Report to: Development Service Committee Date of Meeting: June 20, 2006

SUBJECT: Avant Investments Inc. (Ellington Park Condominium)

Deeming By-law

3856, 3864 and 3872 Highway 7

File No: DY 06 114694

PREPARED BY:

Scott Heaslip Senior Project Coordinator Central District Team

RECOMMENDATION:

That Council enact a By-law to deem Lots 4 and 5, Registered Plan 4295, not to be part of a registered plan of subdivision, and that staff take appropriate action as required under Section 50 of the Planning Act.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to recommend enactment of a Deeming By-law under Section 50 of the Planning Act to allow title to four separate parcels of land to merge, in order to allow construction of an approved condominium apartment development.

BACKGROUND:

The applicant has received approval to develop the subject lands with two 4-storey apartment buildings accommodating a total of 46 apartment units. The development received site plan approval in 2005. The required site plan agreement is in final draft, but has not yet been executed by the Owner and the Town.

OPTIONS/ DISCUSSION:

The four parcels which make up the Ellington Park Condominium site need to be merged in title in order that the entire site be considered to be one property for the purpose of Zoning By-law and Building Code interpretation. Two of the parcels are lots on a registered plan of subdivision. Before the four parcels can be merged, these two lots need to be “deemed” to no longer be lots on a registered plan of subdivision.

The required “deeming” by-law is attached as Appendix ‘’A’.

The following steps will need to be taken after the by-law is enacted:

• A copy of the by-law is to be lodged by the Clerk with the Ministry of Municipal Affairs and Housing;
• Notice of the by-law is to be given to the Owner within thirty (30) days of the passing thereof. The Owner may then make representations respecting the by-law to Council. In this case, the by-law is being enacted to accommodate the Owner. Staff has requested a letter from the Owner waiving their right to make representations to Council. This would allow the Town to register the by-law at the earliest possible opportunity;
• The by-law will be registered on title and the by-law will come into effect upon registration on title.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

The Building and Legal Services departments have been consulted in the preparation of this report.

RECOMMENDED BY:

Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

ATTACHMENTS:

Figure 1- Location Map

Appendix ‘A’ - Proposed Deeming By-law

File path: Q:\Development\Planning\APPL\DEEMING BY-LAWS\06 115090 Avant\report.DOC