Report Template

2. DRAFT CHANGES TO THE MINIMUM DISTANCE SEPARATION FOR
RURAL DEVELOPMENT

MODIFICATIONS PRÉLIMINAIRES À LA DISTANCE MINIMALE DE
SÉPARATION CONCERNANT L'AMÉNAGEMENT RURAL

COMMITTEE RECOMMENDATIONS

That Council:

Receive this report for information;

Direct staff to advise the Ministry of Agriculture, Food and Rural Affairs that the City supports the reformulated Minimum Distance Separation (MDS) and the associated guidelines; and

3. Direct staff to work with the Ministry of Agriculture, Food and Rural Affairs to develop mechanisms whereby historic barns, not used to accommodate livestock, can be exempted from the MDS.

RecommandationS du comité

Que le Conseil municipal :

1. de prendre connaissance du présent rapport;

2. d'enjoindre le personnel de faire savoir au ministère de l'Agriculture, de l'Alimentation et des Affaires rurales que la Ville appuie les modifications à la distance minimale de séparation (DMS) et les lignes directrices connexes;

3. d'enjoindre le personnel de travailler avec le ministère de l'Agriculture, de l'Alimentation et des Affaires rurales en vue d'élaborer des mécanismes permettant de faire en sorte que les granges historiques, qui ne sont pas utilisées pour le bétail, soient exemptes de la distance minimale de séparation (DMS).

Documentation

1. Deputy City Manager, Planning and Growth Management report dated 31 January 2006 (ACS2006-PGM-POL-0015).

2. Extract of Draft Minutes 21, Agriculture and Rural Affairs Committee meeting of February 23, 2006.

Report to/Rapport au :

Agriculture & Rural Affairs Committee

Comité de l'agriculture et des questions rurales

and Council / et au Conseil

31 January 2006 / le 31 janvier 2006

Submitted by/Soumis par : Ned Lathrop,

Deputy City Manager/Directeur municipal adjoint,

Planning and Growth Management/Urbanisme et Gestion de la croissance

Contact Person/Personne ressource : Richard Kilstrom, Manager, gestionnaire

Community Planning and Design/Aménagement et conception communautaires

Planning and Growth Management / Urbanisme et gestion de la croissance

(613) 580-2424 x 22653

Ref N°: ACS2006-PGM-POL-0015

SUBJECT:	DRAFT CHANGES TO THE MINIMUM DISTANCE SEPARATION FOR RURAL DEVELOPMENT

OBJET :	MODIFICATIONS PRÉLIMINAIRES À LA DISTANCE MINIMALE DE SÉPARATION CONCERNANT L'AMÉNAGEMENT RURAL

REPORT RECOMMENDATION

1. That the Agricultural and Rural Affairs Committee recommends that Council:

3. Receive this report for information;

5. Direct staff to advise the Ministry of Agriculture, Food and Rural Affairs that the City supports the reformulated Minimum Distance Separation (MDS) and the associated guidelines; and

7. Direct staff to work with the Ministry of Agriculture, Food and Rural Affairs to develop mechanisms whereby historic barns, not used to accommodate livestock, can be exempted from the MDS.

RECOMMANDATION DU RAPPORT

Que le Comité de l'agriculture et des affaires rurales recommande au Conseil :

1. de prendre connaissance du présent rapport;

BACKGROUND

The Ministry of Agriculture, Food and Rural Affairs has posted notice on the Environmental Bill of Rights web site announcing that revised Minimum Distance Separation (MDS) formulae are available for review and comment. Comments must be received by January 28th 2006. The Ministry is aware that the City will be late in responding.

This report reviews the changes proposed to these formulae and the implications of these changes for the City of Ottawa. A copy of the draft Minimum Distance Separation has been distributed separately. A copy of the MDS is also on file with the City Clerks Office or it can be viewed on the Ministry of Agriculture, Food and Rural Affairs' website at www.omafra.gov.on.ca.

What are the MDS ?

The MDS determine the appropriate distance separation between farming operations that involve livestock, and non-farm development or uses. Requiring a separation is means to reduce nuisance complaints due to odour and thereby reduce potential land use conflicts in rural areas. The use of separation distances in this manner began in the early 1970s. The Ministry introduced the current MDS guidelines in 1976 and some updating occurred in 1995. The Ministry now proposes to replace the current MDS with a far more comprehensive update that reflects changes that have occurred in farming practice.

Typically the MDS are implemented through municipal plans and zoning by-laws and are applied during development review or prior to building permits issuance (i.e. new or expanded livestock facilities, new dwellings, new lots and /or village and urban expansions).

Two formulae are used to determine the minimum separation where:

new development is proposed adjacent to existing livestock facilities and/or permanent manure storage facilities. This formula, known as MDS I, is typically applied when new development such as a severance or rezoning is proposed close to a livestock barn on the same or adjacent property; and

new or expanded livestock facilities and/ or permanent manure storage is proposed adjacent to existing development. This formula, known as MDS II, applies to farming operations close to existing dwellings or a settlement area such as a village or urban area. This formula would apply in cases such as the Sarsfield Hog farm.

What are the changes to the MDS ?

The revised formulae and guidelines have been prepared in consultation with agricultural organizations, commodity groups, municipal organizations and planners, building officials and municipal politicians. There are a number of changes proposed in the draft MDS formula and associated guidelines. The most significant include:

Clearer implementation guidelines to achieve consistency;

Guidance and information to assist Committees of Adjustment and municipalities to evaluate variance requests;

Use of 'Nutrient Units' instead of 'Livestock Units' as the basis of separation distances;

Establishment of an absolute minimum distance between livestock barns and houses;

Larger separation distance where warranted (i.e. for hobby farms with livestock and commercial-sized operations that generate significant odours).

The use of 'Nutrient Units' rather than converting animals or birds to 'Livestock Units', which is the approach taken by the existing formulae, allows the MDS to also evaluate other odour sources such as animal waste disposal systems (anaerobic digester systems), and allows these formulae to dovetail with other Provincial initiatives such as the Nutrient Management Act.

For the purpose of the proposed MDS calculations, the smallest size of livestock facility is deemed to be five 'Nutrient Units (NU)'. The tables associated with the MDS indicate that 5 NU is the equivalent of 5 medium-sized horses, 100 swine (weaners) or 20 ostriches as an example. These minimum requirements bring many hobby farming operations under the influence of MDS requirements for the first time.

The separation distance is a function of the actual or potential nutrient units derived from: the number of animals; the barn or property capacity; and the contribution of animal waste storage facilities. Under the new formulae, the minimum separation distance will not be less than 70 metres. By contrast, the current MDS calculations permit a lesser or no separation distance. For larger commercial-sized operations, the separation distance may increase significantly depending upon the type of animal housed. Hog and poultry farms are well known to produce odours and increases in the minimum separation distance around these operations should be expected under the proposed changes.

The Ministry is also renewing its encouragement to municipalities to apply MDS to existing 'lots of record'. This could result in owners of severed lots not being able to get a building permit where the house could not meet the separation distance.

The City's Official Plan specifically exempts 'lots of record' from meeting the MDS formula for this reason. Fortunately, in the past the City of Ottawa has consistently applied the MDS formula for new lot creation and as result, there are not many current instances where this would be an issue. However, with the proposed increase in separation distances for some livestock operations, the incidence of this situation may increase. At this time no change to the current Official Plan policy is proposed.

The new guideline provides that MDS I should only be varied when considering building construction on an existing lot and based upon site-specific circumstances. The separation distance should not be varied to create a new lot or to amend an Official Plan provision or zoning. Variances to MDS II that determine the separation distance required for expanding livestock facilities would be considered, on site-specific conditions, as is currently the case.

The removal of old barns, in order to avoid the application of the Minimum Distance Separation, is a concern. The demolition of old barns occasionally occurs where the barn prevents a landowner from severing a lot and the barn is no longer used for livestock or is replaced with a newer building elsewhere on the farm. MDS continues to apply to the barn where it retains the capacity to be used for livestock. Many of these buildings add character to Ottawa's countryside and their loss should be prevented wherever possible.

At its meeting of 22nd September 2005 the Agriculture and Rural Affairs Committee requested that consideration of the alternative use of barns receive some attention by staff and the Committee. Staff have been reviewing the current situation in Ottawa and will report to the Agriculture and Rural Affairs Committee on this matter, as well as work with the Ministry on this issue.

The proposed MDS are no more complicated to understand or use than the current MDS. The Minimum Distance Separation have been applied in the city for some time and the proposed changes recognise, in a more equitable manner, the needs of both the farming and non-farming communities in the city and reflect changes in many livestock operations in recent years. The only concern that should be passed on to the Ministry is the need for a mechanism to preserve older barns by exempting them from the formula where the owner undertakes to retain the building for another use that does not involve livestock.

RURAL IMPLICATIONS

The draft formulae appear to be far more equitable in determining the impact of farming operation on non-farm development and vice-versa. The formulae have been developed in consultation with the farming community for this reason.

There is a greater likelihood that new lot creation, as the most common non-farm development in the rural area, will be impacted by the increase in separation distances. This is an advantage to farmers in that the MDS mitigates complaints about existing farm operations and can allow opportunities for growth and change in farm operations. However, the required separation distances may make the process of severing a residential lot more difficult in some circumstances.

The removal of old barns, in order to avoid the application of the Minimum Distance Separation, is a concern that needs to be addressed and some alternative use found for historic barns so that they can be retained and not restrict the landowner's other opportunities. Staff will work with the Ministry in this regard and report to the Agriculture and Rural Affairs Committee on this matter.

CONSULTATION

The Ministry of Agriculture, Food and Rural Affairs is currently consulting on this matter. The City has not initiated any additional consultation.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

Document 1 Draft Minimum Distance Separation (distributed separately and on file with the City Clerk). Can be viewed on the Ministry of Agriculture, Food and Rural Affairs’ website www.omafra.gov.on.ca

DISPOSITION

Staff forward the City’s response to the Ministry of Agriculture, Food and Rural Affairs

COMMITTEE RECOMMENDATIONS

Documentation

REPORT RECOMMENDATION

CARRIED