HomeMy WebLinkAboutPD-168-85 TOWN OF NEWCASTLE
r =' REPORT Fiie #
Res. #
By-Law #
MEETING: General Purpose and Administration Committee/Council Meeting
DATE: November 4, 1985
REPORT #: PO-168-85 FILE #: DEV 84-17
SUBJECT: ONTARIO MUNICIPAL BOARD HEARING
APPEAL BY WILHELM ULRICH
RECOMMENDATIONS:
1. THAT Report PD-168-85 be received for information.
BACKGROUND AND COMMENT:
As the Members of Council are aware, on September 3, 1985 the
Ontario Municipal Board concluded its Hearing in respect of an
appeal by Mr. Wilhelm Ulrich in respect of his application for
rezoning to permit an abattoir in conjunction with an existing
meat-cutting and meat-smoking operation.
On October 28, 1985, Staff received the Board decision allowing the
appeal subject to conditions and directing the Town to submit the
necessary by-law to the Board for approval . A copy of the Board
* decision is attached for the information of the Members of the
Committee.
Respec mitted,
T. . Edwards, M.C.I .P.
Director of Plannin
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*Attach.
October 30, 1985
42
C1 Z840095
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Ontario
Ontario Municipal Board f J
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IN THE MATTER OF Section 34(11) of The OCT ;30 1,485
Planning Act, 1983
AND IN THE MATTER OF an appeal to this Cl:,., -
Board by Wilhelm Ullrich for an order -- ---
directing an amendment to By-law 84-63 as
amended by By-law 84-158 of the Town of
Newcastle to change from Special Purpose
Commercial Exception (C4-9) zone to
Agricultural Exception (A-18) zone with
reference to subsection 6.4.18 to permit
the construction and operation of an
abattoir in conjunction with an existing
meat cutting and meat smoking operation 'on
subject property described as lands located
on Lot 11, Concession 5, former Township of
Darlington (now in the Town of Newcastle)
representing a 73 acre farm owned by
Wilhelm Ullrich
C O U N S E L :
Bryan T. Davies - for Wilhelm Ullrich
David J.D. Sims, Q.C. - for Town of Newcastle
R.N. Poole - for James Slyfield
Jean Anna Fraser Paul Scattergood et. al.
DECISION OF THE BOARD delivered by G.M. HOBART
This is an appeal by Wilhelm Ullrich for an order directing an
amendment to By-law 84-63, as amended by By-law 84-158 of the Town of
Newcastle, to permit the erection of an abattoir. The appellant applied for
such a by-law and the Town refused. _.
The applicant lives and conducts his business on a 73.05 acre property,
situated on part of Lot 11, Concession 5 of Darlington. The land is
designated "Permanent Agricultural Reserve" in the Durham Official Plan.
The District Official Plan designates the land as Rural and it is zoned
Agricultural.
The property is surrounded by ten-acre sites which are primarily used
for residential purposes and the raising of horses. There are also some
farms in the area. The neighbours objected strenuously to the application
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because the Committee that they formed believed that the use was not an
agricultural use, that the noise and odours would be obnoxious, and that the
area was not suited for an abattoir. They viewed this as an extension of a
commercial use.
The Durham Official Plan permits agriculture-related uses in the
Agricultural Reserve designation. The objectors argued that the proposed
abattoir was a commercial use rather than an agricultural related use.
The planner called by the objectors was of the opinion that the
proposed abattoir was an extension of a commercial use, that the odours
resulting from the slaughtering operation would be obnoxious to the
neighbours and that because of the residential use of the area, particularly
on the 10-acre parcels, the impact would be unfavourable.
Terrence Edwards, the planner for the Town of Newcastle, testified that
the proposal conformed with the Official Plan, that the Regional
Municipality of Durham, the Ministry of Agriculture and Food and the Local
Health Unit had no objections to the proposed abattoir.
Nestor Chornobay, a planner with the Operations Branch of the Regional
Municipality of Durham, testified that the application conformed with the
Durham Official Plan because he considered it to be a farm-related use.
Dale Toombs, a land use specialist with the Food Land Preservation
Branch of the Ministry of Agriculture and Food, testified that the
application conformed with the Food Land Guidelines. He further stated that
an abattoir does not contain live animals, and the Agricultural Code of
Practice does not apply. The size of the proposed building is such that the
loss of land underneath it is not a consideration. In any event, because
the abattoir is a farm-related use, the Guidelines as to loss of
agricultural land, do not apply. He stated that abattoirs should not be
located in hamlets or villages or towns but should be located in the
country-side. He testified that an abattoir was not an obnoxious use.
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Mr. Toombs indicated that as a casual observer odours did not emanate
from the abattoirs with which he was familiar.
Joseph Ferren, a supervising meat inspector employed by the Meat
Inspections Branch of the Ministry of Agriculture and Food, testified that
there were approximately eight slaughter-houses in the Region of Durham. He
testified that when an existing plant is putting on an extension he checks
the plans to ensure conformity with Ministry requirements. He testified
that the proposal would conform with all the requirements of the Ministry of
Agriculture and Food with respect to meat inspection. He said that the only
odour would be from manure in the holding pens and that the manure was
ordinarily spread on the land of the farm or trucked to another farm. The
inedible offal disposal is regulated by the Department and must be delivered
to a plant licensed under the Canada Agriculture or Dead Animal Disposal Act
of Ontario. The inedible offal must be kept in a separate room which was
often refrigerated and that was the plan for the proposed slaughter-house.
He said that there was no odour problem with a slaughtering plant from a
distance of 200 or 300 feet. His evidence was that if the plant is
maintained in a clean sanitary condition, there is no reason for odours
except when the manure is spread, and this would be normal in any farming
operation. He testified that there were three abattoirs in the area, one
fifteen miles to the west on Highway 7 near Port Perry and one at Ponty Pool
and one east of Port Hope.
Mr. Wilhelm Ullrich testified that he had a farm of approximately 74
acres. If he was permitted to do so, the proposed slaughter-house could be
erected close to or adjacent to his existing meat cutting and meat smoking
operation. He testified that he usually had about twenty cattle on his
farm. He buys cattle which are three-quarters finished. He feeds them, and
after they have gained the required amount of weight, has them slaughtered.
He stated that the closest slaughter-house was seventeen miles away in Ponty
Pool. His business was custom cutting and wrapping and his customers
requested him to build an abattoir on the premises. He stated he would
process fifteen to twenty animals per week. His busy time was in the fall.
The rest of the year he was much slower.
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Mr. J. Schmegmer testified that he operated a mink operation some four
miles distant. He stated that he could use all of the waste from Mr.
Ullrich's operation, and that if he didn't, there were seven other mink
farmers in the area who would. He stated that the slaughter-house as
proposed by Mr. Ullrich was a worthwhile addition to the agricultural
community.
Mr. Karl Schwartz, a farmer in the area, testified that if he could use
the services of Mr. Ullrich's proposed slaughter-house, it would save him a
lot of time and money as opposed to driving to Ponty Pool.
Gordon Barrie, a farmer in the Town of Newcastle and president of the
Durham Federation of Agriculture, speaking on behalf of that organization,
stated that the abattoir was part of the agricultural chain and you couldn't
have cattle if you didn't have slaughter-houses.
John Bomsma, a farmer in the Town of Newcastle who operates a
2,000-acre farm and has a feedlot operation consisting of 2,500 to 3,000
cattle, stated that if there were no small local abattoirs, that the farm
could not exist. He often has animals that break a leg or are otherwise
injured. Such animals are taken to the local abattoir to be killed under
inspection.
Lawrence Avery, a feedlot operator in the Town of Newcastle who
operates a cow-calf farm, stated that he would use the Ullrich abattoir as
it would save him the drive to Welcome, a distance of twenty miles.
Mr. Michael Mofeed, Commissioner of Planning for the Durham Region,
stated that in his opinion the application conformed with the Official Plan,
and that an abattoir that slaughtered fifteen cattle a week was definitely a
farm-related use.
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Mr. Neil Dekoker, the operator of the abattoir at Ponty Pool who
slaughtered 650 cattle and 600 pigs each year testified that he was 100 per
cent busy in September and October and 65 per cent busy the rest of the
year. He stated that there was no odour from his abattoir, otherwise he
would be closed up.
Given the size of the proposed operation, the evidence is clear that
the abattoir as proposed by Mr. Ullrich is a farm-related use. It is
located in an agricultural area surrounded by homes that under present day
regulations would not be permitted in this prime agricultural land area.
The objectors located on this land because they wanted an urban and country
style of living and indeed most of them keep horses on their own property.
The Board is satisfied that noxious odours would not emanate from the
proposed abattoir and that the use would be compatible with a surrounding
agricultural area. The Board is also satisfied that there is a need for
such a use in this particular area and it would be a benefit to the farming
community in and around the Town of Newcastle.
The Board will therefore allow the appeal subject to the following
conditions:
1. the building be located adjacent to but not necessarily connected with
the existing meat processing operation,
2. the offal room be refrigerated,
3. the proposed building be subject to a site plan agreement between the
Town of Newcastle and the applicant, and
4. the building is restricted in size to 1,800 square feet inside
dimension or in accordance with the plans submitted as Exhibit 15 by
the applicant.
Counsel for the Town indicated that if the appeal was allowed, that the
Town and the appellant would draw up the necessary by-law and submit it to
the Board.
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The Board will then amend By-law 84-63 as amended by By-law 84-153 in
accordance with the draft submitted by the Town and the appellant.
In the event of problems, the Board may be spoken to.
DATED at Toronto this 28th day of October 1985.
LANCASTER
VI -CHAIRMAN
G.M. HOBART
MEMBER
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