RECOMMENDATION:
That Council enact a by-law to deem Blocks 2 and 3, Registered Plan
65M-2316 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 enact a by-law under Section 50 of the Planning
Act to allow the Owner of Blocks 2 and 3, Plan 65M-2316 to construct a
proposed industrial building at 351 Ferrier Street in accordance with the
requirements of the Building Code Act and the Town’s Zoning By-law.
BACKGROUND:
The
subject property is located at the northeast corner of Ferrier Street and
Acadia Avenue, municipally known as 351
Ferrier Street
(See Figure 1). The Owner is proposing
to construct one new 5,342 m2 (57,506 ft2) multi-unit
industrial building on two Blocks (See Figure 2 & 3). Site plan approval for the industrial
building was granted on January 20, 2004, and a Building
Permit was issued on April 5, 2004. The Owner’s
architect omitted the mutual property line between Blocks 2 and 3 on the site
plan and building permit drawings, and as a result, Staff reviewed the drawing
as if Blocks 2 and 3 were one large parcel.
The Building
Code Act requires buildings located on separate properties to be connected
separately to the municipal services.
Notwithstanding the fact that 2026755 Ontario Ltd. owns both Blocks,
each block is a separate property, which can be conveyed separately. The proposed connections of water
distribution piping and sanitary building drains serving the proposed building
traverse the property line between the two blocks 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 blocks also results in zoning non-compliance with respect to
setback requirements from the mutual property line of the two blocks.
Staff propose that Council enact a bylaw
under the Planning Act to deem Blocks 2 and 3 to be not blocks on a
registered plan of subdivision. The effect
is to merge Blocks 2 and 3 into a single parcel. Any future division of Blocks 2 and 3 would
require consent or part lot control exemption.
This would allow the Owner to construct the proposed industrial building
in accordance with the Building Code Act and the Town’s Zoning
By-law. The Owner has agreed to this
course of action.
OPTIONS/DISCUSSION:
Merging of the properties into
one allows the proposed building to comply with the Town’s Zoning By-law
standards and the Building Code Act.
This can be accomplished
by the Town enacting a bylaw pursuant to Subsection 50(4) of the Planning
Act, which would deem Blocks 2 and 3 not to be blocks on a registered plan
of subdivision. The Planning Act requires the following steps to be
taken after the bylaw is enacted:
- A
copy of the bylaw is to be lodged by the Clerk with the Minister of
Municipal Affairs and Housing;
- Notice
of the bylaw is to be given to the Owner within thirty (30) days of the
passing thereof. The Owner may then make representations respecting the
bylaw to Council. In this case, the bylaw is being enacted to accommodate
the Owner. Staff
intends to obtain a letter from the Owner waiving his right to make
representations to Council. This would allow the Town to register the
bylaw at the earliest possible opportunity;
- Bylaw
would be registered on title and the bylaw 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\03 113939 351
Ferrier\351 Ferrier Report.doc
ATTACHMENTS: Figure 1 – Location Map
Figure 2 –
Site Plan
OWNER: Eliezer Yosipovich
2026755 Ontario Inc.
5109 Steeles Avenue West,
Suite 200
North York, Ontario
M9L 2Y8
Tel:
905-707-5638
Fax:
905-707-5698
