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HomeMy WebLinkAboutPD-56-84 Cop,PORATIO N OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M. .1 Director 6)63-2231 HAMPTON,ONTARIO LOB 1J0 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 5, 1994 REPORT NO. : PD-56-84 SUBJECT: OT125,FCONCESOSIONG5, FORMERS PART TOWNSHIP PART L OF CLARKE - FILE: DEV 84-1 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-56-84 be received; and * That the By-law attached to this report to 2. amend By-law 1592, as amended, of the former Township of Clarke , be forwarded to Council for approval at such time as a Site Plan Agreement with the applicant, has been finalized to the satisfaction of Staff. r � t�t REPORT NO. : PO-56-84 Page ?_ BACKGROUND: On January 5, 1984, the Planning Department received an application submitted by Mr. W. Klose to rezone a 4.0 hectare (9.9 acre) parcel of land in Part lot 2.5, Concession 5, former Township of Clarke from "A-Agricultural " to an appropriate zoning to permit the development and operations of an "Exotic Cat Sanctuary" and a Recreational /Fitness Centre. The lot is currently used for a Dog Training School and Kennel and the owner wishes to also continue this use in a reduced capacity. The subject lands are designated "Permanent Agricultural Reserve" in the Durham Region Official Plan. Amendment No. 102 to the Plan, which was approved by the Ministry of Municipal Affairs and Housing on November 30, 1983, specifically permits the development of a recreational facility and private zoo on the subject property. Staff further note that the applicant will be entering into a site plan agreement with the Town with respect to the development of this proposal . In accordance with departmental procedure, the application was circulated to various departments and agencies for comments. The following is a summary of the comments received: The Town of Newcastle Public Works Department "No objection provided the proposed access is reconstructed to conform to the Town ' s Entranceway Policy and Design Criteria. In addition , the cost of the proposed entrance should be included in the Works Cost Estimate of the agreement." . . .3 _�V , Ca> page 3 REPORT NO. : p5-56-84 The Town of Newcastle Fire Department "No objection; however, we would recommend Fire Department vehicle access to all buildictedwith loadaccess imposeddesign fireand ort expect halt or construction .to suppbe surfaced with concrete, asphalt all fighting equpment , ermitting accessibility other material capable of p climatic conditions , have a clear time tofonotOlesstthanal5 times, and have an overhead clearance feet." Region of Durham Health Unit "No objections to the rezoning. However, we do have ervations about the site plan. Change in the building res plus the proposed usage to that of the Fitness Centre, pwi11 result in a sewage flow. It is our increase in the size of the building ' system is considerable increase in the daily age disposal contention that the existing inadequate to cope with the undersized and is thus, stem will be increased sewage flow, and therefore a new sewage disposal required. In order to assess the ethetapplicant should system the/or desegnoa new Consultmng Engineer." retain Ministry of Agri.culture and Food Staff "Given the nature of the present and proposed uses, commend that a condition be attached sufficiient for restraining re suitable and into the requiring fencing their escape animals to the site and preventing neighbouring permanent agricultural reserve designation." In addition, the application was also circu�anedSoociety for Metropolitan olitan Toronto Zoo and the Ontario Hu etrop that the comments. The Metropolitan Toronto Zoo Stot well thought general lay-out of the sanctuary appears out and that staff members who have seen theneralexisting enclosure are favourably impressed by th e 9 cleanliness of the area and the level of construction o of the cleanl ecific comm enclosure walls. The Zoo provided sp these considerations relating the actual animal enclosure; ian agreement with the will be addressed through the site p applicant. • • •4 REPORT NO. : Pf1-56-84 Page 4 The Humane Society recommended that the Private Zoo not be permitted. The Society indicated that this recommendation was based on their lengthy experience with Private Zoos that , because of financial difficulties often encountered , caused the animals to suffer. They also indicated that where animals are not confined in appropriate facilities , there is the chance that either the animals will escape or the public will gain access to the animals, thus putting the public in danger. However, the Society suggested a number of conditions should the proposal be approved. These conditions primarily relate to the operation of the zoo and the accommodation for the animals. Staff note one of the suggested conditions is that the operation be bonded with the Town for $100,000.00 which could be used in the future if the owners are unable to care for the animals properly and it becomes necessary for the Society to intervene. The Society's concerns will also be addressed through the site plan agreement with the applicant. COMMENT: The subject property is currently occupied by the Havelberg Dog Academy, which includes a flog Training School and Kennel Operation. A Pet Cemetery and a single family dwelling are also located on site. The applicant currently maintains an enclosure within which a lion and tiger are confined. The applicant has proposed the development of a Private Zoo on the property, with several enclosures for animals ranging from lions and jaguars, to bears , buffalo and camels. A souvenier building and take-out snackbar are proposed to be included as part of the zoo. As well , the applicant has also proposed the development of a fitness centre. The flog Academy and the Pet Cemetery operations will continue. . . .5 REPORT NO. : PO-56-84 Page 5 Staff note that no objections were raised to the development of the fitness centre. Concerns identified with respect to the proposed access from the Town road and onsite access for fire fighting equipment, as well as the sewage disposal system, are most appropriately addressed through the site plan agreement with the applicant. The most serious concerns identified relate to the proposed development of a Private Zoo. As indicated earlier, the Ontario Humane Society recommended that the proposal not be permitted because of a concern for the welfare of the animals and the safety of the public. However, staff note that the principle of the development of a Private Zoo on the subject property was established through Amendment No. 102 to the Durham Regional Official Plan. Development would be visible from Highway 35/115 and could represent a desirable tourist attraction for the Town . As well , staff have contacted experts in the field of private zoos and, based on the comments received, feel that the proposals can be developed to ensure the animal 's welfare as well as the public 's safety. In particular, staff note that the comments from the Metropolitan Toronto Zoo are quite specific with respect to the requirements for the animal enclosures. Staff have prepared a by-law to rezone the subject property * (attached) to permit the development of the range of uses , most notably the Fitness Centre and Private Zoo. The by-law defines such requirements as the number of onsite parking spaces , yard requirements for the various buildings and, with respect to the Private Zoo, the height of public security fences and the distance between a cage and the public viewing area. More specific requirements such as the . . .6 �a> REPORT NO. : PD-56-84 Page 6 height and type of fencing will be addressed by the site plan agreement. It is recommended that the by-law attached to this report be approved by Committee. However, because some aspects of the proposed development which will deal with the matter of the animal 's welfare and public safety will be dealt with through the site plan agreement, it is further recommended that the by-law not be forwarded to Council for approval until such time as the agreement has been finalized to the satisfaction of staff. Respe ed T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*jip February 15, 1934 *Attach. Applicant : Mr. W. Klose Havelberg Dog Academy R.R. #1 ORONO, Ontario LOB IMO