accordance with the requirements of the Planning Act. At the time of writing the subject report, the following comments were received: Page 4 of 6

5 The Director of Engineering and Public Works advised by of no objections to the proposed zoning application provided the applicant acknowledge and accept the former, current and potential future uses of the adjacent municipal owned lands now being operated as a works yard. A 50 m side yard setback to the northerly lot line is requested. is attached to the report. The Director of Community Services, CN, and the Strathroy-Caradoc Fire Chief advised of no concerns with the application. ANALYSIS It is the opinion of staff that the application is consistent with the PPS and conforms to the policies of the County and local Official Plan. It is staff s opinion that the wildlife rehabilitation and education centre will not preclude the use of the land for agricultural purposes or hinder area agricultural operations. While Salthaven does not meet all of the criteria for a secondary farm occupation, it is staff s opinion that the use can be considered similar to such in terms of its limited impacts on agricultural lands and that much of the land will continue to be used for agricultural purposes. Salthaven has been operating within the Municipality for many years and staff have no record of any complaint being filed respecting on-site operations. As such staff is of the opinion that the use will not be a nuisance with regard to noise, traffic, parking, light or night-time operation or shall include open storage. Further, while the owner/operator of Salthaven will not reside on the property at this time, the dwelling will continue to be used as a shared residence for volunteers in a manner in keeping with its use as a single-detached dwelling: all facilities are to be shared and rooms, meals and / or other services are not being provided for a fee. The rehabilitation clinic is intended to be only accessory to a wildlife preserve and the education centre is not intended to be open to the general public. Rather, as it is the intent of Salthaven to limit interactions between people and wildlife, the centre has been described as providing limited demonstration / viewing opportunities of on-site clinic and rehabilitation activities. Salthaven will continue to focus much of its education activities on off-site outreach programs. As it is the current direction from the Province to limit the area of on-farm diversified uses, staff recommend that the by-law include a floor area limit associated with the clinic and education centre to ensure that its scale is appropriate given the existing size of the lands and on-site buildings. Finally, in regards to the past, current and future activities associated with the adjacent municipal works yard, staff have discussed such uses with the applicant and the applicant has advised by that they have no objections to the uses on the lands. An from Salthaven acknowledging and accepting the past, current and future uses of the adjacent municipal works yard has been included as an attachment to this report. Given that the Municipality and Salthaven have extensively discussed each other s uses and are agreeable to their respective operations, staff are of the opinion that land use compatibility issues can be effectively managed on both sites. Therefore, staff are of the opinion that land use compatibility matters can be adequately addressed in the implementing zoning by-law (size of use limitations and side yard buffers) and through managing Page 5 of 6

6 of internal operations and public outreach. Finally, the application is considered to have minimal impacts to agricultural land and land uses. SUMMARY Based on the above analysis, staff recommend the following: 1. That the application for rezoning be approved as the application would be: consistent with the Provincial Policy Statement; conforms to the Official Plans of both the County and Strathroy- Caradoc; and constitutes good planning; and, 2. That: Council direct staff to prepare the implementing zoning by-law amendment for consideration at the October 1 st, FINANCIAL IMPLICATIONS None ATTACHMENTS Location Map Comment, Director of Engineering and Public Works ( ), August 28, 2018 Page 6 of 6

7 Location Map - Full Extent ZBA : Applicant: Salt Haven; Owner: E. Vanderkroft Glen Oak Rd, Part Lot 5, Concession 9 S, Strathroy Lands subject of the amendment G LE N OA K A2 D R A A2 A A W LK 7118 ER S D R Legend Zone Boundary Parcels 660 Meters

8 From: To: Cc: Subject: Date: Attachments: George Elliott Jennifer Huff Brad Dausett Salthaven -- Proposed Rezoning Glen Oak Road Tuesday, August 28, :36:05 PM image001.png Notice of Meeting.docx pdf Jenn Re: Rezoning for a Wildlife Rehabilitation & Public Education Centre ZBA The Engineering & Public Works Department supports the rezoning for a Wildlife Rehabilitation & Public Education Centre provided the following land use history and current & future operations of the adjacent Municipally owned land Glen Oak Road is acknowledged and is accepted as an acceptable use suitable to be adjacent the proposed Centre. If additional fencing or screening is considered for the Centre it would be on the Centre s property with no cost of installation and maintenance to be borne by the Municipality. Closed Municipal Landfill The property at Glen Oak Road was a Municipal Landfill site for Caradoc Township for decades prior to its closing in the 1970 s. It was subsequently used as a waste transfer site until the amalgamation of Strathroy-Caradoc in 2001, and the relocation of waste transfer operations to the Pike Road facility. Further subsequently, it is now used as an active Public Works Yard for storage, handling and recycling of operational and construction materials and other Municipal organic wastes. As recently as August 2018, inspections by the Ministry of Environment, Parks and Conservation (MEPC) have been completed confirming that the site remains compliant with the original closure plan (1970 s) with no environment compliance concerns. Further, the MEPC confirmed the Public Works storage, handling and recycling operations are a permitted and acceptable use for the closed landfill property. Public Works Operations (Current & Future) The nature of a Public Works Yard operation is a noisy and dusty environment with potential for smoke, odours and light pollution at any time of the day and/or night, 7 days per week all year. The nature of the operation may not be suitable for the desired peaceful environment of a wildlife rehabilitation centre. Further, the operation may not be suitable for community visitors to the site which could develop future opposition to the Public Works Operations. The full nature of the operations is demonstrated in the following that is not an all inclusive list of current and future operations: Stockpiling materials with loaders, trucks, stacker equipment including back up beepers, tailgate closing (bangs) and engine operations Crushing, grinding and screening of concrete, asphalt, aggregates, street sweeping sands, wood logs and stumps

9 Separating of steel materials from concrete Burning of leaves, brush, trees and stumps Snow dumping and storage piles Possible future waste transfer site operations or composting Excavated material decanting and/or environmental mitigation soil aeration Regards George Elliott, P.Eng. Director of Engineering & Public Works Phone: ext. 270 Municipality of Strathroy-Caradoc 52 Frank Street Strathroy, ON N7G 2R4 Visit us online at From: Debbie Walsh Sent: August 21, :37 AM To: Angela Toth Fred Tranquilli Greg McClinchey Durk Vanderwerff Jennifer Rogerson Erica Ogden Brad Dausett George Elliott Rob Lilbourne Matt Stephenson Brian George Paul Zuberbuhler Mark Campbell - Strathroy Caradoc Police Service <mcampbell@strathroy-caradoc.ca> Cc: 'jhuff@middlesex.ca' <jhuff@middlesex.ca> Subject: Salthaven -- Proposed Rezoning Glen Oak Road Please find attached Application for a Zoning Bylaw Amendment and Notice of Public Meeting re the above for your attention and review. Jennifer Huff, our Planner, is on vacation and in her absence I am asking that you review the application and notice and send your comments directly to her by Friday, August 31, 2018.

10 Thank you. Debbie Walsh Planning Co-ordinator

11 From: To: Subject: Date: Brian C. Salt Jennifer Huff Re George Elliott"s amendment to my . Thursday, September 06, :42:24 AM Hello Jenn The following is an amendment suggested by George Elliott to the original that I sent you yesterday. I am OK with his alterations. Salthaven is willing to proceed with the purchase of the property at Glen Oak Road and also go ahead with the public meeting to consider the proposed zoning by-law amendment. We understand the operations in the adjacent property Glen Oak Road is owned and operated by the municipality and is currently being used and will be used in the future as detailed in the attached by George Elliott. It is also our understanding that the municipality will seek to give us notice in as much advance time as possible about upcoming major occasional operations such as concrete and asphalt crushing that will create the most significant noise and/or airborne dust, smoke or other contaminants at Glen Oak Road so that we can prepare our patients accordingly. Thanks Jenn! Brian C. Salt Director of Wildlife Rehabilitation Salthaven Wildlife Rehabilitation & Education Centre Inc. P.O. Box 601 Mount Brydges ON. Canada, N0L 1W0 Consider including Salthaven in your estate plans an excellent way to reduce taxes. Join us on Facebook See how you can help: B/N RR0001