Report to: Development Services Committee Report Date: June 19, 2007

SUBJECT: Naam Group Inc.

South-west corner of Rodick Road and Yorktech Drive

Deeming By-law

File DY 06 128490

PREPARED BY: Scott Heaslip, ext. 3140

Senior Project Coordinator

Central District

RECOMMENDATION:

That the staff report dated June 19, 2007 entitled “Naam Group Inc., South-west corner of Rodick Road and Yorktech Drive, Deeming By-law”, be received;

And that Council enact the By-law attached as Appendix “A” to deem Lots 3 and 4, Registered 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;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

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 two separate parcels to merge, in order to allow construction of an approved multiple tenant industrial building.

BACKGROUND:

The subject lands are located at the south-west corner of Rodick Road and Yorktech Drive and comprise Lots 3 and 4 on registered plan of subdivision 65M-2755. (Figure 1)

On May 29, 2007, Development Services Committee endorsed a site plan application for a 3208 m² (34,500 ft²) multiple tenant industrial building and recommended enactment of a zoning by-law amendment to permit accessory retail uses. The by-law amendment will be before Council for enactment on June 12, 2007.

OPTIONS/ DISCUSSION:

The two lots which make up the this development site need to be merged in title in order that the entire site be considered to be one property for the purpose of Zoning By-law and Building Code interpretation. Before title to the two lots can be merged, they need to be “deemed” to no longer be lots on a registered plan of subdivision.

The required “deeming” by-law is attached as Appendix “A”.

The following steps will need 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 representation 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. This would allow the Town to register the by-law at the earliest opportunity.
• The by-law will be registered on title and will come into effect upon registration on title.

FINANCIAL TEMPLATE (external link):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

Not applicable.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Building and Legal Services Departments have been consulted in the preparation of this report.

RECOMMENDED BY:

_____________________________ ______________________________

Valerie Shuttleworth, M.C.I.P, R.P.P Jim Baird, M.C.I.P, R.P.P

Director, Planning & Urban Design Commissioner, Development Services

ATTACHMENTS:

Figure 1 – Location Map

Appendix “A” – Proposed Deeming By-law

File path: Amanda\File 06 128490\Documents\Recommendation Report