20.1576 WESTON ROAD, TORONTO - CONSENT AGREEMENT ARISING FROM A COMMITTEE OF ADJUSTMENT DECISION, Ward 27, York-Eglinton.

Commissioner of Development Services, York Civic Service Centre

(June 8, 1998) Purpose:

To obtain the authority for the Chief Financial Officer & Treasurer and Clerk, on behalf of the City, to enter into a Consent Agreement with respect to the subject property.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That the Chief Financial Officer & Treasurer and Clerk be authorized, on behalf of the City, to execute a Consent Agreement with respect to 1576 Weston Road, in the former City of York, such Consent Agreement to be in form satisfactory to the City Solicitor.

Council Reference/Background/History:

This matter arises out of the Committee of Adjustment decision dated April 14, 1998 for odd numbered consent applications CA-98-81 to CA-98-101 inclusive. The applications pertain to the property municipally known as 1576 Weston Road located on the northwest corner of Weston Road and Clouston Avenue in the former City of York. The building on the property was formerly occupied by a car leasing operation. The property has a length of 56.03 metres measured along Weston Road and a lot area of approximately 2006 square metres (0.5 acres).

The owner of the property wishes to demolish the existing building and create 12 separate lots each to be developed with a townhouse. Six townhouses will front on Clouston Avenue and will have built-in garages with driveway access to the street. The other six townhouses will front on Weston Road and each will have a rear yard parking space accessed from a new lane leading to Clouston Avenue. Under the consent applications, the owner also proposes the creation of two separate parts for the purpose of conveying a parcel (Part 19) to the City for a public lane and a parcel (Part 20) along the full length of Weston Road for roads purposes. The lot subdivision plan and the site plan are attached as Schedules A and B, respectively.

By its decision dated April 14, 1998, the Committee of Adjustment granted provisional consent subject to a number of conditions being fulfilled within one year from the date of its decision. Condition AA@ of the decision requires that the owner enter into a Consent Agreement with the City to be registered on title to subject lands and to provide for the following matters:

1)Construction of the lane over Part 19 to municipal standards, including lighting, to the satisfaction of the Operations Services Department and York Hydro;

2)Construction of all municipal services, including utilities, within the lane (Part 19) to the satisfaction of the Operations Services Department;

3)A warning clause to advise of the City=s lack of maintenance provisions of the lane, with respect to snow removal (including sanding and salting);

4)The connection of municipal services and utilities constructed on site of the existing off-site municipal services and utilities, including any improvement, replacement or extension of such existing off-site municipal services and utilities, all to the satisfaction of the Operations Services Department;

 5)Conveyance of the following parcels:

 - Lands on the west side of Weston Road (Part 20) to the City, and

- Part 19 to the City for public lane purposes.

 6)The provision of all works and facilities required by the agreement, at no cost to the city;

 7)Time frames for providing the required works and facilities, and limitations on building permits and occupancy of residential units;

 8)Financial security to guarantee completion of the required works and facilities;

 9)The Submission to the Chief Building Official, a completed ARecord of Site Condition@ pursuant to the Ministry of the Environment and Energy AGuideline for Contaminated Sites in Ontario@, stating in Part 3 of the ARecord of Site Condition@ that the lands are suitable for Residential/Parkland uses, and such ARecord of Site Condition@ shall be marked as having been received by the Ministry of the Environment and Energy;

 10)The applicant pay to the City a levy for parks or other public recreational purposes equivalent to 5% of the total value of the severed land. For this purpose the value of the land is to be determined by a qualified appraiser acceptable to the City, and

11)Any other matters deemed appropriate by the City Solicitor.

A copy of the decision of the Committee of Adjustment dated April 14, 1998 is attached as Schedule AC@.

Comments and/or Discussion and/or Justification:

The condition to enter into a Consent agreement as imposed by the Committee of Adjustment reflects the recommendations made by the Planning Department to the Committee of Adjustment. The entering into of the Consent Agreement is necessary in order for the owner of the subject property to finalize the land severance and advance the development to the building permit stage. The agreement is currently being prepared in a form satisfactory to the City Solicitor.

Conclusions:

The entering into a registration of the Consent Agreement against title to the subject property will satisfy one of the conditions imposed by the Committee of Adjustment to sever the subject property for a 12 unit freehold townhouse development.

Contact Person:

L. Moretto, Director Development Review

York Civic Service Centre

Tel: (416) 394-2617, Fax: (416) 394-2782

( Copies of Schedule A: Lot Subdivision Plan; Schedule B: Site Plan, and Schedule C: Committee of Adjustment decision of April 14, 1998, referred to in the foregoing report, were forwarded to all Members of Council with the agenda of the York Community Council meeting of June 24, 1998, and copies thereof are on file in the Clerk's Department, York Civic Service Centre.)