APPLICATION FOR MINOR VARIANCE. Township of South-West Oxford Committee of Adjustment MEETING: February 3, 2015 REPORT NUMBER:

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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: A APPLICATION FOR MINOR VARIANCE TO: Township of South-West Oxford Committee of Adjustment MEETING: February 3, 2015 REPORT NUMBER: OWNER: Ontario Inc. (R & D Garfat Farms) Dodge Line, R.R. #1 Woodstock ON, N4S 7V6 VARIANCE REQUESTED: Relief from Section Minimum Distance Separation Requirements for Manure Storage Structures, to reduce the required setback from a Type B land use (being the Village of Sweaburg) from 436 m (1,430 ft) to 386 m (1,266.4 ft) to facilitate the construction of an outdoor manure storage facility in conjunction with a replacement dairy barn. LOCATION: The subject lands are described as Part Lot 5, Concession 4 (West Oxford) & Part 1, Registered Plan 41R The lands are located on the northwest corner of Dodge Line and Rivers Road and are municipally known as Dodge Line, Township of South-West Oxford. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule S-1 Township of South-West Oxford Agricultural Reserve Land Use Plan Schedule C-5 County of Oxford Well Head Protection Plan Wellhead Protection Area Plan 5 Year Time of Travel Zone TOWNSHIP OF SOUTH WEST OXFORD ZONING BY-LAW: General Agricultural Zone (A2) SURROUNDING USES: Predominately agricultural lands, with the Village of Sweaburg to the north and a gravel pit and rural residential lot to the east.

2 File Number: A Report Number Page 2 COMMENTS: (a) Purpose of the Application: The applicants are requesting relief from the Township Zoning By-law to facilitate the construction of an outdoor manure storage facility in conjunction with a replacement dairy barn. As the proposed new barn will meet the required MDS II setback requirements, relief is only required to reduce the setback requirement of the new outdoor manure storage facility relative to the Village of Sweaburg, which is defined as a Type B land use. The property comprises approximately 48.3 ha (119.3 ac), and is currently occupied by an existing dairy barn, outdoor manure storage facility, several farm out-buildings and an accessory farm dwelling. For the Committee s information, due to the poor condition of the existing barn, a replacement dairy barn is proposed to be constructed to the south of the existing farm complex. With the construction of the new dairy barn, the existing capacity of the livestock operation will be increased from 65 to 82 dairy cows. It is intended that the proposed new manure storage facility will be used in conjunction with the new dairy barn, while the existing facility will be used as additional back-up storage. The existing barn will also be decommissioned and used for storage purposes. Plate 1, Existing Zoning & Location Map, shows the location of the subject lands and the zoning in the immediate vicinity. Plate 2, Aerial Map (2010), provides an aerial view of the subject lands and surrounding area. Plate 3, MDS II Setbacks, shows the proposed location of the manure storage facility and the setback from the Village of Sweaburg. Plate 4, Applicant s Site Sketch, shows the location of the proposed manure storage facility and dairy barn, and the required MDS II setbacks. (b) Agency Comments The application was circulated to agencies on January 13, The following comments were received. The County Risk Management Office indicated that the proposed manure storage facility will be located within a Wellhead Protection Area (WHPA) and a Nitrate Issue Contributing Area (ICA). As such, a risk management plan will be required for the proposed manure storage facility upon approval of the Thames-Sydenham and Region Source Protection Plan in late The Township s Chief Building Official, Township Drainage Superintendent, Township Works Department and County Public Works Department had no concerns with the proposal.

3 File Number: A Report Number Page 3 (c) Public Consultation: Public Notice was sent to the neighbours on January 13, At the time of writing this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are located in the Agricultural Reserve designation according to the Land Use Plan for the Township of South-West Oxford, as contained in the County Official Plan. In the Agricultural Reserve designation, lands are to be developed for a wide variety of agricultural land uses, together with farm buildings and structures necessary to the farming operation, and accessory residential uses required for the farm. Section of the Official Plan directs that it is the goal of the County to minimize conflicts between agricultural and non-agricultural uses. The application of the Minimum Distance Separation (MDS) guidelines, as established by the Province of Ontario, is considered to be a key mechanism to reduce and minimize these potential conflicts. The Official Plan states that where the establishment of a new or expanded livestock structure or manure storage facility is proposed, the Minimum Distance Separation Formula II (MDS II) must be satisfied prior to the issuance of a building permit. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned General Agricultural Zone (A2) according to the Township of South-West Oxford Zoning By-law. The A2 zone permits a wide range of agricultural uses, including the existing livestock operation. According to Section of the Zoning By-law, manure storage structures are also required to meet MDS II setback requirements. MDS is used as a tool to determine the required distance between a livestock operation and other land uses to prevent land use conflicts and minimize nuisance complaints associated with odour. Based on the MDS II calculations completed by the Township Chief Building Official, the proposed manure storage facility is required to maintain a setback of 436 m (1,430 ft) relative to the nearest Type B Land Use, being the Village of Sweaburg. As shown on Plate 3, the applicant proposes a reduced setback of 386 m (1,266.4 ft). Staff note that the proposed new dairy barn will meet all relevant MDS II setback requirements. Furthermore, as MDS is only to be measured from the proposed new barn and manure storage facility, the existing manure storage facility that is to remain on the property is considered to be legal non-conforming relative to the new MDS II setback requirements. (f) Desirable Development/Use: It is the opinion of this Office that the applicant s request to reduce the required MDS II setback from to the nearest Type B land use, being the Village of Sweaburg, from 436 m (1,430 ft) to 386 m (1,266.4 ft), to facilitate the construction of an outdoor manure storage facility in conjunction with a replacement dairy barn, can be considered minor and desirable development for the subject property.

4 File Number: A Report Number Page 4 Given the long-term use of the agricultural property as a livestock operation and the proposed location of the new manure storage facility (further from the Village of Sweaburg then the existing facility), Staff is of the opinion that the proposed relief can be considered minor. Based on the location of the proposed facility, it is not anticipated that a slight increase in livestock units will generally have any further impact on the neighbouring land uses in the vicinity. Furthermore, the new dairy barn will meet the required MDS setbacks relative to the Village boundary to the north and the neighbouring property on the east side of Dodge Line, which will assist to ensure the proposed relief has minimal impact on neighbouring residential uses. While it is recognized that the proposed manure storage facility could be located to meet MDS setback requirements, the proposed location can be considered appropriate as it will allow for an efficient use of the existing services within the farm complex, limit the amount of land that is taken out of agricultural production, and ensure that the facility is located in close proximity to the proposed new dairy barn. As such, it is the opinion of Planning staff that the proposed development can be considered desirable. In light of the foregoing, Planning staff is of the opinion that the requested relief maintains the general intent and purpose of the Official Plan and Zoning By-law, and can be considered minor and desirable development for the subject property. With regard to the comments received from the County Risk Management Office, it should be noted that certain land uses and/or activities are considered to be significant drinking water threats under the Clean Water Act and, as such, may be prohibited, restricted, or otherwise regulated by the polices of an approved Source Water Protection Plan (SPP). The applicant should be advised that a draft SPP has been developed for this area (Thames-Sydenham), with Provincial approval anticipated in late Once approved, the polices of the SPP will apply to any existing or proposed significant drinking water threats. RECOMMENDATION: That the Township of South West Oxford Committee of Adjustment approve Application File A 01-15, submitted by Ontario Inc. (R & D Garfat Farms) for lands legally described as Part Lot 5, Concession 4 (West Oxford) & Part 1, Registered Plan 41R-2105, Township of South West Oxford, municipally known as Dodge Line, as it relates to: 1. Relief from Section Minimum Distance Separation Requirements for Manure Storage Structures, to reduce the required setback from a Type B land use (being the Village of Sweaburg) from 436 m (1,430 ft) to 386 m (1,266.4 ft) to facilitate the construction of an outdoor manure storage facility in conjunction with a replacement dairy barn; Subject to the following condition: a. The applicant obtain a change of use permit for the existing dairy barn identified on Plate 4 of Report number , to the satisfaction of the Township Chief Building Official. As the proposed variance is: (i) (ii) a minor variance from the provisions of the Township of South-West Oxford Zoning By-law No ; desirable for the appropriate development or use of the land, building or structure;

5 File Number: A Report Number Page 5 (iii) iv) in-keeping with the general intent and purpose of the Township of South-West Oxford Zoning By-law No ; and in-keeping with the general intent and purpose of the Official Plan. Authored by: original sign by Rebecca Smith, Development Planner Approved by: original sign by Gordon K. Hough, MCIP, RPP, Director RS/rs January 23, 2015

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 January 9, 2015

7 Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary 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 January 9, 2015

8 Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary 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 January 9, 2015

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10 Site Photos A-01/ Ontario Inc. (R & D Garfat Farms) View of existing farm complex, looking west from Dodge Line Proposed location of new barn and manure storage facility, looking west from Dodge Line