Report to: Development Services Committee Report Date: September 16, 2008

SUBJECT: U486 Builders Inc. – Metrus Properties

Deeming By-law for Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road),

File Number DY 08-121258

PREPARED BY: Doris Cheng, Senior Planner – extension 2331

RECOMMENDATION:

That the staff report dated September 16, 2008 entitled “U486 Builders Inc. – Metrus Properties, Deeming By-law for Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road),”, be received;

That Council enact a By-law to deem Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road) to no longer be blocks on a registered plan of subdivision, and to allow the construction of a retail building with two units and to create a single parcel of land;

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 by-law under Section 50 (4) of the Planning Act to allow the owner of Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road), to construct a building with 2 retail units 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 north east corner of Kirkham Drive and Markham Road, municipally known as 7635, 7675 and 7677 Markham Road (see Figure 1). The owner is proposing to merge title of the properties (Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443) to construct one new 2,180m² (23,464 ft²) two-unit retail building.

Site plan approval for the building is currently under review. The original site plan submission included the buildings to the north, which are located on a separate lot. Since zoning is specific to a lot, the zoning information provided for this site plan application needs to address the property containing the proposed building only. The applicant chose to merge the lots in order to resolve issues related to the proposed building and mutual access arrangements. This way, only minimal variances would be required.

Staff propose that Council enact a by-law under the Planning Act to deem the lands not to be on a registered plan of subdivision, resulting in them being considered to be a single parcel of land. Any future division of the lands would require consent.  This would allow the Owner to construct the proposed retail building in accordance with the Building Code Act and the Town’s Zoning By-law. 

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 by-law pursuant to Subsection 50(4) of the Planning Act, which would deem Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road), not to be blocks on a registered plan of subdivision.  The Planning Act requires certain standard steps to be taken after the by-law is enacted and these would be authorized by the attached resolution.

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

Figure 2 – Air Photo

Figure 3 – Site Plan

Appendix ‘A’ – Proposed Deeming By-law

AGENT: Nick Gougoulias

U486 Builders Inc c/o Metrus Properties

30 Floral Parkway

Vaughan ON L4K 4R1

Telephone: 905-669-9714 Fax: 905-669-3733

Email: NGougoulias@metrusproperties.com

FILE PATH:

File path: Amanda\File 08 121258\Documents\Recommendation Report

Figure 1 – Location Map

BY-LAW 2008-XXX

A by-law to deem certain lands not to be a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act

U486 Builders Inc. c/o Metrus Properties

WHEREAS subsection 50(4) of the Planning Act permits a local municipality to designate any plan of subdivision, or part thereof, that has been registered for eight years or more, and deem it not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act;

AND WHEREAS Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road), Town of Markham, Regional Municipality of York are within a plan of subdivision registered for more than eight years;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM HEREBY ENACTS AS FOLLOWS:

That the following lands are designated and deemed not to be a registered plan of

subdivision for the purpose of Subsection 50(3) of the Planning Act:

Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road), Town of Markham and the Regional Municipality of York

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS ___^TH DAY OF SEPTEMBER, 2008.

_________________________________ ______________________________

Kimberley Kitteringham FRANK SCARPITTI, MAYOR

TOWN CLERK