Application by Upper East Side Riverdale Inc.
for an Exemption of Land from the Provisions of
Part-Lot Control - 870 Pape Avenue Phase Two
The East York Community Council recommends the adoption of the following report (September29, 1998) from
the Director, Community Planning, East District:
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:
It is recommended that:
(1)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)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; and
(3)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 (blocks1,2,3,4,5 and 6.)
Discussion:
The by-law attached as Appendix "A" to this report will allow 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
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
Insert Table/Map No. 1
Schedule 1