A rezoning application for the Angelstone property in Erin has come to council preceding the 2016 tournament season.
Angelstone Farms Inc. is seeking a zoning amendment to allow the property on Wellington Road 50 northeast of Rockwood to be used for equestrian competitions, camping for staff necessary for the care and security of horses, and the sale of related equestrian merchandise, food and beverages, explained Wellington County planner Gary Cousins.
The application for the rezoning was submitted on Oct. 9 and a public meeting was held on Dec. 1.
Angelstone consultant John Cox and numerous residents attended the meeting, as did lawyers for both Angelstone and neighbours Fred and Nancy Gilbert, who filed an appeal of the 2015 temporary zoning bylaw Angelstone received in June.
“There was a checklist that they as owners and applicants for the zoning had to comply with and those things were done and completed,” said Cox.
He added Angelstone has complied with upgrading of the entrance, drainage improvements and a requirement for fencing along two adjoining properties. The company has also submitted an emergency plan approved by the town’s fire and emergency services department, Cox said, and submitted to the town and county a site plan with requested changes and notations on the location of activities and facilities on the property.
With the implementation of the major events bylaw, Cox said Angelstone was required to implement supervision of parking on site and 24-hour security of the site.
Cox added the public address systems in the stables were removed, an online call system was used, and a number of changes were made to the speakers on the property.
Angelstone acquired the property in 2007 and hosted a number of events between 2011 and 2013.
Town officials received numerous complaints during that time so they decided a rezoning process was required.
In 2014 and 2015, the town passed two temporary use bylaws with respect to Angelstone and put in place a major event bylaw to help regulate aspects of the Angelstone operation that weren’t covered by Planning Act and zoning provisions, explained Cousins.
Noise
In 2015, Erin undertook a monitoring process for the Angelstone operation. Monitors were on site for 133 hours during the 2015 season and a full report was tabled for council’s information on Oct. 20.
Nancy Smith, lawyer for neighbours Fred and Nancy Gilbert, pointed to the monitoring report as evidence that what Angelstone changed was not enough.
“It’s not just the noise from the sound system. That is a major problem, but you will see here that the size and scale of these events causes noise generally … it is not simply the amplification problem, it’s a problem of scale and it’s a problem that it is relentless,” said Smith.
She continued the common law of nuisance in Ontario states one cannot do “something on your property that causes an adverse impact to your neighbour,” she said.
“My submission to you is that you have acted in the public interest starting in 2014 when you gave them a chance to prove to you that they can operate their business … and not cause adverse impact to their neighbours. They did not do that in 2014 and they certainly, given what I’ve taken you through, did not do it in 2015,” said Smith.
“They have failed in their obligation; it’s time for you to say ‘no more chances.’”
Prime agricultural lands
One of the concerns brought up by the Gilberts’ lawyer was the loss of prime agricultural land.
“This is not, in my respectful submission, simply an equestrian competition, this is a full scale special events business,” said Smith.
She asked council if this was their vision for prime agricultural lands in the town. She asked if all the work that was required of Angelstone was related to agriculture and agriculture-related use.
“I ask you to look at the essence of this use and decide in your mind whether it is agriculture or agriculture-related because that is the message that you will send to your community about prime ag,” she said.
Keith Aitken, Angelstone’s southeast neighbours, said he had trouble with the classification of the land as prime agricultural. He added he worked the farm for many years and it was very wet.
“Keean (White, CEO of Angelstone) was the first one that’s really done something with it … I hate to see land go out of what I call production agriculture, but honestly it wasn’t doing a lot the way it was,” said Aitken.
Town resident Anna Spiteri said council should develop a master development plan.
“Until council establishes … what it wants to develop throughout the town of Erin, meaning industrial, commercial and residential, and where it wants to see these developments and how these developments can occur, this application should not be approved,” said Spiteri.
“When its development plan is established, then council will have a better idea of where or whether a business of Angelstone’s nature would fit into the plan.”
However, Cox said agri-tourism is included in the definition of prime agricultural land as set out in the Provincial Policy Statement.
“The nature of what is considered an agricultural area has changed and agri-tourism uses are permitted, on-farm diversified uses are permitted,” said Cox.
Councillor Matt Sammut said council should consider that definition.
“What is absolutely critical, and we’ll be looking at our county planner, (is) to make sure we haven’t gone beyond the definition of prime agriculture,” said Sammut.
Neighbour’s response
Aitken said he was neutral to the decision but told council it needs to look at both sides.
His wife Margaret added she enjoyed going to the Angelstone tournaments and said, “Angelstone, I find, really tries to include the community like the young people that are there.”
Greg Mance, northwesterly neighbour to the Gilberts and Angelstone, said he was also neutral to the decision.
Mance added he had some issues with Angelstone in the beginning and they had been addressed – but noted he is not as severely impacted as the Gilberts.
“I think everybody has a right to do what they want on their property without unreasonable impact. In the Gilberts’ case, they are established long-term residents of the area and Angelstone is the newcomer so I think there’s a bit of an onus on Angelstone to make things right for the Gilberts,” said Mance.
Nancy Gilbert explained rural noise such as tractors and combining is what she expected living in the country.
“Angelstone is not a farm, in my mind … it’s a large commercial entertainment business,” she said. “I have a city in my backyard.”
Three other residents, but not neighbours, attended the public meeting to voice their concerns.
Major events
For the 2016 season, the application contained five proposed dates, June 7 to 12 and 15 to 19; Aug. 16 to 20 and 23 to 27; and Aug. 30 to Sept. 3 – a total of 25 event days.
Cox explained that 2015 was a compressed season, with seven events going on in July and August due to the Pan American Games in Toronto. Only five events are planned this season and a period from mid June to mid August where there would be no events.
“We think that represents a significant reduction in the impact and reduction in the level of activity and therefore the level of impact it will have on the property,” he said.
John Richardson, lawyer for Angelstone, said the company had a successful 2015 season, with riders from around the world in Erin.
“The comments from competitors who came from great distances around the world were all very positive and complimentary in terms of the event and the facilities and the town itself,” Richardson said.
However, Smith said Angelstone had until Sept. 1 to submit its application, but submitted it on Oct. 9.
“They have known about this requirement since June of last year. And you’re told tonight that their zoning application was a month late, they still have noise work to do and you have no assurance when those special events applications will be before you for consideration,” said Smith. “No more chances.”
Councillor Rob Smith added the paragraph to which Nancy Smith referred to about deadlines goes on to state “or as soon as possible thereafter so that town has sufficient time before the proposed commencement of the proposed 2016 events to review the application…”
“So Angelstone isn’t out of bounds when they haven’t gotten in the paperwork as of yet because it says in this statement if someone had continued reading it, you would see they had up until and beyond that,” he said.
Nancy Smith concluded by stating that if council could conclude that the impacts are a result of agricultural related activity, if the impacts are acceptable in a prime agricultural designation and if council could endure these impacts without complaint if they lived at the Gilberts’ residence then they should approve the rezoning.
If not, then she asked council to deny the application.
An Ontario Municipal Board hearing has been scheduled for March 7 at 11am in Erin’s council chamber to hear the Gilberts’ appeal of the 2015 temporary zoning bylaw.
