October 20, 1999

To: Toronto Community Council

From: Acting Commissioner of Urban Development Services

Subject: 1669 Queen Street East (Woodbine Park Subdivision), Application No. 099042, request for exemption from Part Lot Control.

(East Toronto)

Purpose:

This report recommends approval of a draft By-law which exempts the blocks listed in Schedule A, all within the Woodbine Park Subdivision at 1669 Queen Street East, from Part Lot Control.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that:

(1) A Part Lot Control Exemption By-law be enacted in respect of those blocks proposed for the development of townhouse dwellings in the Woodbine Park Plan of Subdivision which are identified in Schedule A of this report.

(2) The City Solicitor be authorized to introduce the necessary Bills in Council to give effect to recommendation 1.

(3) The appropriate City Officials be authorized and directed to register the By-law on title.

Background:

The developer of the Woodbine Park Subdivision has requested that the blocks on the attached schedule be exempted from the Part Lot Control provisions of the Planning Act. These blocks are approved for the development of townhouses in accordance with the applicable zoning and therefore will be further subdivided into parcels containing one dwelling unit each.

Part Lot Control typically prevents the conveyance of anything less than a full lot or block on a plan of subdivision. The purpose of proceeding by way of a Part Lot Control Exemption By-law is to allow the builder to build the townhouses on large blocks and then to establish the property lines between the townhouse units at the exact location of the built party walls between the units for the purpose of then conveying the units.

Comments:

The builder is ready to begin construction and the City is generally in a position to issue building permits for blocks 165, 166, 175 and 176 of Plan 66M-2332. Construction on these blocks is expected to be completed within two years. In the interest of efficiency the applicant has also applied for exemption from part lot control for the remainder of the townhouse blocks in Woodbine Park, including blocks 167, 168, 169, 170, 171, 172, 173, 174, 177, 178, 179, 180, 181 and 182 of Plan 66m-2332. Construction of homes on these blocks is expected to be complete within four years.

The Zoning By-law requires that only one residential building may be constructed per conveyable parcel of land. Therefore, the Part Lot Control Exemption By-law is required to be in place prior to the issuance of any building permits. The Part Lot Control Exemption By-law will allow the builder to meet this zoning requirement.

The process for exemption from Part Lot Control is as follows:

(a) 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.

(b) The builder obtains building permits and constructs the foundations and the buildings.

(c) The builder then resurveys the individual townhouse lots and submits a Reference Plan showing the parcels each containing one dwelling unit.

(d) When the parcels which are set out on the Reference Plan are conveyed, the duration of the Part Lot Control Exemption By-law is allowed to lapse.

(f) Part Lot Control is again in effect and now applies to the newly created townhouse lots.

It should be noted that the applicable zoning permits the townhouse units on these lots and that the builder is still required to comply with all of the provisions of the Zoning By-law. Section 5.6 of my final report on the Woodbine Park development anticipated exemption from Part Lot Control as a necessary and acceptable action.

Conclusion:

I am recommending approval of this application.

Contact:

Tim Burkholder

Community Planning, East Section

Telephone: 392-0412

Fax: 392-1330

E-Mail: tburkhol@toronto.ca

Beate Bowron

Director, Community Planning, South District

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List of Attachments:

Schedule A - list of lots proposed to be exempted from Part Lot Control

SCHEDULE "A"

In the City of Toronto and in the Province of Ontario, being composed of Blocks:

i) 165, 166, 175, 176; and Blocks

ii) 167, 168, 169, 170, 171, 172, 173, 174, 177, 178, 179, 180, 181 and 182

inclusive according to Plan 66M-2332 registered in the Lands Registry Office for the Lands Titles Division of Toronto (No. 66).