Application by Upper East Side
Riverdale Inc. for an Exemption
of Land from the Provisions of
Part-Lot Control - 870 Pape Avenue
The East York Community Council recommends the adoption of the following report (July10,1998) from the
Commissioner of Development Services, East York:
Purpose:
This report to the July 22, 1998 East York Community Council concerns a request by UpperEastSide 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 plan 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
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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:
Bill No.
City of Toronto
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
Insert Table/Map No. 1
Mortimer Avenue