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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 . . .2 1U (c} 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. . . .3 U C� ) 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 L1C 3K5 rn Z, ------------------ w U) > a .� --- D ----- ------- - s---- ---- _ c- IM 0 rn OD 0 —4 CONCESSION 4 CONCESSION 5