17.APPLICATION FOR EXEMPTION FROM PART-LOT CONTROL

- G. BISNAIRE FOR LEXINGTON GREEN HOMES LTD.

185 WRIGHT AVENUE, File No.: PL98-002, Ward 27, York-Humber.

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

(October 27, 1998)

Purpose:

To report on a request for exemption from Part-Lot Control for 16 semi-detached lots.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendations:

It is recommended that:

(1)the application for exemption from Part-Lot Control by Lexington Green Homes Ltd. for 16 semi-detached lots be approved;

(2)City Council enact a By-law to exempt certain lands from Part-Lot Control, in accordance with the draft By-law attached as Schedule 1 to this report and once enacted, the By-law be subsequently registered on title; and

(3)prior to the Bill being introduced to City Council, the City be in receipt of an undertaking from the Owner, to advise the Director of Community Planning, West District, in writing forthwith of the sale of the last of the multiple residential lots comprising lands described in the By-law.

Background:

On September 17, 1997, Council for the former City of York passed By-law Number 3578-97 to adopt Official Plan Amendment Number 149. It also passed site specific Zoning By-law Number 3579-97 to implement the Official Plan Amendment. Both the O.P.A. and Zoning By-law are in full force and effect. The site specific By-law permits the construction of 119 detached and semi-detached dwellings on the lands municipally known as 185 Wright Avenue in the former City of York.

A Plan of Subdivision to create the semi-detached and single detached dwelling lots was subsequently approved and registered as Plan 66M-2326 on September 16, 1998, in the Land Registry Office. An executed Subdivision Agreement which provides for the construction of public roads, services and other works and facilities for the development of the site, amongst other matters, also has been registered on title.

On July 6, 1998, Site Plan Approval was granted by the Commissioner of Development Services for the former City of York.

The Owner currently has a number of semi-detached dwellings under construction for 16 lots, namely, Lots 1 to 12 inclusive and 95 to 98 inclusive. (See Appendix 1). While most of the sales of the semi-detached dwellings on these lots are scheduled to close at the end of the year or in the first half of 1999, some semi-detached dwellings have not been sold. Consequently, the Owner has requested an exemption to Part-Lot Control for at least a one year period to expire December 31, 1999 so as to permit the sale and conveyance of all the unsold houses.

The provisions for the removal of Part-Lot Control are set out in Section 50(7) of the Planning Act. They permit municipalities to authorize the conveyance of land by the passage of a By-law to suspend the operation of Part-Lot Control which normally applies to all land within registered plans of subdivision and which prevents land owners from further subdividing and conveying any part of their lots.

This method of land division is typically used in developments of semi-detached dwellings and townhouses where 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 than either Plan of Subdivision or Consent by Committee of Adjustment.

Given that the parcels of land to which the Part-Lot Control exemption By-law pertains is subject to site specific zoning under By-law Number 3579-97 which restricts the use of these lots for semi-detached dwellings, the likelihood for abuse of the Part-Lot Control By-law is minimal. The Part-Lot Control exemption By-law will automatically be repealed on December 31, 1999, or alternatively, may be repealed after the sale of the last semi-detached dwelling on the identified lot. In this regard, it is recommended that prior to the Bill being introduced to City Council, the Owner provide an undertaking that the Owner will advise the Director of Community Planning, West District, in writing forthwith of the sale of the last of the multiple residential lots comprising lands described in the By-law.

Conclusions:

The approval of the application for exemption from Part-Lot Control as it applies to Lots 1 to 12, inclusive, and 95 to 98, inclusive is supportable. Council should consider enacting a Part-Lot Control Exemption By-law, in accordance with the draft By-law attached as Schedule 1 to this report.

Contact Name:L. Moretto

Manager, Community Planning - West District

York Civic Centre

Phone 394-2607Fax: 394-2782

(Copies of the aforementioned Appendix 1: Plan of Subdivision 66M-2326 and Schedule 1: Draft Part-Lot Control Exemption By-law were forwarded to all Members of Council with the agenda of the York Community Council meeting of November 12, 1998 and copies thereof are on file in the Clerk's Department, York Civic Centre.)

This is Schedule AA@ to City of Toronto By-law No.____________.

SCHEDULE AA@

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 95, 96, 97 and 98 on Plan of Subdivision Number 66M-2326 registered in the Land Registry Office for the Land Titles Division of Metropolitan Toronto (No. 66)..

Schedule 1 - Draft Part-Lot Control Exemption By-law

Authority:York Community Council Report No. ____, Clause No.____ as adopted by

Council on ________________

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No.

To designate certain lands on a registered plan

not subject to Part-Lot Control

_____________________________

WHEREAS authority is given to Council by Subsection 50(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended, to provide that Subsection 50(5) does not apply to such registered plans or part thereof as are designated in the by-law;

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Subsection 50(5) of the Planning Act does not apply to the lands described in Schedule `A= attached hereto.

2.Pursuant to Subsection 50 (7.3) of the Planning Act this By-law shall expire on December 31, 1999, unless it shall have prior to that date been repealed or extended by the Council for the City of Toronto.

ENACTED AND PASSED this day of , A.D. 1998.

__________________________________________________

MayorCity Clerk