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

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

THE CORPORATION OF THE TOWNSHIP OF NORWICH COMMITTEE OF ADJUSTMENT TUESDAY NOVEMBER 22, :00 P.M. COUNCIL CHAMBERS, NORWICH

THE CORPORATION OF THE TOWNSHIP OF NORWICH COMMITTEE OF ADJUSTMENT TUESDAY, SEPTEMBER 9, :00 A.M. COUNCIL CHAMBERS, OTTERVILLE AGENDA

Committee of Adjustment Agenda. Meeting Date: Monday January 9, 2017 Woodstock City Hall, Council Chambers Regular Session: 7:00 PM

Committee of Adjustment Agenda. Meeting Date: Monday October 17, 2016 Woodstock City Hall, Council Chambers Regular Session: 7:00 PM

Committee of Adjustment Agenda

APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND ZONE CHANGE

APPLICATION FOR MINOR VARIANCE

Staff Report. November 16, 2016 Page 1 of 6

APPLICATION FOR MINOR VARIANCE APPLICANT:

For Vintages of Four Mile Creek Town of Niagara on the Lake, Ontario

MINUTES OXFORD COUNTY LAND DIVISION COMMITTEE. Thursday, December 6, 2012

PLANNING REPORT. Lot 5, SDR Lot 6 and 7 Concession 3 Township of Normanby Municipality of West Grey County of Grey

THAT this Committee of Adjustment meeting come to order at 7:00 pm.

June 26, 2017 Page 1 of 6

Mayor and Members of Council. Storey Samways Planning Ltd. DATE: March 8, SUBJECT: Planning Services Report

TOWNSHIP OF WELLINGTON NORTH COMMITTEE OF ADJUSTMENT MONDAY, FEBRUARY 12, :00 P.M. A01/18, A02/18, A03/18, A04/18, A05/18, A06/18, A07/18

FURTHER THAT Minor Variance A-11/17 not be subject to any conditions.

The following schedules are included in and form part of this Zoning By-Law. Site Plan comprising Schedules "B-1".

Staff Report. August 24, 2016 Page 1 of 6. Meeting Date: August 24, 2016

The Corporation of the City of Woodstock Council Agenda

EVALUATION REPORT PLANNING DEPARTMENT

RECEIV} ED. _l _ c(:leaa,<:lid:ition OFMCNACMJKAE SIDE. Development & Property Department. OF McNAB/BRAESIDE. n/a PART A - BACKGROUND

Municipality of Brockton Planning Report. Application: Minor Variance Application. Members of the Committee of Adjustment, Municipality of Brockton

2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law.

SALE OF LAND BY PUBLIC TENDER

Ontario Municipal Board Commission des affaires municipales de l Ontario

City of Kingston Report to Committee of Adjustment Report Number COA

APPLICATION FOR CONSENT NEW LOT (SEVERANCE)

MINUTES OXFORD COUNTY LAND DIVISION COMMITTEE. Thursday, June 1, 2017

PLANNING REPORT. Prepared for: John Spaleta 159 Delatre Street Woodstock Ontario N4S 6C2

City of Kingston Report to Committee of Adjustment Report Number COA

PLANNING REPORT Gordon Street City of Guelph. Prepared on behalf of Ontario Inc. March 17, Project No. 1507

ii. That the driveway access from Desloges Road be controlled with a gate and access only be used for maintenance and emergency purposes; and,

FURTHER THAT Consent B-19/16 be subject to the following conditions:

AGENDA COMMITTEE OF ADJUSTMENT

Staff Report. Planning and Development Services Planning Division

AGENDA COMMITTEE OF ADJUSTMENT

Application for OFFICIAL PLAN AMENDMENT

MUNICIPALITY OF THE TOWNSHIP OF McNAB/BRAESIDE GUIDELINES

Planning & Building Services Department

140 Charmaine Road, Woodbridge. Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream Other - Other -

THE CORPORATION OF THE MUNICIPALITY OF MISSISSIPPI MILLS COMMITTEE OF ADJUSTMENT AGENDA

377 Poetry Drive, Woodbridge HUMPHRIES PLANNING GROUP INC. Condition of Approval Building Standards B020/14 A074/14 B020/14 B020/14

Please read the entire application form prior to completing

Township of North Stormont Agenda Committee of Adjustment Tuesday, August 1, 9:00 AM Council Chambers

Official Plan* [ ] Zoning By-law No. [ ] Both [ ] 2.* What is the purpose of and reasons for the proposed amendment(s)?

Item #7 Ward #1. File: A244/ Richard Lovat Ct. Kleinburg. Staff Report Prepared By: Adriana MacPherson. Adjournment History: None

SALE OF LAND BY PUBLIC TENDER

Date: February 26, Mayor and Council. Robert Brown, H. Ba, MCIP, RPP Manager, Planning Services

City of Kingston Report to Committee of Adjustment Report Number COA

FOR TOWN USE ONLY. Fifteen (15) reduced copies of the proposed draft plan of subdivision or condominium (either 8 ½ x 11 or 8 ½ x 14 format).

Marilyn Curson, Lynn Brown and Gwen Brice

Applicant: RAFFIC AND BIB MOHAMED. 95 Flushing Avenue, Woodbridge

Applicant: ELVIO AND VICKI DE MENEGHI. 8 Quail Run Boulevard, Maple

The Corporation of the Township of Otonabee-South Monaghan. Public Meeting - Section 34 Zoning By-law Amendment. Monday, January 8, 6:00pm

The Corporation of the Township of Oro-Medonte

CITY OF STRATFORD NEW COMPREHENSIVE ZONING BY-LAW REVIEW

HALDIMAND COUNTY COMMITTEE OF ADJUSTMENT MINUTES Tuesday, November 20, 2018

Applicant: ROYAL 7 DEVELOPMENTS LTD Highway 7 West, Vaughan

Planning Rationale in Support of an Application for Zoning By-law Amendment

Application for Minor Variance (Section 45(1) of the Planning Act) Or Application for Permission (Section 45(2) of the Planning Act)

SAULT STE. MARIE NORTH PLANNING BOARD APPLICATION FOR A CONSENT TO CREATE NEW LOTS

Application for Consent Under Section 53 of the Planning Act Committee of Adjustment of the Municipality of Shuniah

File: B001/17, B038/17 & B039/17. Applicant: DI POCE REAL ESTATE HOLDINGS LIMITED 9711 HUNTINGTON RD. KLEINBURG

DYSART ET AL Committee of Adjustment November 12, 2014 at 11:00 a.m. Council Chambers, Haliburton, Ontario

The Corporation of the TOWN OF MILTON

Ward #2 File: B076/14, B077/14, A319/14 & A320/ Trade Valley Drive, Woodbridge. RYAN MINO-LEAHAN/ADAM GROSSI KLM Planning Partners Inc.

PLANNING REPORT. 33 Arkell Road City of Guelph. Prepared on behalf of OHM Arkell Inc. August 4, Project No. 1327

CONSENT APPLICATION FORM

TOWNSHIP OF GEORGIAN BLUFFS APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW

Municipal Planning Services Ltd Chris D. Jones BES, MCIP, RPP 51 Churchill Drive, Unit 1 Barrie, Ontario L4N 8Z5

Applicant: GIOVANNI PAOLO CALLIPO and NIKI CALLIPO. 40 Christina Ciccolini Court, Woodbridge

EXPLANATION OF PROCEDURE TO BE FOLLOWED PRESENTATION OF APPLICATION FOR ZONING BY-LAW AMENDMENT

For Help. Address Postal Code Fax No. Concession Number(s) Lot Number(s) Registered Plan No. Lot(s)/Block(s)

THE CORPORATION OF THE MUNICIPALITY OF MISSISSIPPI MILLS SITE PLAN CONTROL APPLICATION FORM Procedure Guide June 12, 2017

City of Kingston Report to Planning Committee Report Number PC

Committee of Adjustment Agenda

Planning staff be directed to assemble the necessary amendment package to forward to the Region for approval.

These matters are addressed in this report and other technical reports provided with this submission.

ZONING ORDINANCE: OPEN SPACE COMMUNITY. Hamburg Township, MI

Planning Department Oconee County, Georgia STAFF REPORT

PLANNING RATIONALE REPORT

Committee of Adjustment Public Hearing Wednesday, April 22, 2015 Council Chambers, City Hall - 5:00 p.m. Agenda

REPORT ON SUBDIVISION WITHIN THE AGRICULTURAL LAND RESERVE FILE NO. 220/2013

8 Lester B. Pearson Street, Kleinburg

AGENDA COMMITTEE OF ADJUSTMENT

APPLICATION FOR CONSENT

The purpose of this application is to permit a "garden suite" for the applicant's parents.

Applicant: ONTARIO INC. JOE NUOSCI. MARK MCCONVILLE Humphries Planning Group Inc.

Report to: Development Services Committee Report Date: October 5, 2015

TOWN OF CALEDON Committee of Adjustment Hearing Minutes Wednesday, October 14, :00 p.m. Council Chamber, Town Hall

Recommendations. Presented To: Planning Committee. Meeting Date: Tuesday, Feb 05, Report Date: Tuesday, Jan 15, 2008.

40 HERITAGE ESTATES ROAD, MAPLE GOFFREDO VITULLO & ROBERT VITULLO

instructions for consent application

Applicant: ROYAL 7 DEVELOPMENTS LTD 2900 HIGHWAY 7 WEST, CONCORD. LUKA KOT Royal 7 Developments Inc.

2 Monteverde Way, Woodbridge. Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream Other - Other -

Planning Rationale in Support of an Application for Plan of Subdivision and Zoning By-Law Amendment

CONSENT APPLICATION GUIDE

Anyone speaking to the Planning Commission shall state their name and address for the record. Thank you.

Transcription:

Community and Strategic Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A 01-15 APPLICATION FOR MINOR VARIANCE TO: Township of South-West Oxford Committee of Adjustment MEETING: February 3, 2015 REPORT NUMBER: 2015-37 OWNER: 1058518 Ontario Inc. (R & D Garfat Farms) 474341 Dodge Line, R.R. #1 Woodstock ON, N4S 7V6 VARIANCE REQUESTED: Relief from Section 8.2.2 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-2105. The lands are located on the northwest corner of Dodge Line and Rivers Road and are municipally known as 474341 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.

File Number: A 01-15 Report Number 2015-37 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, 2015. 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 2015. The Township s Chief Building Official, Township Drainage Superintendent, Township Works Department and County Public Works Department had no concerns with the proposal.

File Number: A 01-15 Report Number 2015-37 Page 3 (c) Public Consultation: Public Notice was sent to the neighbours on January 13, 2015. 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 3.1.1 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 8.2.2 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.

File Number: A 01-15 Report Number 2015-37 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 2015. 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 1058518 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 474341 Dodge Line, as it relates to: 1. Relief from Section 8.2.2 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 2015-37, 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. 25-98; desirable for the appropriate development or use of the land, building or structure;

File Number: A 01-15 Report Number 2015-37 Page 5 (iii) iv) in-keeping with the general intent and purpose of the Township of South-West Oxford Zoning By-law No. 25-98; 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

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 0 178 356 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

Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Notes 0 102 203 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

Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Notes 0 32 64 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

Site Photos A-01/15 1058518 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