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Home My WebLink AboutPD-205-87 TOWN OF NEWCASTLE (d) REPORT File # ~°°/~ Res. -~`~~_ ~ ~'1~ By-Law # Its: General Purpose and Administration Committee DATE: Tuesday, September 8, 1987 T #: PD-205-87 FILE #: 87-s/D CT: OFFICIAL PLAN AMENDMENT APPLICATION - MARY McALPINE PART LOT 18, CONCESSION 4, DARLINGTON FILE: 87-8/D RECOP4NiENDATIONS: it is respectfully recommended that the General Purpose and Administration Committee recommend 'to Council the following: 1. THAT Report PD-205-87 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application 87-8/D submitted by Mrs. Mary McAlpine be denied; and 3. THAT a copy of Council's decision be forwarded to the Region of Durham, the applicant and the interested parties indicated hereto. BACKGROUND: On Nlarch 4, 1987, the Town was advised by the Region of Durham of an application to amend the Durham Regional Official Plan submitted by Mrs. Mary McAlpine. The subject application seeks to permit the creation of one (1) additional residential lot in Part Lot 18, Concession 4, former Township of Darlington (see Key Map). The property is designated "Permanent Agricultural Reserve" by the Durham Regional Official Plan and zoned "Agricultural (A-1)" by By-law 8~-63. ...2 {cd) REPORT NU.: PD-205-87 Page 2 The subject application was circulated to various agencies for comment by both the Town and the Regional Planning Department. The following is a summary of the comments received: Ministry of Agriculture & Food "Staff of the Ontario Ministry of Agriculture and Food have reviewed the above development proposal. Consideration has been given to the proposal in terms of the goals and objections of the Ministry and of the criteria and policies outlined in the Food Land Guidelines. There is a large mink ranch south-east of the subject parcel to be divided. The separation distance to comply with the Agricultural Code of Practice is 44y feet. The separation distance arc encompasses all but a small corner of the proposed new lot. Based on this calculation it is our view the proposal does not comply with the minimum separation distance, therefore the amendment should not be approved." The following agencies indicated no objection to the subject proposal: - Town of Newcastle Public Works Department - Town of Newcastle Fire Department - Central Lake Ontario Conservation Authority - Ministry of Natural Resources - Region of Durham Health Unit As well, a letter objecting to the subject application was submitted by the operator of a mink farm directly to the south of the subject lands. The letter notes the proximity of the proposed new lot to the farm and references complaints from area residents concerning the odour of the farm. * A copy of the letter is attached hereto for Committee's information. COMMENT: The most significant concern identified through the circulation of the Official Plan Amendment relates to the proximity of the proposed lot to the mink ranch to the southeast. As indicated by the Ministry of Agriculture and Food, a significant portion of the lot is sterilized for development by the Agricultural Code of Practice setback, although Staff note that a sufficient building envelope would appear to be available for the ...3 ~~d~ REPORT NO.: PD-205-87 Page 3 construction of a dwelling. Nevertheless, Staff note that the intent of the Code of Practice is to highlight potential conflicts and that the setback specified by the Code r•epr•esents the minimum distance between .conflicting uses and ther•efor•e does not necessar•i l,y r•epr•esent the total area potentially affected by odours. Staff reference the letter from the operator of the mink ranch citing complaints from area residents. Development of a non-farm residential use just beyond the calculated area of influence could potentially limit any expansion of the agr•icultur•al use. In that r•egar•d, By-law 84-63 (Section 3.19c.) specifies a minimum separation of 300 metres from agr•icultur•al buildings housing livestock. This setback would affect the entire area of the proposed lot. Staff also note that the proposed lot lies directly south of the designated Hamlet of Hampton. The boundary between the Hamlet and the agr•icultur•al area is well defined, being Regional Road No. 4. Staff ar•e concerned that allowing non-farm residential uses to develop on the periphery of designated hamlets would bl ur• the boundary between agr•i cul tur•al and non-agr•i cul tur•al uses and woul d set a precedent for• fur•ther• i ntr•usions i nto the agr•icul tur•al area. As noted by the owner of the mink ranch, the malodorous nature of the oper•ati on r•equi r•es a 1 ocati on i n an agr•i cul tur•al area wel 1-removed from residential uses. Schedule "B" of the Durham Regional Official Plan, being the "Tr•anspor•tation Schedule", designated Taunton Road as a "Type A Ar•ter•ial Road". Section 13.2.14 of the Plan specifies that private accesses to Type "A" Ar•ter•ial Roads shall be limited to two (2) access paints per• side per• mile (1.6 km) in r•ur•al areas. Staff note that, between the intersections of Taunton Road with Old Scugog Road and Holt Road, a distance of 1.8 km, there ar•e already seven (7) private accesses onto Taunton Road from the south side. Notwithstanding the fact that a building envelope exists on the proposed lot outside of the setback defined by the Agr•icultur•al Code of Practice, Staff cannot recommend approval of the subject application based on the minimum ...4 ~c~~ REPORT NO.: PD-205-87 Page 4 separ•ati on distance r•equi r•ed by By-1 aw 84-63, the bl ur•r•i ng of the hamlet agr•icultur•al boundary, and the creation of an additional access onto a Regional Ar•ter•ial Road contr•ar•y to the .intent of the Regional Official Plan. It is therefore respectfully recommended that the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application $7-8/D, submitted by Mr•s. Mary McAlpine, be denied. CC : Mr•s . Mary McAI pi ne R.R. #1 HAMPTON, Ontario LOB 1J0 CC: Mr•. Ger•har•d Di efenbach Kiefer Mink Ranch Ltd. R.R. #1 HAMPTON, Ontario LOB 1J0 Recommended for• presentation to the Committee r La r•ence E seff Chief Adm'; 'st •ative Officer ~~d) sus~~~ ~s~ - 22 2 I 20 19 18 I? 16 15 14 13 ~ , CONC. ROAD 6 i 1 ~ 1.q o A_~; 1 ~ 1 I SEE SCHEDULE '7' P ~ W ~ (HAMPTON) ~ V 1 I Z O I ~ ~ TAUNTON ROAD C3-s 1 ~ 1 p ~ z 1 ~'' P ~ Q 0 ~ 1 C 1 ~ Z j , Q I ~ j ~ l D a a l 2 i i 1 O ~ ~~ = c~ O 1 W 1 .. ; EP ~ I 1 ; 12 1 v~ 1 N ~ C~ Z i I 1 ~d /~ 1 ~ 4 EP J 1 1 ~. , --y~--- -- --- - ~- CONC. ROAD 4 o zso g oo ioo o~+ KEY M-~P ~ ~ "' ~ KIEFER R.R. 1, 7"~te Regi anal Municipality of Durham Planning Department c/a Garnissianer of Planning 105 Consumers Drive t~hitby Ont. L 1(V 6A3 MINK RANCH LTD. HAMPTON, ONTARIO LOB 1J0 ~~d> xxat nixx .....-.- ..___._..__.. ._.. _.. _. _. _ . Hatrr~ton aN.F~b{7.1987 ~C~1.~.~~i1_.5~~ _ -- ; ~ -- ~ . .______..___.__-_~ _. ,. _. 1~e :File tda. 87-8~0 ~~ ,c~,., _ ~~> ., .~ r_: ~ ~? - _ ,_ y -;.~1:;-; _ .. Dear Sir _~ ~ _ ,_:r:. tierewi ih we waul d 1 i ke to forward to you ~ $ submission cancerni ng the above-Hated matter. Since the property of the applicant .is located only within 93.75' of the north-west corner of our farm, we would like to express our deepest concerns about the foregoing application. ate have been contacted from the Ministry of Environment i n the past 2 years about camel ai nts from our neighbors concerning the odor of the farm. As we know these complaints came from residents who moved in the neighborhood of our farm just recently and therefore they should have been aware of a mink farm before they moved here. Unfortunately a mink farm can Hat smell like aperfume-plant, will interfere with residential areas, and is therefore located in an agriculture zani ng. On the other hand our farm i s an this property since 1953 and has beet? ~! t7link farm far 33 years. if the Region`s Planning Department is going to support the residential development around our farm we would be very pleased to accept an offer from the Region of Durham to relocate our operation to an other area at there expense, and in exchange far an other parcel of land which will suit our needs. sincerely yours, KIEFER MitdK RANCH LTD. Gerhard Diefenbact-~ -Pr`esiden2-. ~.. i ~ 416-263-8869,/8341 ACCT. NO. 51-0211 BANK OF COMMERCE 142, OSHAWA