July 10, 1998
To:East York Community Council of July 22, 1998
From:Richard Tomaszewicz
Commissioner of Development Services (East York Office)
Subject:Application by Upper East Side Riverdale Inc. for an Exemption from the
Provisions of Part-Lot Control - 870 Pape Avenue.
Purpose:
This report to the July 22, 1998 East York Community Council concerns a request by
Upper East Side Riverdale Inc. for an exemption of a portion of the lands at 870 Pape
Avenue from the provisions of part-lot control.
Source of Funds:
N.A.
Recommendations:
1.That pursuant to Section 50(7) of the Planning Act, that City Council enact the By-law
which is attached to this report as Appendix "A", and which exempts the lands forming
Block 7 of Registered Plan 66M-2325 at 870 Pape Avenue 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 Council, the City Solicitor
for the East York Office be directed to register the By-law on title to the property known as
Block 7 of Registered Plan 66M-2325.
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 City Solicitor for the East York Office 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 30, 1998, on title to the newly
created properties.
Background:
The site is located on the south-west corner of Pape and Mortimer Avenues. In the summer
and fall of 1997, the former East York Council approved a site specific official plan
amendment, rezoning, plan of subdivision and site plan, to permit the development of these
lands for 78 semi-attached and townhouse units. The plan of subdivision was undertaken to
establish the municipal streets and major blocks of land. It was the developer's intention to
apply for the removal of part-lot control to establish the titles to the individual lots for each
housing unit. In fact, this was a condition of draft plan approval.
The provisions for the removal of part-lot control are set out in the Planing Act. They
permit municipalities to authorize conveyance of land by the passage of a By-law to suspend
the application of part-lot control. Part-Lot control normally applies to all lands within a
registered plans of subdivision. The reinstatement of part lot control following the
conveyance of land 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 or after the demising walls between units have actually been
constructed.
It was the developer's intention to apply for the removal of part-lot control on all of the
units in the project at the same time. They are now requesting that part-lot control be
removed on only one block of land at this time. In the future, they will likely apply for
removal of part-lot control on the other blocks.
Discussion:
The by-law attached as Appendix "A" to this report will create these lots while the
undertaking which implements the recommendations will ensure:
•that the requirements of the Planning Act concerning the By-law's approval and
registration are carried out; and,
•that 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 without further
municipal approval.
Usually on applications for the removal of part-lot control, staff recommend that the City
enter into an agreement with the developer regarding conditions that the applicant must
satisfy before part-lot control is lifted. However, in this case, the site is part of a registered
plan of subdivision and is under site plan control. Any major issues regarding the
development of the site have been secured through the City's existing subdivision and site
plan control agreements with the developer.
Conclusions:
Staff believe that the City's interests have already been adequately secured through the
existing subdivision and site plan control agreements. Therefore, we recommend that this
application for the exemption from part-lot control be approved.
Contact Name:
David Oikawa,
Director of Planning (East York)
778-2049
466-9877 (fax)
doikawa@borough.eastyork.on.ca
Richard Z. Tomaszewicz
Commissioner of Development Services
(East York Office)
Appendix A
Draft By-law for the lifting of Part-Lot Control on
Block 7 of Registered Plan 66M-2325 at 850 Pape Avenue
Authority: East York Community Council Report No. _____(___), July 22, 1998
Intended for first presentation to Council: July 29, 1998
Adopted by Council:
CITY OF TORONTO
BILL NO.
BY-LAW
A by-law pursuant to the provisions of Section 50(7) of the
Planning Act, R.S.O. 1990, c. P.13, to exempt certain lands
being Block 7 of Registered Plan 66M-2325 at 870 Pape Avenue, in the City
of Toronto (formerly Borough of East York).
WHEREAS, pursuant to the provisions of Section 50(7) of the Planning Act, R.S.O. 1990,
c. P.13, the Council of a municipality may by by-law provide that Subsection 50(5) of the
Act does not apply to certain lands within a plan of subdivision designated in the by-law;
The Council of the City of Toronto HEREBY ENACTS as follows:
1.That subsection 50(5) of the Planning Act, R.S.O. 1990, c. P.13 does not apply to the
following lands located within a plan of subdivision:
ALL AND SINGULAR that certain parcels or tract of land and premises situate, lying and
being in the City of Toronto (formerly Borough of East York) and being composed of Block
7 of Registered Plan 66M-2325 at 870 Pape Avenue, but only for the purpose of:
a)conveying the whole of one or more parts shown on the plan attached hereto as Schedule
"1" (hereinafter called the "Plan"); and,
b)conveying the whole of one part shown on a reference plan to be approved by the
Commissioner of Urban Planning & Development Services as may be required to identify
easements and encroachments.
2.That this by-law shall not come into effect until:
i)it has been approved by the approval authority or its delegate, if required, pursuant to the
Planning Act; and,
ii)this by-law has been registered on title.
ENACTED AND PASSED this day of , A.D.
________________________ ___________________________ Mel Lastman,Novina
Wong,
MayorCity Clerk
