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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: October 5, 2020 Report Number: PSD-038-20
Submitted By: Faye Langmaid, Acting Director of Planning and Development
Reviewed By:
File Number:
Andrew C. Allison, CAO
ZBA2020-0017
Resolution#: PD-146-20
By-law Number: 2020-066
Report Subject: Part Lot Control application to deem two blocks in a registered plan of
subdivision to no longer be blocks for the purpose of melding them into
one block.
Recommendations:
1. That Report PSD-038-20 be received;
2. That the application by Baseline Properties Ltd. requesting Council pass a by-law to
deem Blocks 4 and 5 on Plan 10M-831 to no longer be within a registered plan of
subdivision be approved and that the by-law contained in Attachment 1 to Report
PSD-038-20 be passed;
3. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of
Report PSD-038-20 and Council's decision; and
4. That all interested parties listed in Report PSD-038-20 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD-038-20
Report Overview
Page 2
Baseline Properties Ltd. submitted an application for Part Lot Control requesting that Blocks
4 and 5 on Plan 1 OM-831 no longer to be within a registered plan of subdivision. The
purpose of this request is to merge the two blocks into a single parcel of land to enable the
applicant's development proposal.
1. Background
1.1 Owner/Applicant
1.2 Proposal:
1.3 Area:
1.4 Location:
1.5 Roll number:
1.6 Within Built Boundary:
2. Background
Baseline Properties Ltd. (Hannu Halminen)
To deem Blocks 4 and 5 on Plan 1 OM-831 to no longer
be within a registered plan of subdivision
3.58 hectares (8.86 acres)
270 and 290 Lake Road (See Figure 1)
18-17-020-130-02615
Yes
2.1 An application for Part Lot Control has been received from Baseline Properties Ltd.
requesting that Council pass a by-law to deem Blocks 4 and 5 on Plan 1OM-831 to no
longer be within a registered plan of subdivision. The purpose of this request is to merge
the two blocks into a single parcel of land to enable the applicant's development
proposal. The applicant has previously developed Block 5 (290 Lake Road) with 10
self -storage warehouse buildings and an accessory office building. They are now
proposing to develop an additional seven self -storage warehouse buildings on Block 4
(270 Lake Road). One of the proposed buildings straddles the lot line between the two
blocks, which would not longer meet setback requirements in the zoning by-law. The
approval of the deeming by-law would permit the construction of this building and
improve the overall circulation within the two blocks.
2.2 For ease of understanding Figure 1 below is the existing subdivision plan with Blocks 4
and 5 and Figure 2 would be the existing and proposed development should Council
approve the deeming by-law.
Municipality of Clarington Page 3
Report PSD-038-20
Figure 1- Subject lands
Municipality of Clarington Page 4
Report PSD-038-20
Figure 2 - Existing and proposed development
3. Land Characteristics
3.1 The subject lands are two industrial blocks on the north side of Lake Road abutting
Highway 401. The most easterly parcel, 290 Lake Road is developed with ten self -
storage warehouse buildings and an accessory office building. The westerly parcel, 270
Lake Road, is vacant and ready for the development of an additional seven self -storage
warehouse buildings. One building is proposed to straddle the lot line between the two
parcels.
3.2 The surrounding uses are as follows:
Municipality of Clarington Page 5
Report PSD-038-20
North — Highway 401
South — Industrial development and vacant land for industrial development
East — Industrial development
West — Vacant land for industrial development industrial development
4. Discussion
4.1 The zoning regulations require that buildings be set back a minimum distance from the
lot lines. The Owner wishes to merge the two blocks as the two blocks are planned to
ultimately function as one development. In order for the abutting blocks within a
registered subdivision to merge, the Municipality may enact a by-law under subsection
50(4) of the Planning Act to deem the blocks or lots to no longer be within a registered
subdivision. Once abutting lots are under the same ownership and are not within a
registered subdivision, they are said to "merge" and can no longer be conveyed
separately.
4.2 Baseline Properties Ltd. has requested the Council enact such a by-law with the result
that Blocks 4 and 5 of 10M-831, municipally known as 270 and 290 Lake Road would
merge. The subject properties and proposed development are shown in Figure 1.
4.3 The purpose of enacting the Deeming By-law is to deem the parcels to not be blocks
(lots) within registered subdivision. This would allow the blocks to be treated as one
single block for site planning purposes (Figure 2). Merging the two lots will facilitate the
development of Phase 2 of Lakeside Storage. Specifically, it will allow the construction
of a building on what is currently the property line between the two parcels. It will also
allow municipal water service to be extended from Phase 1, the existing development,
to the proposed Phase 2 for fire protection purposes. The Region of Durham, the
authority for municipal water and sanitary services requires each lot or block to be
individually serviced by municipal water or sanitary sewer from the road allowance and
does not allow service connections across abutting private properties. Merging the
property will avoid a second connection.
4.4 If further approvals are required under the Planning Act, appropriate applications will
need to be submitted if required. The resulting merged block has a lot area of
approximately 3.58 hectares (8.86 acre) and a lot frontage of 235.97 meters (774 ft).
The lands are currently located within the Light Industrial (M1) Zone in the Zoning By-
law which requires a minimum lot frontage of 30 m (98.4 ft) and minimum lot area of
2000 sq.m. (0.5 acres).
Municipality of Clarington Page 6
Report PSD-038-20
4.5 Plan of Subdivision 1 OM-831 was registered November 7, 1989, and all obligations of
the subdivision agreement have long since been fulfilled. Staff have also confirmed that
the merger of the properties is not expected to have an adverse impact on the assessed
value of the property. The Planning and Development Services Department has no
concerns with the request and recommends Council pass a Deeming By-law for the
parcels located at 270 and 290 Lake Road. The staff recommendation is based on the
specific circumstances of these properties.
4.6 Staff may have a had a different view if, for example, the lots had been within a
residential plan of subdivision. It should be noted that the only way the land may be
divided in the future would be through the Consent application process. If Council
agrees to the request to merge the two abutting lots, and approves a Deeming By-law,
the By-law does not require Public Notice or a Public Meeting prior to the passing of the
By-law, nor is there an appeal period.
5. Concurrence
5.1 This report has been reviewed by the Municipal Solicitor who concurs with the
recommendation.
6. Conclusion
6.1 In consideration of staff review and comments regarding this application, it is
recommended that the application be approved, and the by-law contained in Attachment
1 be adopted.
Staff Contact: Cynthia Strike, Manager, Development Review, 905-623-3379 x 2410 or
cstrike@clarington.net.
Attachments:
Attachment 1 — Deeming By-law
Interested Parties:
The following interested parties will be notified of Council's decision:
Baseline Properties Ltd
Attachment 1 to Report PSD-038-20
The Corporation of the Municipality of Clarington
By-law Number 2020-
Being a By -Law to deem Blocks 4 & 5 on Plan 10M-831, Bowmanville, Municipality of
Clarington, no longer to be lots on a Registered Plan of Subdivision
WHEREAS Subsection 50(4) of The Planning Act, R.S.O. 1990, c. P.13, provides that the
council of a municipality may designate a plan of subdivision or part thereof that has been
registered for eight years or more, which shall be deemed not to be a registered plan of
subdivision for the purpose of conveying land under Subsection 50 of the Act;
AND WHEREAS Plan 10M-831 in the Municipality of Clarington was registered in the
Office of Land Titles Division of Newcastle, Ontario, more than eight years prior to the
date of passing of this By-law;
AND WHEREAS Council is satisfied that this by-law is reasonably required for the orderly
development of the property;
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Blocks 4 and Block 5 on Plan 10M-831, Municipality of Clarington, Region of
Durham are deemed to no longer be lots on a registered plan of subdivision.
2. That this By-law shall come into effect on the date it is enacted by the Municipality
of Clarington.
By-law passed in open session this day of , 2020
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk