STAFF REPORT
October 21, 1999
To: Chair & Members, York Community Council
From: Karen V. Bricker, MCIP, Director of Community Planning, West District
Subject: Request for extension of the expiry of Part-Lot Control Exemption
G. Bisnaire for Lexington Green Homes Ltd.
185 Wright Avenue
Ward 27- York - Humber
Purpose:
To report on a request to extend the expiry date for Part-Lot Control exemption as it relates to 5 semi-detached dwelling
lots within a residential subdivision that is nearing completion of construction on lands in the vacinity of Jane Street and
Lawrence Avenue West.
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) Council enact a By-law to extend the expiration of Part-Lot Control exemption and to delete certain lots on the
development site from Part-Lot Control exemption, in accordance with the draft Amending By-Law attached as Appendix
3 to this report.
(2) that appropriate City staff be instructed to give effect thereto including registration of the Amending By-Law once it is
enacted.
Background:
(1) Use of Part-Lot Control exemption
A semi-detached and single detached dwelling subdivision is nearing completion of construction on the lands formerly
known as 185 Wright Avenue in the former City of York. (See Appendix 1 - Location Map).
On November 26, 1998 City Council enacted By-Law 823-1998 to exempt sixteen lots on Plan of Subdivision 66M-2326
from Part-Lot Control. The Part-Lot Control exemption will expire on December 31, 1999. The sixteen lots have been
constructed with semi-detached dwelling houses and eleven have been conveyed. One half of each of the remaining five
semi-detached lots namely lots 1 and 95 to 98 inclusive have been sold but will not close prior to the expiration of Part-Lot
Control. These lots are shown on Appendix 2.
Forest Green Homes, the owner and developer of the subdivision, has requested that the existing Part-Lot Control By-Law
be amended to extend the expiry of Part-Lot Control exemption for an additional six months to June 30, 2000, in order to
complete the sales program for the remaining five lots.
Comments:
The request to extend the expiration of Part-Lot Control Exemption is reasonable. However, since eleven of the
semi-detached lots have been sold and conveyed, there is no further need for these lots to be exempt from of Part-Lot
Control.
The provisions of Section 50(7) of the Planning Act permit Council to amend a By-Law exempting lands from Part-Lot
Control in order to delete part of the land described in it once Part-Lot Control exemption has served it purpose. Once the
by-law amendment is enacted it is necessary to also register the amending By-Law in order to reinstate Part-Lot Control on
those lots where exemption is no longer needed.
Schedule "A" to By-Law 823-1998 which describes the lands exempted from Part-Lot Control should therefore also be
amended to apply only to the remaining lots, 1, 95 and 98, inclusive because they will not be conveyed prior to the end of
this year.
Conclusions:
The request to extend the expiration of Part-Lot Control as it applies to the Subdivision development is reasonable. It is
recommend that Council enact a By-Law in accordance with the draft By-law attach as Appendix 3 to amend Part-Lot
Control exemption By-Law 823-1998 in order to:
(i) extend the expiration of Part-Lot Control Exemption for a further six months to June 30, 2000, and;
(ii) limit the operation of Part-Lot Control Exemption to Lots on Subdivision 66M-2326 which contains the remaining
semi-detached dwellings to be conveyed as noted in this report;
Contact:
Lou Moretto Tel: (416) 394-2617
Manager of Community Planning Fax: (416) 394-2782
West District
Karen V. Bricker, MCIP
Director of Community Planning
West District
Appendices:
Appendix 1: Location Map
Appendix 2: Plan of Subdivision 66M-2326
Appendix 3: Draft Amending By-Law