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(a) new lots for residential uses may be permitted for : 1. a farm retirement lot; 2. a residence surplus to a farming operation; and 3. residential infilling. Mr. Brad Zantingh is part owner of numerous agricultural and agriculture related companies such as JN Ventures Limited and BPS Ventures Inc. which have a land holding in excess of 1,000 acres as well as extensive animal operations. Mr. Zantingh resides on another property and has no use for the dwelling on the subject lands. As a result he would like to dispose of it. This would be permitted by the 2005 Provincial Policy Statement, but not the Lambton Shores Official Plan which has not been updated to reflect the 2005 Policy Statement. The Policy Statement requires that the retained farm parcel be zoned to prohibit the construction of a new farm dwelling on the lands. The applicant has applied for a zoning amendment to prohibit a new dwelling on the farm parcel. As well, the Provincial Policy Statement requires that the creation of a lot for surplus dwelling comply with the Minimum Distance Separation Formulae (MDS). Currently, Mr. Zantingh operates a hog operation on the existing property in the existing barns. He intends on discontinuing the operation if the Official Plan and Zoning By-law amendments are approved and phase out the operation after the approval is in place. The zoning on the remnant farm parcel will prohibit the use of the existing barns for an animal operation. In order to ensure that the animal operation is terminated prior to the new surplus dwelling lot being created, I would recommend that the actual official plan and zoning amendments prescribe that no lot creation can occur until the animal operation has ceased and the manure storage facilities are removed. This will result in any consent approval being subject to this condition. A horse riding stable exists on lands at the corner of Ravenswood Line and Northville Road. According to information in the municipal property file, the stable houses approximately 22 horses and 10 cows. The Minimum Distance Separation Formulae (MDS) requires the horse stable provide a minimum separation from adjacent residential uses of 42 metres. The surplus farm dwelling subject of this application is more 260 metres from the closest building on the lands, which is the riding arena portion of the operation. The Ausable Bayfield Conservation Authority advises that part of the property is subject to flooding and are regulated under the Authority’s Development Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation 147/06. The property has been identified as hazardous due to the flooding and erosion characteristics of the adjacent Golden Creek Drainage works. The available information indicates that part of the proposed lot is not safe due to flooding. A dwelling however pre-exists on the lot and is entirely located within the floodplain and it is noted from review of available information that there is sufficient land on the proposed lot, outside of the identified floodplain to accommodate any future development, including a vehicular access. As a result the Authority does not object to the requested Official Plan and Zoning By-law amendments. 43
-5- PART B – THE AMENDMENT Introduction All of this part of the document entitled Part B - The Amendment, consisting of the following text and attached map, designated Schedule “A” (Land Use Plan), constitutes Amendment No. 35 to the Municipality of Lambton Shores Official Plan. Details of the Amendment The following amendments affect lands shown on Schedule “A” to this Amendment. Section 1.11(e) of the Official Plan for the Municipality of Lambton Shores is hereby amended by adding the following to Section 1.11(e) after section (xiv) ; and (xvii) North Part of Lot 19 and south Part of Lot 20, Concession 6, geographic Township of Bosanquet, and known municipally as 8903 Northville Road a lot may be severed from the farm to accommodate a residence surplus to a farming operation as a result of a farm consolidation, subject to Sections 1.11e) i) to iv) and the following provisions; a) the animal operation existing in the existing barns on the property is discontinued: and b) the manure storage is removed to the satisfaction of the Municipality. Implementation and Interpretation The implementation and interpretation of this amendment shall be in accordance with the respective policies of the Municipality of Lambton Shores Official Plan. 44
Page 1 and 2: THE CORPORATION OF THE MUNICIPALITY
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