REPORT TO DEVELOPMENT SERVICES

COMMITTEE

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Nilesh Surti, Planner ext. 4190

South Development Team

 

 

 

 

DATE OF MEETING:

January 10, 2006

 

 

 

 

SUBJECT:

Neamsby Investments Inc.

Proposed Deeming By-law

95 Duffield Drive

Lots 13 and 14, Plan 65M-2813

File No: ZA 05 025615

 

 

 

RECOMMENDATION:

That the By-law, attached as Appendix ‘A’, deeming Lots 13 and 14, Plan 65M-2813 not to be part of a registered plan of subdivision, be enacted and that staff take appropriate action as required under Section 50 of the Planning Act.

 

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 two lots to merge, to accommodate construction of a one-storey, single tenant industrial building at 95 Duffield Drive, in accordance with the requirements of the Building Code Act and the Town’s Zoning By-law.

 

BACKGROUND:

The subject lands, municipally known as 95 Duffield Drive, are located on the south side of Duffield Drive between McDowell Gate and Deverill Court (See Figure 1, 2 & 3).  The Owner submitted applications for a Zoning By-law Amendment and Site Plan Approval to permit the construction of a 2,564 m2 (27,603 ft2) single-storey industrial building situated over both Lots 13 and 14 on Registered Plan 65M-2813 (See Figure 4 & 5).  Notwithstanding the fact that Neamsby Investments Inc. owns both lots, Lots 13 and 14 are individual properties and therefore, they can be conveyed separately.  These two lots need to be combined and merged into a single property, under one ownership, prior to the issuance of a building permit. 

 

 

 

 

The applicant proposes to build the single-storey industrial building upon obtaining site plan approval.  The applicant has also applied for zoning amendment to permit the building to be used as a banquet hall.  On November 22, 2005, Development Service Committee authorized staff to hold a statutory public meeting for the proposed banquet hall use, which is scheduled for January 24, 2006.  The associated site plan application for the proposed industrial building/banquet hall is presently under review. 

 

OPTIONS/DISCUSSION:

Merging of title of the two properties will allow the proposed building and its proposed servicing to comply with the Building Code Act.  This can be accomplished by Council enacting a by-law pursuant to Subsection 50(4) of the Planning Act, which would deem Lots 13 and 14 on Plan 65M-2813 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 form the Owner waiving his 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.

 

Staff recommend that Council enact a by-law under the Planning Act to deem Lots 13 and 14, Plan 65M-2813 to no longer be lots on a registered plan of subdivision.  The effect would be to merge Lots 13 and 14 into a single parcel.  This will enable the Owner to construct and service the proposed single storey industrial building in accordance with the Building Code Act and the Town’s Zoning By-law.  Any future division of these lands will require consent to sever or part lot control exemption.  The Owner has agreed to this course of action.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal Services department has been consulted in the preparation this report.

 

 

 

 

 

 

 

 

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

 

 

 

 

FILE PATH:  \\MARKHAM.CA\APPS\AMANDADOCS\PLANNING\SAVEPATH\31931935014.DOC

 

ATTACHMENTS:    Figure 1 – Location Map

                                    Figure 2 – Area Context and Zoning

                                    Figure 3 – Air Photo

                                    Figure 4 – Site Plan

                                    Figure 5 – Elevations

                                    Appendix ‘A’ – Deeming By-law

 

AGENT:                     Attn: Rudy Buczolits

Neamsby Investment Inc.

                                    7501 Keele Street

                                    Vaughan ON  L4K 1Y2

                                    Tel: 905-761-8200

                                    Fax: 905-761-2137

 

Figure 1