HomeMy WebLinkAboutPD-29-86 J'
TOWN OF NEWCASTLE
REPORT File #rat
Res.
By-Law #
MEET ING: General Purpose and Administration Committee
DATE: February 3, 1986
REPORT #: PD-29-86 FILE #: OPA 85-50/D
SUBJECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN
BLAIR AND ELSPETH MCMULLEN
PART LOT 9, CONCESSION 5, DARLINGTON
FILE: 85-50/D
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-29-86 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends that
Official Plan Amendment application 85-50/D, submitted by Blair and Elspeth
McMullen, be denied; and
3. THAT a copy of Staff Report PD-29-86 and Council ' s decision be forwarded to the
Region and the applicant.
BACKGROUND:
On October 8, 1985, the Town was advised by the Region of Durham of an application
submitted by Blair and Elspeth McMullen to amend the Durham Region Official Plan to permit
the establishment of a commercial kennel on a 4.2 hectare (10.39 acre) parcel of land
located in Part of Lot 9, Concession 5, former Township of Darlington. The Regional
Official Plan designated the site "Permanent Agricultural Reserve". Within this
designation, the use of land for any purpose other than agriculture and farm-related uses
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REPORT NO. : PD-29-86 Page 2
is not permitted (Section 11.2.2) . A kennel is not included within the
Plan' s definition of "agriculture and farm-related uses" (Section 11.2.3) .
In accordance with departmental policy, the application was circulated to
various departments and agencies for comment. As well , the Regional
Planning Department provided copies of comments received through their
circulation of the application. None of the agencies circulated, indicated
any concerns with the application.
COMMENT:
Although the Durham Regional Official Plan does not permit kennels within
the "Permanent Agriculture Reserve", kennels are specifically listed as
being permitted within the "General Agriculture" (Section 11.2.4) and the
"Major Open Space" (Section 12.2.2) designations. The exclusion of kennels
from the "Permanent Agriculture Reserve" is consistent with the Official
Plan' s policy of preserving the permanent agriculture reserve for purely
agricultural and farm-related purposes. This policy is demonstrated by
Section 6.2.1 (b) which places an emphasis on the creation of large blocks
of permanent agriculture reserve void of non-farm related development.
The Official Plan' s policy of excluding non-agricultural uses from the
"Permanent Agriculture Reserve" is reflected in By-law 84-63, the Town of
Newcastle Comprehensive Zoning By-law. Within the "A-1 (Agricultural
Special Exception One" ) zone, which corresponds with the "Permanent
Agriculture Reserve", commercial kennels are not permitted. Commercial
kennels are, however, permitted within the "A (Agriculture)" zone, which
corresponds with the general agricultural area and "Major Open Space"
designations. By-law 84-63 defines a commercial kennel as a building where
more than three (3) dogs are bred, boarded or trained for profit or gain.
In contrast, a private kennel , which is permitted in the "A-1" zone, is
defined as a building where more than three (3) dogs are kept, bred or
trained for the personal recreational use of the owner of the land.
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REPORT NO, : PD-29-86 Page 3
Inasmuch as the subject property is zoned "A-1" by By-law 84-63, the
applicant would also need to apply for a rezoning should the Official Plan
Amendment application be approved. The provisions of the "A-14" zone, which
was established in By-law 84-63 to recognize existing commercial kennels in
the "Permanent Agriculture Reserve", states that a commercial kennel shall
not be located within 300 metres of a dwelling unit located on adjacent
lands which are held under distinct and separate ownership. Staff notes
that there is an existing residential dwelling on the lot immediately to the
east of the subject property. Although it would be physically possible to
locate the proposed kennel on the applicant' s lot, it would have to be
located a minimum of 240 metres (800 feet) from the applicant' s house in
order to meet the 300 metre separation distance requirement. Dwelling units
are also located on the adjacent lots fronting on the south side of Taunton
Road. The lands to the west and to the north of the subject property are
vacant. Staff note further that the subject property is flat with very
little vegetated cover to act as visual barrier between the subject lot and
surrounding properties, although there is a thin line of bushes and trees on
a portion of the boundary with the lot to the east.
Inasmuch as the proposed Official Plan Amendment conflicts with the intent
of the Durham Regional Official Plan, with respect to the use of land within
the "Permanent Agriculture Reserve", as well as the provisions of By-law
84-63 with respect to commercial kennels, it is recommended that the Region
of Durham be advised that the Town of Newcastle recommends that Official
Plan Amendment application 85-50/D be denied.
Respectful submitted,
T.T. Edwards, M.C. I .P.
Director of Planning
JAS*TTE*j i p
*Attach.
January 14, 1986
Applicant: Mr. & Mrs. B. McMullen
R.R. #4
BOWMANVILLE, Ontario
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