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

SUBJECT: Extreme Fitness (2044922 Ontario Ltd.)

Proposed Deeming By-law

8275 – 8281 Yonge Street

Lots 5, 6 and 7 and part of Lane, Registered Plan 4184

File No: DY 06 114694

PREPARED BY:

Geoff Day, Planner - West Development Team

RECOMMENDATION:

That Council enact a By-law to deem Lots 5, 6 and 7 and part of Lane, Registered Plan 4184, 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 three parcels of land to merge, to accommodate the construction of a parking lot expansion on the northeast corner of Kirk Drive & Yonge Street.

BACKGROUND:

The Owner has submitted an application for Site Plan Approval to permit the construction of a parking lot addition on the northeast corner of Kirk Drive & Yonge Street (Figure 1). The proposed parking lot expansion will be situated on Lots 5, 6 and 7 and part of Lane on Registered Plan 4184, with the existing fitness centre located on part of Lot 34 Concession 1, being Part 3 on Plan 64R-7209 (Figure 2).

Stand alone parking lots not permitted

The permitted uses as outlined in the Special Commercial One (SC1) zone under By-law 2150 do not permit stand alone parking lots. Therefore, these parcels need to be combined and merged with the property to the north (legally defined as part of Lot 34 Concession 1 being Part 3 on Plan 64R-7209) into a single ownership, prior to the issuance of Site Plan Approval. Notwithstanding the fact that Extreme Fitness (2044922 Ltd.) owns Lots 5, 6 and 7 and part of Lane, Registered Plan 4184, they are individual properties on a registered plan and therefore, can be conveyed separately.

Staff propose that Council enact a by-law under the Planning Act to deem Lots 5, 6 7 and part of Lane, Registered Plan 4184 to no longer be lots on a registered plan of subdivision. Title to Lots 5, 6 and 7 and part of Lane, Registered Plan 4184 will then merge with part of Lot 34 Concession 1 being Part 3 on Plan 64R-7209 to form a single parcel (which will be municipally known as 8275 Yonge Street). This will enable the Owner to seek Site Plan Approval to construct the proposed parking lot expansion. The Owner has agreed to this course of action.

OPTIONS/ DISCUSSION:

Merging of title of the three properties will allow the proposed parking lot expansion to be permitted on the same lot, accessory to the existing fitness centre. This can be accomplished by Council enacting a by-law pursuant to Subsection 50(4) of the Planning Act, which would deem Lots 5, 6 and 7 and part of Lane, Registered Plan 4184 to no longer be lots on a registered plan of subdivision. The Planning Act requires the following steps 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 (Figure 3). 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

ATTACHMENTS:

Figure 1- Location Map

Figure 2 - Site Plan

Figure 3 – Waiver & Undertaking

Figure 4 – Proposed Deeming By-law

File path: Amanda\File 06 114694\Documents\Recommendation Report