HomeMy WebLinkAboutPD-239-89DN: DEJONG
TOWN OF NEWCASTLE
MEETING: General Purpose and Administration Committee
DATE: Monday, October 2, 1989
REIDORT #: PD- 239 -89 FILE #: DEV 88 -22 (18T -87036
SUBJECT: REZONING APPLICATION - JOHN AND JANE DEJONG
PART LOT 15, CONCESSION 3, DARLINGTON
FILE: DEV 88 -22 (18T 87036)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 239 -89 be received;
2. THAT Application to amend the Town of Newcastle Comprehensive Zoning By -law
84 -63, as amended, submitted by John DeJong to permit the development of four
(4) Estate Residential lots be APPROVED; and
3. THAT a copy of Council's decision be forwarded to the Region of Durham
Planning Department and the interested parties attached hereto.
1. BACKGROUND
1.1 On May 16, 1988 Committee considered applications for proposed Plan of
Subdivision and Zoning By -law Amendment submitted by John and Jane DeJong.
The applications were supported and the following resolution approved:
"THAT the implementing Zoning By -law File: DEV 88 -22 be submitted to
Council for adoption at such time when the applicant has delineated the
top of bank to the satisfaction of the Central Lake Ontario
Conservation Authority and that the removal of the "Holding (H) Symbol
be deferred pending execution of the Subdivision Agreement.
X42.
T NO.: PD- 239 -89 PAGE 2
On August 1, 1989 Central Lake Ontario Conservation Authority Staff -
advised the Town that the Authority is satisfied with the delineation of
top -of -bank, as prepared by Biddle and Assoicates. On July 25, 1989,
the DeJong's filed an application for Minor variance from the provisions
of the Town's Comprehensive Zoning By -law in accordance with the
conditions of approval to the Subdivision Application. The variance was
to allow the applicant to establish a, residential use within the 300 m
setback from an agricultural operation as outlined in Section 3.19(c) of
By -law 84 -63.
As noted the Town's by-law requires a 300 m standard setback for any
residential use from all agricultural operations. This setback is
consistant with the Ministry of Agriculture and Food maximum setback
requirements. However, when reviewing the subject applciations,
Ministry Staff calculated that 130 m setback from the existing poultry
operation would be sufficient for the proposed residential use. The
actual minimum separation between the poultry barn and proposed lots is
198 m, providing an additional 68 m buffering between uses and proposing
a variance of 102 M. The Committee of Adjustment at its meeting of
August 24, 1989 denied the variance application.
Staff is now proposing an "Estate Residential Special Exception (RE -7)"
zone in order to expedite the applicant's proposal. The proposed by -law
would comply to all provisions of the "Estate Residential (RE)" zone,
however, in addition would permit a minimum separation of 190 m to any
agricultural operation. Although being undertaken by a different means,
the proposed by -law would achieve the same intention as the minor
variance previously proposed.
It is further noted that no "Holding (H) symbol will be required at this
time, as the applicant has managed to enter into a Subdivision Agreement
with the Town, with respect to the subject lands.
...3
X43
PAGE 3
Recommended for presentation
to the Committee
-- - --_ - -----------------
Lawrence Kotseff
Development Chief A i istrative Officer
e notified of Committee and Council's decision:
& Associates
et East
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1 I DRAFT PLAN OF SUBDIVISION
OF PART OF LOT 15,CONCESSION 3
TOWNSHIP OF DARLINGTON, now In the
TOWN OF NEWCASTLE
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ADDITIONAL INFORMATION REQUIRED
UNDER SECTION 50 OF THE
PLANNING ACT,
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0 R-DENTIAL,S"GLE FAU:.r ESTATE LOTS
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GENERAL NOTES d LAND USE
AREA OF DRAFT PLAN. 1.1 •hA
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DONEVAN AND FLEISCHMANN
COMPANY LIMITED
ONTARIO LAND SURVEYORS
11 ONTARIO SINCE FICHENING IOWN LU4THf
G 130m RADIUS FROM POULTRY BARN
REQUIRED BY MINISTRY OF AGRICULTURE
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300m RADIUS FROM POULTRY BARN
REQUIRED BY BY-LAW 84-63 S.3.19(c)
Attachment No. 2
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0 100 200 400m
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DN: RE7
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to amend By -law 84 -63, the Comprehensive zoning By -law of
the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend By -law 84 -63, as amended, of the Corporation of the Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule 8.3 Special Exception - Residential Estate (RE) zone is hereby
amended by adding thereto the following new Special Exception 8.3.7 as follows:
118.3.7 RESIDENTIAL ESTATE EXCEPTION (RE -7) ZONE
Notwithstanding Section 3.19(c) those lands zoned 'RE -7' will permit
the erection of a non -farm related residential building with a minimum
separation of 190 m from existing agricultural buildings, housing
livestock and not located on the same lot.
2. Schedule 111" to By -law 84 -63, as amended, is hereby further amended by
changing the zone designation from "Agricultural (A)" to "Residential Estate
Exception (RE -7)" and "Environmental Protection (EP)" zone as shown on the attached
Schedule "A ".
3. Schedule "A" attached hereto shall form part of this By -law.
4. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
This is ' •
to
By-law 89-
passed
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