Threesticks55
REGISTERED
I need help to determine if my development site needs a record of site condition for the MOE. The issues boil down to is my proposed application a change in use from mixed-use.
https://www.ontario.ca/laws/statute/90e19?search=record+of+site+condition#BK229
Prohibition on certain changes of use
168.3.1 (1) Subject to subsection (2), a person shall not,
(a) change the use of a property from industrial or commercial use to residential or parkland use;
(b) change the use of a property in a manner prescribed by the regulations; or
(c) construct a building if the building will be used in connection with a change of use that is prohibited by clause (a) or (b). 2001, c. 17, s. 2 (37).
Exception
(2) Subsection (1) does not apply if,
(a) a record of site condition has been filed in the Registry in respect of the property under section 168.4; and
(b) the use specified under paragraph 3 of subsection 168.4 (2) in the record of site condition is the use to which the property is changed under clause (1) (a) or (b). 2001, c. 17, s. 2 (37).
The site is at the corner of Sheppard and Brimley. Its approximately .86 acres. The current zoning is mixed-use. Currently on the site is a strip plaza (2 restaurants and a barbershop) and a house.
My intent is to put in an application to amend the zoning for 240,000 buildable SQFT mixed-use condo with 10,000 SQFT of commercial (likely same use ie restaurants, but really could be anything ie medical clinic).
There are some minor environmental problems on the site with the contamination on the site with the source off-site. The remediation strategy is to block the contaminants from the source (unknow) on our property line with a concrete wall during excavation. I prefer this solution vs. chemical injections.
The question that I have (which I have conflicting opinions) is do I need a record of site condition for the MOE?
other info - the city did not flag the RSC on the PAC
https://www.ontario.ca/laws/statute/90e19?search=record+of+site+condition#BK229
Prohibition on certain changes of use
168.3.1 (1) Subject to subsection (2), a person shall not,
(a) change the use of a property from industrial or commercial use to residential or parkland use;
(b) change the use of a property in a manner prescribed by the regulations; or
(c) construct a building if the building will be used in connection with a change of use that is prohibited by clause (a) or (b). 2001, c. 17, s. 2 (37).
Exception
(2) Subsection (1) does not apply if,
(a) a record of site condition has been filed in the Registry in respect of the property under section 168.4; and
(b) the use specified under paragraph 3 of subsection 168.4 (2) in the record of site condition is the use to which the property is changed under clause (1) (a) or (b). 2001, c. 17, s. 2 (37).
The site is at the corner of Sheppard and Brimley. Its approximately .86 acres. The current zoning is mixed-use. Currently on the site is a strip plaza (2 restaurants and a barbershop) and a house.
My intent is to put in an application to amend the zoning for 240,000 buildable SQFT mixed-use condo with 10,000 SQFT of commercial (likely same use ie restaurants, but really could be anything ie medical clinic).
There are some minor environmental problems on the site with the contamination on the site with the source off-site. The remediation strategy is to block the contaminants from the source (unknow) on our property line with a concrete wall during excavation. I prefer this solution vs. chemical injections.
The question that I have (which I have conflicting opinions) is do I need a record of site condition for the MOE?
other info - the city did not flag the RSC on the PAC