APPLICATIONS FOR MINOR VARIANCE. Township of South-West Oxford Committee of Adjustment MEETING: March 7, 2017 REPORT NO:

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1 Community and Strategic Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: Fax: Web site: Our File: A04-17 APPLICATIONS FOR MINOR VARIANCE TO: Township of South-West Oxford Committee of Adjustment MEETING: March 7, 2017 REPORT NO: OWNER / APPLICANT: Gary and Joanne Treur Salford Road Salford, ON N0J 1W0 VARIANCES REQUESTED: 1. Relief from the Provisions of Section and Minimum Distance Separation Requirements For Livestock Barns and Structures and Manure Storage Facilities (MDS II), to reduce the minimum distance separation requirement to the nearest Type A land use (residential dwelling located at Salford Road) from 214 m (703 ft) to 103 m (338 ft) in order to facilitate the construction of a new dairy barn and associated manure storage facility; and 2. Relief from the Provisions of Section and Minimum Distance Separation Requirements For Livestock Barns and Structures and Manure Storage Facilities (MDS II), to reduce the minimum distance separation requirement to the nearest Type A land use (residential dwelling located at Salford Road) from 214 m (703 ft) to 192 m (630 ft) in order to facilitate the construction of a new dairy barn and associated manure storage facility. LOCATION: The subject property is legally described as Part Lot 19, Concession 2 (Dereham),Township of South-West Oxford. The lands are located on the south side of Salford Road, lying between Culloden Line and Dereham Line and are known municipally as Salford Road. BACKGROUND INFORMATION: County of Oxford Official Plan: Township Zoning By-Law: Surrounding Uses: Agricultural Reserve General Agricultural Zone (A2) Predominantly agricultural, with both on farm and non-farm residential dwellings located directly to

2 File Number: A04-17 Report Number Page 2 COMMENTS: the west, northwest, and north of the proposed development. (a) Purpose of the Application: The applicant is seeking relief from Sections and of the Township of South-West Oxford s Zoning By-law to allow construction new dairy barn and associated manure storage facility. The new livestock operation is proposed to comprise a 2,677 m 2 (28, 815 sq.ft) dairy barn and associated manure storage facility. Additionally, a 293 m 2 (3,150 sq.ft) milking parlour and holding area is proposed. The subject lands comprise an area of approximately 58ha (144 ac) and contain agricultural land in agricultural production (cash crops), farm buildings and an existing single-detached accessory farm dwelling. A dairy barn in currently located on the subject lands as part of the existing livestock operation. The subject lands front on and have direct access to a Township Road, Salford Road. The surrounding land uses are generally agricultural and rural residential. A non-farm rural residential property is directly northwest of the subject lands, on the south side of Salford Road, an accessory farm dwelling is located immediately north, across Salford Road. Another accessory farm dwelling is located directly west of the subject lands, beyond the required MDS II separation setback. Plate 1, Location Map with Existing Zoning, shows the location of the subject lands and surrounding properties with zoning information. Plate 2, Applicant s Sketch, shows the distance from neighbour's residence to the proposed dairy barn and associated manure storage facility as determined by an Ontario Land Surveyor. Plate 3, MDS Arcs, shows the minimum distance separation from the existing non-farm residential dwelling directly northwest of the proposed dairy barn, as well as the accessory farm dwelling to the north of the subject lands. Plate 4, MDS II Report, from the Township Chief Building Official, dated January 2, (b) Agency Comments The application was circulated to a number of public agencies. The Township Works Superintendent, the Acting Township Chief Building Official, the Township Drainage Superintendent, the County Risk Management Officer, the County Oxford Public Works Department, and the Upper Thames River Conservation Authority have advised that they had no concerns or objections with the proposal. c) Public Consultation: The application was circulated on February 14, 2017 in accordance with the requirements of the Planning Act. To date, no concerns or objections with the application have been raised.

3 File Number: A04-17 Report Number Page 3 (d) Intent and Purpose of the Official Plan: The subject lands are located within the Agricultural Reserve designation according to the Township of South-West Oxford Land Use Plan, Schedule S-1 in the County of Oxford Official Plan. In the Agricultural Reserve designation, lands are to be developed for a wide variety of agricultural land uses, including general farming, animal or poultry operations, regulated livestock farms, cash crop farms and specialty crop farms together with farm buildings and structures necessary to the farming operation, and accessory residential uses required for the farm. The use of the lands for animal and poultry farms, cash crop farming and farm buildings and structures necessary to the farming operation, including manure storage facilities, conforms to the relevant policies of the Official Plan. Section of the Official Plan directs that it is a goal of the County that conflicts between agricultural and non-agricultural uses be minimized. The application of the Minimum Distance Separation (MDS II) guidelines, as established by the Province of Ontario, is considered to be a key mechanism by which municipalities can reduce and minimize potential land use conflicts and minimize nuisance complaints from odour associated with livestock. MDS is to be implemented via the provisions of the Township s Zoning By-law. Section of the Official Plan states that when the establishment of a new or expanded livestock structure or manure storage facility is proposed, Minimum Distance Separation Formula II (MDS II) must be satisfied prior to the issuance of a building permit. Further, the Official Plan (Section ) states that the Committee of Adjustment shall take into account the following points when considering an application for minor variance: The objectives and policies of the Official Plan can be met if the minor variance is granted; The request for variance constitutes a minor departure from the performance standards of the zoning by-law; The general intent of the zoning by-law can be met; and Whether the variance is desirable for the appropriate development of the land. In determining whether a variance is desirable, the Official Plan provides that the following factors be considered: Whether there are constraints and/or restrictions due to physical or inherent conditions of the site; Whether alternative designs of the proposals are clearly not feasible or appropriate; Whether approval would create an undesirable precedent; Concerns of adjacent owners and residents, and community in general; and, Whether compliance with the By-law would be unreasonable or impossible and impose undue hardship on the applicant. (e) Intent and Purpose of the Zoning By-law: The subject lands are zoned General Agricultural Zone (A2) in the Township of South-West Oxford Zoning By-law. The A2 zone permits a wide range of farming uses, including livestock and regulated farm operations, as well as buildings and structures accessory thereto. The A2 zone also identifies a number of provisions with respect to lot area, frontage and setback requirements. In addition to these setback requirements, the Zoning By-law provides that any new livestock barns or structures must meet Minimum Distance Separation II (MDS II) requirements. MDS II is a tool used to determine a required setback distance between a

4 File Number: A04-17 Report Number Page 4 livestock or manure facility and other more sensitive land uses. The intent of MDS is to prevent land use conflicts and minimize nuisance complaints associated with odour. Below is a table identifying the extent of the required variances to MDS II: Provision Description Required Proposed Relief Type A 214 m (703 ft) 103 m (338 ft) 111 m (364 ft) ( Salford Rd) Type A 214 m (703 ft) 103 m (338 ft) 111 m (364 ft) ( Salford Rd) Type A 214 m (703 ft) 192 m (629 ft) 22 m (72 ft) ( Salford Rd) Type A ( Salford Rd) 214 m (703 ft) 192 m (629 ft) 22 m (72 ft) (f) Desirable Development/Use: The Provincial Minimum Distance Separation Formulae Implementation Guidelines (Publication 707) states that minor variances to MDS II distances can be considered based on site specific circumstances. Circumstances that meet the intent, if not the precise distances of MDS II, or mitigate environmental impacts, may warrant further consideration. As noted previously, Section of the Official Plan provides guidance to Committees of Adjustment in determining whether the proposed variance is desirable. The applicants propose to construct a new dairy barn and expand their existing dairy operation. This is consistent with the Agricultural Reserve designation and General Agricultural zoning that the lands are to be used for farming purposes. In this particular instance, the proposed location of the livestock barn and manure storage facility is appropriate as it will minimize the amount of land being removed from agricultural production, as it is proposed to be situated adjacent to the existing livestock barns and other farm structures. The proposed location is to be sited further from the neighbouring dwellings than the existing barns currently located on the property and will make efficient use of existing services. The applicants proposed manure storage facility will be located within the barn, underneath a slatted floor. This type of manure storage facility is deemed to have a very low odour potential, as determined by the MDS formula. Although the proposed livestock barn will accommodate an increased number of livestock, the location and design will best mitigate any additional impacts relating to odour. Planning staff are of the opinion that the applicants requested variance to the MDS II setback requirement can be considered minor in nature, desirable and appropriate, and meets the intent and purpose of the Zoning By-law and the objectives and policies of the Official Plan. RECOMMENDATION: That the Township of South-West Oxford Committee of Adjustment approve Application File A04-17, submitted by Gary Treur for lands described as the Part Lot 19, Concession 2, Township of South-West Oxford, to facilitate the construction of a new dairy barn and associated manure storage facility as described in CASPO Authored by: original signed by: Amelia Sloan Development Planner

5 File Number: A04-17 Report Number Page 5 Approved for submission by: original signed by: Eric Gilbert, MCIP, RPP Senior Planner AS March 1, 2017

6 Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Notes Meters NAD_1983_UTM_Zone_17N This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey February 28, 2017

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8 Legend Notes Meters NAD_1983_UTM_Zone_17N This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey February 28, 2017

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