STAFF REPORT

January 10, 2000

To: East York Community Council

From: Ted Tyndorf MCIP, RPP

Director of Planning, East Division

Subject: Part Lot Control By-law Amendment Application - PLC.18/99

Proposed 11 unit townhouse development

131466 Ontario Ltd.,

401 Dawes Road

Ward 1

Purpose:

This report recommends approval of a Part Lot Control Exemption Application to permit the development of 11 townhouses on a property currently zoned Residential R2A Site Specific at 401 Dawes Road.

Financial Implications and Impact Statement:

None

Recommendations:

It is recommended that:

(1) Council enact Part Lot Control Exemption By-law with respect to Lots 24, 25, 26 and Part of Lot 27 Registered Plan M-395 City of Toronto known municipally as 401 Dawes Road, (being Part 1 to 21, inclusive, on Draft Reference Plan -_____, a copy of which is attached as Figure 1).

(2) That the Part Lot Control Exemption By-law shall expire two years from the date of the passing of the By-law.

(3) Prior to Council passing the Part Lot Control Exemption By-law, the owner shall register against title a restriction satisfactory to the City Solicitor, whereby no transfer or charge of the subject lands or any part thereof shall be made without the consent of the Director of Community Planning, East District.

(4) Prior to the Director of Community Planning, East District's consent, the applicant is to demonstrate to the City through appropriate legal instrument(s) that easements for access and servicing will be granted to the appropriate property-owners in the development and that a maintenance agreement has been or will be registered against the appropriate titles.

(5) Council authorize such unsubstantive, technical or stylistic changes to the Part Lot Control Exemption By-law as may be required to properly carry out the intent of this resolution.

Background:

On May 13, 1999, City of Toronto Council approved a rezoning application, which permitted the development of this site with 11 street-front townhouses. The corresponding site-specific by-law amendment implementing Council's decision came into effect on June 14, 1999.

The development proposal illustrated on Figure 1 - Draft Reference Plan, provides for the creation of six freehold residential lots on Gower Street and five freehold residential lots on Dawes Road. The lots are to be developed with multiple-attached townhouse units. Vehicular access to all the units is provided via a single driveway with rights-of-way provided to all the owners. The driveway leads to individual "on site" rear yard parking spaces which will belong to the five Dawes Road facing residences and six parking spaces grouped along the north-east parameter of the site which will belong to each of the six Gower Street residences on a one parking space per individual residence basis. The project also provides a pedestrian connection to the parking spaces by means of a walkway located adjacent to the rear yards of the Gower Street units. All the unit owners will have a right-of-way over the walkway.

Comments:

The presence of servicing and access easements and the need for a maintenance agreement to cover the vehicular access driveway, the walkway, the rear lane and lighting, landscaping and fencing, suggests that a condominium ownership of these elements would be desirable. However the proposed amendments to the Condominium Act, which will provide for freehold development with commonly held elements, are not yet in place.

In the absence of this legislation, the applicant has prepared a maintenance agreement, which sets out the responsibilities of the unit owners with respect to the maintenance of the driveway, walkway and other such elements.

Recommendations No. 3 and 4 will ensure that the lots to be created are in accordance with lots proposed in this report and are conveyed together with and subject to any necessary right-of-way easements. The registration of the maintenance agreement on title to the property will ensure that the prospective purchasers have notice of the agreement.

Both Legal Services and Works and Emergency Services have had input into this report.

Contact:

Jean Besz

Senior Planner East York District Office

Tel: (416) 397-4647

Fax: (416) 397-4582

E-mail-jbesz@city.toronto.on.ca

Ted Tyndorf, MCIP, RPP

Director of Community Planning East York

List of Attachments:

Figure 1 - Draft Reference Plan

Authority: East York Community Council Report No. Clause No. ,

as adopted by City of Toronto Council at its meeting held on February

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. - 2000

To designate certain lands on a registered plan

not subject to Part Lot Control

(Re: 401 Dawes Road)

WHEREAS authority is given to Council by Subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, to provide that Subsection 50(5) of the Planning Act does not apply to such registered plans or parts thereof as are 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, as amended, does not apply to the lands described in Schedule "A" attached hereto.

ENACTED AND PASSED this day of , A.D. 2000.

Mayor City Clerk

SCHEDULE "A" TO BY-LAW NO.

Lots 24, 25, 26 and Part of Lot 27 on Registered Plan M-395, designated as Parts 1 to 21 inclusive on Reference Plan 66R- , in the City of Toronto (formerly the Borough of East York), deposited in the Land Titles Division of the City of Toronto (No. 66).