HomeMy WebLinkAboutPDS-006-22Staff Report
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Report To: Joint Committees
Date of Meeting: February 7, 2022 Report Number: PDS-006-22
Submitted By:
Reviewed By:
File Number:
Report Subject:
Ryan Windle, Director of Planning and Development Services Andrew
C. Allison, CAO Resolution#:
S-C-2018-0005 and ZBA2018-0026 By-law Number:
Zoning By-law Amendment for 14 Jack Potts Way, Courtice
Recommendations:
1.That Report PDS-006-22 and any related communication items, be received;
2.That the By-law attached to Report PDS-006-22, Attachment 1, be approved; and
3.That all interested parties listed in Report PDS-006-22 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-006-22
Report Overview
This report recommends the approval of a Zoning By-law Amendment to correct a previous
Zoning By-law Schedule that was approved for Delpark Homes (Prestonvale) Inc. in 2020.
The proposed Zoning By-law Amendment would not change the number of lots or the lot
sizes that were approved when the original Draft Plan of Subdivision and Zoning By-law
Amendment applications were approved.
1. Background
1.1 In March 2020, Subdivision and Zoning By-law applications were approved for
1430 & 1539 Prestonvale Road. Since the draft approval the applicant has completed
the requirements of the draft approval and the Subdivision was registered on November
4, 2021. The approved subdivision can be seen in Figure 1 below. Figure 1 is a
graphic from PSD-006-20 that showed the lot frontages and dwelling types for the
subdivision.
Figure 1: Approved subdivision and the type of dwelling units
Municipality of Clarington Page 3
Report PDS-006-22
1.2 The Zoning By-law Schedule attached in report PSD-006-20, Figure 2 below, included
an error by zoning one of the lots in the subdivision, now known as 14 Jack Potts Way,
“Urban Residential Exception (R2-65)” instead of “Urban Residential Exception (R2-
54)”. The R2-65 zone is intended for lots under 11.3 metres of frontage with a single
car garage. All the other lots in the subdivision that had 11.3 metres of frontage or
larger were zoned “Urban Residential Exception (R2-54)” or “Urban Residential
Exception (R2-67)”.
Figure 2: Zoning By-law Schedule from Report PSD-006-20 with 14 Jack Potts Way
identified
Municipality of Clarington Page 4
Report PDS-006-22
1.3 The applicants have submitted for a building permit for 14 Jack Potts Way and the
permit does not meet the provisions of Zoning By-law 84-63 as the “Urban Residential
Exception (R2-65)” is intended for smaller lots with single car garages.
1.4 The proposed Zoning By-law Amendment would zone 14 Jack Potts Way “Urban
Residential Exception (R2-54)”, consistent with the 11.3 metre lots in the subdivision.
2. Public Notification
2.1 This report is to correct the previous Zoning By-law Schedule that inadvertently zoned
the property, 14 Jack Potts Way, “Urban Residential Exception (R2-65)” instead of
“Urban Residential Exception (R2-54)”. A new public meeting is not required as
previous public notice was provided, and a public meeting held to meet the Planning Act
requirements for the applications.
2.2 The interested parties on file for applications S-C-2018-0005 and ZBA2018-0026 have
been sent notice of this meeting and the purpose of bringing this report forward. As of
writing this report staff have not received any correspondence from the interested
parties notified.
2.3 The Zoning By-law Amendment would be subject to a new appeal period, if approved.
3. Discussion
3.1 The proposed zoning by-law amendment contained in Attachment 1 of this report is to
correct the original zoning by-law amendment approved for 14 Jack Potts Way.
3.2 There are no proposed changes to the number of lots or the lot sizes that were
approved when the original Draft Plan of Subdivision and Zoning By-law Amendment
applications were approved.
4. Concurrence
Not Applicable.
Municipality of Clarington Page 5
Report PDS-006-22
5. Conclusion
It is respectfully recommended that the revised Zoning By-law Amendment be approved
as contained in Attachment 1 of this report.
Staff Contact: Brandon Weiler, Planner, 905-623-3379 ex. 2424 or bweiler@Clarington.net.
Attachments:
Attachment 1 – Zoning By-law Amendment
Interested Parties:
The following interested parties will be notified of Council's decision:
Eddy Chan, Delpark Homes (Presontvale) Inc.
Mark Jacobs, The Biglieri Group
J. Boate
D. Moser
V. Suppan
M. Enjati
Attachment 1 to
Report PDS-006-22
C:\Program Files\eSCRIBE\TEMP\1423659882\1423659882,,,Attachment 1 to Report PDS-006-22.docx
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The Corporation of the Municipality of Clarington
By-law Number 2022-______
being a By-law to amend Zoning By-law 84-63
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for
ZBA2018-0026;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from “Urban Residential Exception (R2-65)” to “Urban Residential
Exception (R2-54)”as illustrated on the attached Schedule ‘A’ hereto.
2. Schedule ‘A’ attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
Passed in Open Council this _____ day of ____________, 2022
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk
C:\Program Files\eSCRIBE\TEMP\1423659882\1423659882,,,Attachment 1 to Report PDS-006-22.docx