(Report dated June 9, 1998, addressed to East York Community Council, from the Commissioner of Development Services East York Office.)

Subject:Application by Oxford Hills Developments Inc. for an Exemption of Land from the Provisions of Part Lot Control 930-952 Millwood Road

Purpose:

This report to the June 24, 1998 East York Community Council concerns a request by Oxford Hills Developments Inc. for an exemption of their 27,321 square foot (0.667 ac.) parcel of land from the provisions of part lot control.

Recommendations:

1.That pursuant to Section 50(7) of the Planning Act, The City Of Toronto Council enact the By-law which is attached to this report as Schedule "1", and which exempts the lands at 930-952 Millwood Road from the provisions of part lot control;

2.That pursuant to the Ontario Regulation 476/83, upon the enactment of the By-law the Clerk be directed to forward it to the Commissioner of Planning of the former Metropolitan Toronto;

3.That upon the enactment and approval of the By-law by City of Toronto Council, the City Solicitor for the East York Office be directed to register the By-law on title;

4.That the owner and his Solicitor be required to provide an undertaking that they will advise the City Solicitor for the East York Office immediately upon the conveyance of each of the lots;

5.That pursuant to Section 50(7) of the Planning Act, immediately upon the conveyance of each lot, the City Solicitor for the East York Office be directed to bring forward a By-law to repeal the part lot control exemption;

6.That the Solicitor be directed to register the By-law described in recommendation No. 5 contained in the report of the Commissioner of Development Services for the East York Office dated June 9, 1998, on title;

7.That the owner be required to enter into an Agreement which is substantially in accordance with that attached as Schedule "A" to the By-law which is attached to the report of the Commissioner of Development Services for the East York Office dated June 9, 1998, as Schedule "1 ", and which sets out the following:

i)conditions related to part lot control;

ii)a requirement compelling all of the owners sharing the use of the laneway to enter into an agreement requiring the conveyance, maintenance, and repair of reciprocal easements or rights-of-way for the purpose of ingress and egress and for the purpose of the construction, operation maintenance and repair of all services and utilities and cost sharing for the lands to the satisfaction of the City Solicitor for the East York Office; and,

iii)requirements for maintaining fences, lighting and landscaping where required on individual lots, and organization of functions such as garbage collection; and,

8.That the City of Toronto Chief Financial Officer and Treasurer and Clerk be authorized to execute the Agreement required through recommendation No. 7 in the report of the Commissioner of Development Services for the East York Office dated June 9, 1998, and that the City Solicitor for the East York Office be directed to register that Agreement on title.

Background:

The site is located on the east side of Millwood Road some 70.0 m ( 230.0 ft.) west of Laird Drive. In June, 1997, Council approved a site specific rezoning and site plan proposals to facilitate the development of these lands for 26 townhouses. Staff=s original report on these applications advised Council that this was to be a freehold development and that the owner intended to apply for a part lot control exemption in order to allow this division of lots.

The provisions for the removal of part lot control are set out in Section 50(7) of the Planing Act. They permit municipalities to authorize conveyance of land by the passage of a By-law to suspend the operation of part lot control. Part lot control normally applies to all lands within a registered plans of subdivision and it prevents future landowners from any further subdivision and conveyance of their lots.

This method of land division is typically used in developments of semi-detached dwellings and townhouses where it is easier to draw lot boundaries after the final detailed design of the dwellings has taken place. It also represents a more expeditious method of land division than a plan of subdivision or Committee of Adjustment. It is particularly appropriate where no new public roads are required.

The 26 townhouses in this proposal have for the most part been sold with a closing date of late June 1998. To facilitate their transfer their current owner has to be able to show that they are separate entities. The by-law attached to this report will create these lots while the agreement which implements the recommendations will ensure that:

• the requirements of the Planning Act concerning the by-law=s approval and registration are carried out;

• Part Lot Control is reinstated once the conveyance of these lots has been arranged. This is required to prevent any further land subdivision by future landowners; and,

• any owner sharing common facilities/services is required to enter into an agreement to ensure that these common facilities are properly maintained, etc.

Comments:

The attached Agreement ensures that municipal funds are not spent on the maintenance of any private facilities/services required to service this project. It does so by requiring those owners with shared facilities/services to enter into an agreement to ensure that such facilities/services are maintained at their own expense.

The report was prepared in consultation with East York=s Transportation and Engineering Services Division and the City Solicitor for the East York Office.

Conclusion:

Staff believe that the City=s interests have been adequately secured via the attached agreement. Therefore, we recommend that this application for the exemption from part lot control be approved.

Contact Name:

Jean Besz,

Senior Planner East York Community Office

(416)778-2045

(416)466-9877

planning@borough.eastyork.on.ca

(Copies of attachments are on file in the office of the City Clerk.)