Loading...
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 rio e DeJong Ontario 044 F /LE ,�BT- 87036 1 �c vis EO I Ir0A0 ALLOWANCE IIE TV:EF r! I ':ONCESSIONS 5 N J 18T S 7 ():1 1 I DRAFT PLAN OF SUBDIVISION OF PART OF LOT 15,CONCESSION 3 TOWNSHIP OF DARLINGTON, now In the TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM ' I 12SOtMETRIC) :fit 1 A j ZCNE I r i GOT /5 ''ONCESS /ON .3 O 1 rza f Q AV 'OR- cm 0 1 iii J G) Cr E \ tr i :c �.- I . -F ( R' A Z E 1 p~ i = ` 11 ♦ : LOT ?6 • L•.. .�, ..�' I ,n 0 I S /. 1 •ifs •AV ,- •� 1 r_i � r .. .... 0� A I I,A*A, I of J 1 Q BUTTERY COURT Z Ell O _-- w I � El / \ I I I � 4w NI N•t LF NiIf IC AN ADDITIONAL INFORMATION REQUIRED UNDER SECTION 50 OF THE PLANNING ACT, AS SHOWN DR ORA11 PLAN O A ♦ N Ox .>. AS SHOWN ON 01111 nEl P 0 R-DENTIAL,S"GLE FAU:.r ESTATE LOTS . NORTH 0 WEST —LL —.11 EASt OWNERS RESrOENff SOU TN REON OR4E T I s SHAWN nAN V A M DWx ON ILLID w EV PL aNS r wpDAl DaufD ELLS FINE TOLEOIUU SAND WITH CLAVEV ar SHOWN TIL ! S MOWN ON DR FT PLAN e.GLrU•.AL - i S -1D.1 N>- PrPELINE RI1N1 D1 w>t AS SHOWN ON 04AFT PLAN GENERAL NOTES d LAND USE AREA OF DRAFT PLAN. 1.1 •hA LOTS r -. RE -0 ESTATE LO IS AREA .:N N LOT FRONTAGE — METRIC n.r0 CANE N[SCpN.CNfFO ip F[FT pr pi rinrr4 [• n -( +B .FIx VE YNN -s LE,lT UIEAiE 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 4 1 ASE j rs "C,021NC Al N­TT7-� 300m RADIUS FROM POULTRY BARN REQUIRED BY BY-LAW 84-63 S.3.19(c) Attachment No. 2 � A � 0 100 200 400m 10( 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 • . • • LOT 15 �- Lands . By Applicant lot, .r#��i�����i��. W WIN MA A .�.�.�, � EP Al R I .IA(•ll I I I J Q Z O a° O it Z 0 N N W 0 V V w M [D VO W U Z REGIONAL ROAD 4 (TAUNTON ROAD 1 � 1 I P 41 I I I i A I o I a I I o is o �� i & a A a I� lZ i o �A EP I � ° I 1 RC I /� I � EP I I - -rt - -_ _ CONC, RD. 4 �P --- - I A•i . AI A +8 I I A A I I A-1 I� M3 A i RE-4 0 -4 O iE Z 0 U) W V Z 0 V Clerk WIYL,. 1{V.A 2019 18 17 16 15 14 13 12 11 Former Township of DARLINGTON :-�1000m 600. 100 \ ]' J Q Z O a° O it Z 0 N N W 0 V V w M [D VO W U Z S 0 -4 O iE Z 0 U) W V Z 0 V Clerk WIYL,. 1{V.A 2019 18 17 16 15 14 13 12 11 Former Township of DARLINGTON :-�1000m 600. 100 \ ]'