COMMITTEE OF THE WHOLE MEETING

MAY 28, 2018

REPORT #PD-2018-20

DEEMING BY-LAW TODD & LAURIE AYERS 30 ERNEST KETTLE CRESCENT LOT 5 AND PART LOT 8 RP; 51R9878 PART 9, PLAN M163 COMMUNITY OF BEETON

RECOMMENDATION

That Report #PD-2018-20 be received;

And further that a Deeming By-law, substantially in the form included as Attachment No. 3 to Report #PD-2018-20 be enacted.

OBJECTIVE

The purpose of this report is to provide Council with sufficient background information for a Deeming By-law request which seeks to consolidate two (2) land parcels into a single parcel of land.

BACKGROUND

Location

The Subject Property is located at 30 Ernest Kettle Crescent within the settlement area of Beeton. The property is currently being used for low density residential uses (single detached dwelling) and associated accessory structure (pool).

Adjacent land uses to the north are agricultural with single detached residential dwellings to the west, east and south. A location map of the subject property is included as Attachment No. 1.

Proposal

The applicant is proposing a Deeming By-law for Lot 5 (fronting onto Lily Street West) and Part Lot 8 RP;51R9878 Part 9 (30 Ernest Kettle Cres.) on Plan M163, to create one (1) building lot to bring into conformity an accessory residential use (inground pool).

History

Planning staff was approached by the owner of the above noted lands to discuss the consolidation of said lands into a single lot parcel. The existing lot configuration includes

Report #PD-2018-20, May 28, 2018

a residence on the lot fronting onto Ernest Kettle Way and an inground pool on the lot fronting onto Lily Street (9th Line). The owner seeks to consolidate the two (2) lots into a single parcel so that the residence and inground pool are located on and function as a single lot parcel.

The Town's solicitor was consulted on March 19, 2018 in regards to the consolidation of the subject lands who advised Town staff that a Deeming By-law would need to be enacted by the Town. The Deeming By-law would effectively merge both parcels of land once each parcel is held in identical title.

COMMENTS AND CONSIDERATIONS

Analysis

Town of New Tecumseth Official Plan

The subject property is designated 'Low Density Residential' on Schedule 'B2'. A detached dwelling with accessory uses (which includes pools) is permitted within the Low Density Residential designation.

Town Zoning By-law No. 2014-126

Lot 5 on Plan M163 (fronting onto Lily Street West) is zoned 'Urban Residential' (UR1), and Part Lot 8 RP;51R9878 Part 9 (30 Ernest Kettle Cres.) is zoned 'Urban Residential' (UR2) on Schedule 'B' to Zoning By-law 2014-126. Accessory uses including pools are permitted in both zones provided that they are an accessory to a residential dwelling on the same lot. In order to bring the inground pool, that currently exists on the lot fronting onto Lily Street West (without a residential dwelling on the same lot), into conformity with the zoning by-law, both lots must merge on title into one building lot through a Deeming By-law.

Deeming By-law

A Deeming By-law is passed pursuant to Section 50(4) of the Planning Act R.S.O 1990, to deem a part of a plan of subdivision to no longer be part of a registered plan of subdivision. Section 50(4) provides Council the authority by by-law, to designate any plan or part of a registered plan that has been registered for eight (8) years or more, as not being part of a plan of subdivision and under subdivision control. The subject plan was registered in 1979 as illustrated on Attachment No. 2.

The applicant owns 30 Ernest Kettle Cres. and the north abutting lot that fronts onto Lily Street West. When an individual owns two (2) or more lots abutting each other in a subdivision they can apply for a Deeming By-law to remove the lots from subdivision control. When lots are deemed not to be lots in a plan of subdivision and are in identical

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Report #PD-2018-20, May 28, 2018

ownership, the lots will merge and can be treated as one building lot. This will then allow the applicant to treat both properties as one building lot to bring the accessory use (pool) into conformity with the zoning by-law.

Staff note, that passing a Deeming By-law does not eradicate the underlying plan of subdivision, but rather 'freezes' the lots from being sold or built on individually. At some point in the future, Council could decide to repeal the deeming by-law and allow for the lots in a plan of subdivision to be sold individually again.

Summary

In Consideration of the above, staff are of the opinion that the proposed Deeming By-law is consistent with the Provincial Policy Statement, conforms to the Growth Plan, County of Simcoe Official Plan and the Town of New Tecumseth Official Plan and represents good planning. To this end, staff have no objection to the approval of the Deeming By-law.

FINANCIAL CONSIDERATIONS

There are no financial considerations associated with this application.

Respectfully submitted:

_________________________________

Alex Di Scipio

Planner

Attachments:

□ (1) Location Map

□ (2) Plan M163

□ (3) Draft Deeming By-law

Approved By: Department: Status: Bruce Hoppe, MCIP, RPP, Director of Planning & Development

Planning Approved - 24 May 2018

Khurram Tunio, M. Eng., P. Eng, GM of Infrastructure and

Development and Infrastructure Division

Approved - 24 May 2018

Page 3 of 9

Report #PD-2018-20, May 28, 2018

Development Blaine Parkin, P. Eng., CAO CAO Approved - 24 May 2018

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Page 7 of 9

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

BY-LAW

Number 2018-XX

“PLAN M163 DE-REGISTRATION BY-LAW”

A By-law to de-register Lots 5 and Part Lot 8 RP;51R9878 Part 9

WHEREAS the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides authority under Section 50(4) to designate any plan of subdivision, or part thereof, that has been registered for 8 years or more, to be deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the said Act;

AND WHEREAS Plan M163 for the Town of New Tecumseth (formerly in the Town of Beeton) is a registered plan of subdivision that has been registered for more than 8 years;

AND WHEREAS Lots 5 and Part Lot 8 RP;51R9878 Part 9 on Registered Plan M163, fronting onto Lily Street West, and Ernest Kettle Cres. in the community of Beeton, municipally known as 30 Ernest Kettle Cres.;

AND WHEREAS the Council for the Corporation of the Town of New Tecumseth

deems it appropriate and expedient to deem Lots 5 and Part Lot 8 RP;51R9878 Part 9 on Plan M163, more particularly shown as lands identified on Schedule ‘1’, attached hereto, no longer registered as lots on a plan of subdivision.

NOW THEREFORE the Council of the Corporation of the Town of New Tecumseth

enact as follows:

1. That as part of plan of subdivision M163, Lots 5 and Part Lot 8 RP;51R9878 Part 9 are hereby designated and deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended.

2. A certified duplicate copy or duplicate of this By-law shall be lodged by the Clerk in the office of the Minister of Municipal Affairs and Housing. 3. A certified copy or duplicate of this By-law shall be registered by the Clerk in the Land Registry Office. 4. Notice of passing of this By-law shall be given within 30 days to each person appearing on the last revised assessment roll to be the owner of the land to which this By-law applies, which notice shall be sent to the last known address of each such person. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 28th DAY OF MAY, 2018.

________________________________

MAYOR __________________________________ CLERK

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Town of New Tecumseth

SCHEDULE 1

To By-law #2018-XX

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