TOWNSHIP OF NORTH GLENGARRY Committee of Adjustment Hearing Monday, April 27th, 2020 THE CORPORATION OF THE TOWNSHIP OF NORTH GLENGARRY Committee of Adjustment Hearing Monday, April 27th, 2020 at 6:30 p.m. via Zoom Online Meeting: Any public wishing to speak need to register with the Township prior to the meeting. AGENDA The Council of the Township of North Glengarry would like to advise the public that this meeting is or may be recorded by either the press or any other individuals, but not by the Township. 1. DISCLOSURE OF CONFLICT INTEREST 2. ACCEPT THE AGENDA (Additions/Deletions) ® (Brenda) 3. RATIFY MINUTES - N/A 4. MINOR VARIANCES a) Franz Suter MV-02-2020 ® (Jeff) 5. OLD BUSINESS 6. NEW BUSINESS 7. NOTICE OF MOTION 8. ADJOURNMENT ® (Johanne) 1. DISCLOSURE OF CONFLICT INTEREST 2. ACCEPT THE AGENDA CORPORATION OF THE TOWNSHIP OF NORTH GLENGARRY DATE: April 27th, 2020 RESOLUTION # _________ MOVED BY: _______________________________ SECONDED BY: _____________________________ That the Council of the Township of North Glengarry accepts Committee of Adjustment Hearing agenda of Monday, April 27th , 2020. Carried Defeated Deferred _______ ________ ________ ______________________ MAYOR / DEPUTY MAYOR YEA NEA Deputy Mayor: Carma Williams ____ ____ Councillor: Brenda Noble ____ ____ Councillor: Jacques Massie ____ ____ Councillor: Jeff Manley ____ ____ Councillor: Johanne Wensink ____ ____ Mayor: Jamie MacDonald ____ ____ 3. RATIFY MINUTES N/A 4. MINOR VARIANCES CORPORATION OF THE TOWNSHIP OF NORTH GLENGARRY RESOLUTION # _________ DATE: April 27th, 2020 MOVED BY: _______________________________ SECONDED BY: _____________________________ That the Committee of Adjustment approve Minor Variance application MV-02-2020, with the following conditions: 1. Establishing or re-establishing the straw cover after emptying and land applying the liquid manure from the cement manure storage pit. 2. In addition to the first condition requirement, the applicant will be required to maintain the straw cover after disruptive weather events, such as storms. 3. The applicant shall adhere to the Farming and Food Production Protection Act (FFPPA), regarding nuisance complaints, and to the regulations of the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). 4. The applicant will be required to create a tree buffer along the West lot line, by closely following the guidance and recommendations of the Raisin Region Conservation Authority; a buffer zone of trees measuring 50’ x 600’ with 5 rows of trees; planted 6’ x 8’. Carried Defeated Deferred _______ ________ _______ ______________________ MAYOR / DEPUTY MAYOR YEA NEA Deputy Mayor: Carma Williams ____ ____ Councillor: Brenda Noble ____ ____ Councillor: Jacques Massie ____ ____ Councillor: Jeff Manley ____ ____ Councillor: Johanne Wensink ____ ____ Mayor: Jamie MacDonald ____ ____ TOWNSHIP OF NORTH GLENGARRY STAFF REPORT COMMITTEE OF ADJUSTMENT Date: April 27th, 2020 To: Committee of Adjustment Members _____________________________ From: Kasia Olszewska, Planner _____________________________ Sarah Huskinson, CAO ______________________________________________________________________________ Re: Minor Variance MV-02-2020 Owner: 1024848 Ontario Inc. (Franz Suter) Location: (Concession 5, W Pt Lot 27) 20905 County Road 21, Alexandria, ON Official Plan designation: Agricultural Resource Lands Zoning designation: General Agricultural (AG) and Restricted Agricultural (AR) Purpose of the Application: The applicant is seeking relief from Section 3.12 and Section 11.3(b) of the Township of North Glengarry Zoning By-law to permit construction of a proposed cement manure storage in the proposed location next to the existing barn. The manure storage will be circular in shape and will have a diameter of 67m (220 feet). The applicant is in the process of applying for building permit to construct a new dairy barn, however it does not require a minor variance since it will be located beyond the required MDS II setback, and thus it is not part of this application. The subject lands comprise an area of approximately 85 acres (34 hectares) of land and contain agricultural land in production, farm buildings and an existing single-detached farm dwelling. A dairy barn and several other smaller farm buildings are located on the subject lands as part of the existing livestock operation. The subject lands front on and have direct access to Lochiel Road (County Road 21). The lands have been used for agricultural purposes for over 30 years. The surrounding lands uses are General Agricultural (AG) to the north, east and west, and General Industrial (MG) as well as Restricted Agricultural (AR) to the south. A single detached dwelling is located west of the subject lands, on the north side of County Road 21. See Figure 1, Location Map and Existing Zoning, showing the location of the subject lands and surrounding properties with zoning information. This application is to seek relief from Section 3.12 in the Zoning By-law to reduce the required Minimum Distance Separation (MDS II) setback requirement for the proposed structure (manure storage), from the required 384.7 metres (1262 feet) to the proposed 247.9m (813 feet) to the nearest Type A Land Use (West neighbour dwelling). See Figure 2, Applicant’s Sketch, showing the distance from the proposed manure storage to the neighbour's residence, a single detached dwelling. Discussion: The applicant submitted a Minor Variance application for a proposed manure storage building on the subject lands. These land uses are compatible with the proposed structure and the reduction in the MDS II setbacks from the required 384.7 metres (1262 feet) to the proposed 247.9m (813 feet), see Figure 3. MDS II Calculation Sketch. There is an existing dairy barn on the lands, the existing barn will be converted to storage use and housing calves. The livestock cattle will be moved to the new dairy barn proposed to be located beyond the required MDS II distance of 347.5 metres (1140 feet), thus not requiring a minor variance. The new dairy barn will include advanced technology for milk production and improved cattle accommodation. The applicant also has an updated Nutrient Management Strategy that was approved by OMAFRA, for both the future barn and the proposed manure storage. The report addresses environmental concerns and details the requirements for manure spreading. The Minimum Distance Separation (MDS II) between the proposed manure storage and the existing west neighbour dwelling is reduced from 384.7 metres (1262 feet) to the proposed 247.9 metres (813 feet), thus a Minor Variance is required. Provincial Policy Statement (2014) The proposed use if consistent with the PPS (2014), and the Minor Variance application may provide a relief in the required minimum distance separation formulae. 2.3.3.1 In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture- related uses and on-farm diversified uses. 2.3.3.2 In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 2.3.3.3 New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. Provincial Policy Statement (2020) The Provincial Policy Statement that will be in effect in May 2020. The proposed use if consistent with the PPS (2020), and the Minor Variance application may provide a relief in the required minimum distance separation formulae. Policies that apply to this application read the same as PPS 2014 except for Policy 2.3.3.3: New land uses in prime agricultural areas, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. Four Tests of the Minor Variance: Planning Act Section 45(1) The Committee of Adjustment may approve any variance provided, in their opinion, the variances: 1. Comply with the intent and purpose of the Official Plan. In the Agricultural Resource lands designation, lands are to be developed for a wide variety of agricultural land uses, including general farming, animal or poultry operations, 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. (Section 5.3.2) Section 3.5.1.5.1 United Counties of Stormont, Dundas and Glengarry Official Plan states that minor variances to the MDS I and II may be granted based on site specific circumstances and local conditions including: consideration of natural features, natural hazards and man- made hazards, prevailing winds, farm operations, existing buildings and structures, adequate buffering; any combination of which warrant a reduction in the required MDS setback; and for circumstances that mitigate environmental or public health and safety impacts. The use of the lands for raising livestock and associated on-farm buildings and structures, necessary to the farming operation, including manure storage facilities, conforms to the relevant policies of the United Counties of Stormont, Dundas and Glengarry Official Plan 2018. 2. Comply with the intent and purpose of the Zoning By-law. 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