RECOMMENDATION:
That Council enact a by-law to deem Lot 1 and Lot 2, Plan 65M-2755 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.
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 263 and 287 Yorktech Drive, in accordance with
the requirements of the Building Code Act.
BACKGROUND:
The Owner (2063456 Ontario Limited) is seeking a building
permit to construct a single storey industrial building on the south side of Yorktech
Drive, west of Rodick Road (Figure 1).
The proposed industrial building will be situated over both Lots 1 and 2
on Registered Plan 65M-2755 (Figure 2). Lot 1 is municipally
known as 263 Yorktech Drive, and Lot 2 is municipally
known as 287 Yorktech Drive. These
two lots need to be combined and merged into a single property, under one
ownership, prior to the issuance of a building permit. Notwithstanding the fact that 2063456 Ontario
Limited owns both lots, Lot 1 and lot 2 are individual properties
and therefore, they can be conveyed separately.
Staff propose that Council enact a by-law under the Planning Act to deem Lot 1 and Lot 2, Plan 65M-2755 to no longer be lots on a
registered plan of subdivision. Title to
Lot 1 will then merge with Lot 2 to form a single parcel (287 Yorktech
Drive). Any
future division of these lands would then require consent to sever or part lot
control exemption. This will enable the
Owner to construct and service the proposed single storey industrial building in
accordance with the Building Code Act. The Owner has agreed to this course of
action.
DISCUSSION:
Merging of title of the two properties will allow the proposed industrial
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 Lot 1 and Lot 2, Plan 65M-2755 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 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.
BUSINESS UNITS CONSULTED AND AFFECTED:
The Building and Legal Services departments
have 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\SITEPLAN\05
014020 287 Yorktech\Deeming By-law Report.doc
ATTACHMENTS:
Figure
1- Location Map
Figure
2 - Site Plan
Figure 3 – Letter from Owner
