18.REQUEST FOR EXTENSION OF THE EXPIRY OF PART LOT CONTROL EXEMPTION LIPPINCOTT STREET EAST, F. ZAPPONE LIMITED

FILE Pl98-001, Ward 27 -York Humber.

Karen V. Bricker, MCIP, Director of Community Planning, West District

(September 28, 1998)

Purpose

To report on a request to extend the expiry date for Part-lot control exemption as it relates to 38 new townhouses on lands at Weston Road and Lippincott Street East.

Financial Implications:

None.

Recommendations:

It is recommended that:

(1)Council enact a By-law to extend the expiration of Part-lot control exemption and to delete certain parcels on the development site from Part-lot control exemption, in accordance with the draft Amending By-law attached as Appendix 2 to this report, and

(2)that appropriate City staff be instructed to give effect thereto including registration of the Amending By-law once it is enacted.

Background:

1.Use of Part-lot control exemption

On June 10, 1997, the former City of York Council enacted By-law No. 3499-97 to exempt a freehold townhouse development on the lands at 1575 Weston Road from the operation of Part-lot control. By-law No. 3499-97 expires on December 31, 1998. Thirty-eight townhouses fronting on Weston Road and Lippincott Street East have been developed and constructed by F. Zappone Limited. Nine townhouses remain to be sold and 2 townhouses, which have been sold, have not closed.

The removal of Part-lot control as authorized by Section 50(7) of the Planning Act is typically used in developments of semi-detached dwellings and freehold townhouses since it is much easier to finalize the precise lot boundaries after the dwellings have been constructed. It is also a more expeditious method of land division of dwellings and lots than either Plan of Subdivision or Consent. Accordingly, Part-lot control exemption was used for this 38 unit townhouse development

2.Request to extend the expiration of Part-lot control exemption

A request has been received from the Solicitors for F. Zappone Limited, to extend the expiration of the Part-lot control exemption By-law for an additional period of one year. The developer/builder is refinancing the property and the new lender requires an extension to the said By-law prior to advancing funds.

Comment:

The request to extend the expiration of Part-lot control exemption is reasonable. However, the extension for a period of one year to December 31, 1999 would appear excessive in view of the indication by the developer/builder that it is anticipated that most of the remaining seven townhouses will be sold by year end with the balance to follow in 1999. Council should consider extending the expiry by only an additional six months. Doing so would provide a nine month period from October 1, 1998 to sell and convey the remaining townhouses.

The provisions of Section 50(7) of the Planning Act also permit Council to amend a By-law exempting lands from Part-lot control in order to delete part of the land described in it once Part-lot control exemption has served it purpose. Once the by-law amendment is enacted it is necessary to also register the amending By-law in order to reinstate Part-lot control on those lots where exemption is no longer needed. Since twenty-seven of the lots with townhouses have been sold and conveyed, there is no further need for these lots to be exempt from the operation of Part-lot control. Council also should consider amending Schedule "A" to By-law No. 3499-79 which describes the lands exempted from Part-lot control to retain only Parts 28 to 38, inclusive and Part 41, as described on Reference Plan 64R-15348. Parts 28 to 38 are the lots containing the remaining townhouses to be sold. Part 41 is to be conveyed along with Part 28 as it is the side yard separating this Block of townhouses from the adjoining Block of townhouses which have already been sold and conveyed. Appendix 1 shows Parts 28 to 38 and Part 41.

Conclusions:

The request to extend the expiration of Part-lot Control as it applies to Weston Road and Lippincott Street East is reasonable. Council should consider enacting a By-law to amend Part-lot Control Exemption By-law No. 3499-97 in order to:

i)extend the expiration of Part-lot control exemption for a further six month period to June 31, 1999, and

ii)limit the operation of Part-lot control exemption to Parts 28 to 38, inclusive and Part 41, on Reference Plan 64R-15348 which contain the remaining townhouses to be sold.

A draft amending By-law is attached as Appendix 2.

Contact Name:

L. Moretto Tel: (416)394-2617Fax: (416) 394-2782

Manager of Community Planning, West District

Appendix 2: Draft Amending By-law

Authority:

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.:

BY-LAW NO.

to amend CITY OF YORK BY-LAW NUMBER 3499-97

being a By-law to designate certain lands

not subject to Part-lot control

_____________________________________________________________

WHEREAS Subsection 50 (7.4) of the Planning Act R.S.O. 1990, c. P. 13, as amended, authorizes City Council by By-law to extend the time period specified for the expiration of a by-law to designate lands within a registered plan of subdivision as lands subject to part-lot control;

AND WHEREAS Subsection 50 (7.5) of the Planning Act authorizes City Council by By-law to repeal or amend a by-law to designate lands within a registered plan of subdivision as land not subject to part-lot control, in order to delete part of the land described in it;

NOW THEREFORE THE COUNCIL OF THE CITY OF TORONTO ENACTS AS FOLLOWS:

1,By-law No. 3499-97 is amended by:

a)deleting from paragraph 3 the date "December 31, 1998" and inserting in its place the following date "June 31, 1999";

b)deleting Schedule `A' to By-law No. 3499-97 and replacing it with Schedule "A" attached hereto.

ENACTED and PASSED this day of October, 1998.

_______________________ _________________________

Mel LastmanNovina Wong

MAYORCLERK

This is SCHEDULE "A" To City of Toronto By-law No. ____________.

SCHEDULE "A"

Part of Lots N and O on registered Plan 500, in the City of Toronto (formerly the City of York), being more particularly described as Parts 28 to 38, inclusive, and Part 41 on Reference Plan 64R-15348, deposited in the Registry Office for the Registry Division of Toronto (No. 64).

(A copy of Appendix 1: Reference Plan 64R-15398 referred to in the foregoing communication, was forwarded to all Members of Council with the agenda of the York Community Council meeting of October 14, 1998 and a copy thereof is on file in the Clerk's Department, York Civic Centre.)