April 22, 1999

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Exemption from Part Lot Control Application No. 099003 -Yonge/Summerhill Development Site, South Rosedale Subdivision for 79 and 81 Mathersfield Drive (Midtown)

Purpose:

To initiate the implementation of Part Lot Control Exemption By-law for the lands to be known municipally as 79 and 81 Mathersfield Drive within the Yonge/Summerhill Development Site, South Rosedale Subdivision.

Source of Funds:

Not applicable

Recommendations:

1.That a Part Lot Control Exemption By-law, pursuant to Section 50(7) of the Planning Act, be enacted for Lot 25, Plan 66M-2314 in respect to the lands to be known municipally as 79 and 81 Matherfield Drive within the Yonge/Summerhill Development Site, South Rosedale Subdivision, with an expiry date of 3 years from the date of adoption by Council.

2.That the City Solicitor be authorized to introduce the necessary Bills in Council to give effect to Recommendation 1.

Background

Toronto City Council, at its meeting held on November 25, 26 and 27, 1998, adopted the report of the Commissioner of Corporate Services (November 4, 1998) concerning a land exchange within the Yonge/Summerhill Development Site. The current owner, 1209011 Ontario Inc., of the easterly portion of the site and lands fronting onto Mathersfield Drive, requested a land exchange with the City.

Under the original development proposal for the site and at the request of Canadian Pacific Railway Company, Marathon, the original owner, had agreed to provide an exclusive access right-of-way to the CPR railway line. This proposed right-of-way would have adjoined the westerly limit of the public lane and the easterly limit of the proposed parklands. The owner has now been advised by CPR that this right-of-way is no longer required, as CPR will utilize the public lane system to provide access. As a result of these lands becoming available the owner put forward a proposal for a further land exchange with the City. The owner conveyed to the City the aforementioned right-of-way lands shown hatched on Map 2 and in exchange the City conveyed to the owner a parcel of land shown cross hatched on Map 2 and identified as PART 1 on a draft plan prepared J. D. Barnes, Ontario Land Surveyors.

Comments

In order to re-organize the land available after the land exchange described above, the owner has requested that 79 and 81 Mathersfield Drive be exempted from the Part Lot Control provision of the Planning Act. This will allow the owner to re-organize the boundaries of these two lots to include additional lands received from the City in the land exchange. This exemption would only effect the boundaries of these two properties and no new lots will be created. These two lots are proposed for development for two detached houses, and in accordance with the existing zoning provisions. The proposed part lot control exemption by-law is appropriate and raises no planning issues.

Inclusion within a registered plan of subdivision is a requirement of Section 50(7) of the Planning Act for the adoption of such a by-law, and the lands are with in a registered plan. The process for the exemption is a follows: the appropriate lots or blocks are identified on the plan of subdivision and an exemption is given from Part Lot Control via a By-law; the owner then re-surveys the lots and submits a Reference Plan showing the new parts; and when the parcels which are set out on the Reference Plan are conveyed and the Part Lot Control Exemption By-law is repealed.

The applicant has agreed that an expiration date of 3 years from the date of adoption. The date can be extended through future amendments to the by-law if necessary.

Conclusions

The proposed part lot control exemption by-law for this site raises no planning issues and is appropriate. Therefore, I am recommending that the City Solicitor be authorized to introduce the necessary Bills in Council to implement such an exemption.

Contact Name:Gregory Byrne

City Planning Division, North Section

Telephone: 392-0881

Fax: 392-1330

E-mail: gbyrne@toronto.ca

Beate Bowron

Director, Community Planning, South District

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