Centre Wellington council passed two bylaws here on July 14 that released two people from purchases of industrial land in the Fergus industrial park.
Shawn Marsh was supposed to be buying three acres of serviced industrial land for $160,000 at Part Lot 10, Concession 1 of the former West Garafraxa township, and Johnny Garth Wilson was to buy four acres of serviced industrial land for $140,000, also at Part Lot 10, Concession 1.
Economic Development Manager Dave Rushton said in two separate reports to council that Marsh had offered to buy land on the east side of Gartshore and the north side of Gregson Court. That sale was contingent, though, on a zone change that is not proceeding.
Rushton added that Marsh is now considering the purchase of property on the south side of Gregson Court.
He added that Wilson’s purchase, too, was contingent upon a zone change, and that cannot take place. Rushton noted, “Mr. Wilson is not interested in other parcels, in this part of the park, as he wanted frontage on Gartshore Street.”
Rushton explained that the difficulty in the zone change came about because of a farming operation near the industrial park. The provincial government has set a formula for livestock operations and the distances other developments must stay away from them.
Rushton said the farmer had once used the barn for pigs, and then had switched to cattle.
The minimum distance separation (MDS) formula allows development closer to a barn filled with cattle than it does for pigs.
Rushton explained the township hoped for a reduction in the MDS with the cattle operation on site. He explained that in the early 1990s, the town of Fergus annexed the land from West Garafraxa, and, at that time, the MDS regulations kicked in. It is a provincial rule to protect farming operations by forcing development to be a minimum distance from farms and barns. Rushton said there was no MDS for urban lands to the south that contained homes because that area inside the Fergus boundaries had been designated residential. But, Rushton said, the farm owner would have to sign off on ever keeping pigs again in order for the zone change to take place. He explained the farmer is unwilling to do that because he might want to change back to pigs some time in the future. Without his signing off, there can be no zoning change, and no sale of lands.
Rushton noted that a farmer can switch back to a previous agricultural use without any permission needed from a municipality. He added that the only way the restriction can be removed would be if the barn is demolished and not rebuilt.
Council approved the recommendation that the land sales agreements be cancelled.
