RECOMMENDATION:
That the by-law attached as Appendix ‘A’, deeming Lots 1 and 2,
Registered Plan 3580 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 by-law under Section 50
of the Planning Act to allow the Owner of Lots 1 and 2, Registered
Plan 3580 to construct a proposed residential condominium at 90 and 108 Old
Kennedy Road in accordance with the requirements of the Building
Code Act and the Town’s Zoning By-law.
BACKGROUND:
The
subject property is located on the west side of Old Kennedy Road, north of Steeles Avenue, and is municipally known as 90 and 108 Old Kennedy Road (see Figure 1). The Owner is
proposing to construct a mixed residential and commercial development
consisting of 135 townhouse and multiple-unit dwellings and 5 retail units on
two lots (see Figure 2). Site plan
approval for the residential development was granted by Council on June 28, 2005. A site plan agreement is
currently being prepared.
The Building Code Act requires buildings
located on separate properties to be connected separately to the municipal
services. Notwithstanding the fact that
Old Kennedy Co-operative Development Corporation owns both lots, each lot is a
separate property, which can be conveyed separately. The proposed connections of water
distribution piping and sanitary building drains serving
the proposed buildings traverse the property line between the two lots and do
not connect to the municipal system separately as required by the Building
Code Act. In addition, construction of the buildings
over the two lots also results in zoning non-compliance with respect to setback
requirements from the mutual property line of the two blocks.
OPTIONS/DISCUSSION:
Merging of the properties
into one allows the proposed buildings to comply with the Town’s Zoning By-law
standards and the Building Code Act. This can be accomplished by
the Town enacting a by-law pursuant to Subsection 50(4) of the Planning Act, which would deem Lots 1
and 2 not to 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 Minister 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 intend to obtain a letter from the
Owner waiving his right to make representations to Council. This will 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 1 and 2 not to be lots on a registered plan of
subdivision. The effect is to merge Lots
1 and 2 into a single parcel. Any future
division of Lots 1 and 2 will require consent or part-lot control exemption. This will allow the Owner to construct the
proposed residential condominium in accordance with the Building
Code Act and the Town’s Zoning By-law. The Owner has agreed to this course of
action.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
Legal Services Department has been consulted in the preparation of this report.
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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FILE PATH: Q:\Development\Planning\APPL\ZONING\04
009099 90&108 Old Kennedy\DSC Rpt Deeming bl.doc
ATTACHMENTS: Figure 1 – Location Map
Figure 2 –
Site Plan
Appendix
‘A’ – Deeming By-law
OWNER: Old Kennedy Cooperative Development Corporation
Tel: 905-948-1657
