September 30, 1998

To:East York Community Council of October 14, 1998

From:Ted Tyndorf

Subject:Application by Upper East Side Riverdale Inc. for an Exemption from the Provisions of Part-Lot Control - 870 Pape Avenue. - Phase 2

Ward:East York

Purpose:

This report to the October 14, 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 Blocks 1,2,3,4,5 and 6 of Registered Plan 66M-2325 at 870 Pape Avenue from the provisions of part-lot control.

2.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.

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

Background:

The subject 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.

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.

On July 22, 1998, East York Community Council received a staff report on the removal of part-lot control on Block 7 of the project. East York Community Council recommended approval of the lifting of part-lot control which was subsequently approved by City Council. The developer's are now applying for the removal of part-lot control on all of the remaining units in the project (blocks 1,2,3,4,5 and 6.)

Discussion:

The by-law attached as Appendix "A" to this report will allo the creation of parcels of land to be conveyed to individual purchasers. We recommend that the applicant provide an undertaking to notify the City of the conveyances and that the City Solicitor be authorized to bring forward a repealing by-law to 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

Ted Tyndorf

Director, Community Planning

East District

Appendix A

Draft By-law for the lifting of Part-Lot Control on

Blocks 1,2,3,4,5 and 6 of Registered Plan 66M-2325 at 870 Pape Avenue

Authority: East York Community Council Report No. _____(___), October 14, 1998

Intended for first presentation to Council: October 28, 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 Blocks 1,2,3,4,5 and 6 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 Blocks 1,2,3,4,5 and 6 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