PART-LOT CONTROL EXEMPTION APPLICATION

G. BISNAIRE FOR LEXINGTON GREEN HOMES INC. (OWNER)

PART OF VACANT LANDS AT REAR OF 1945 LAWRENCE AVENUE WEST

FILE NO.: PL99-001

WARD 27,York Humber

Executive Director and Chief Planner of Urban Development Services

(December 15, 1999)

Purpose:

To report on a request for exeption from Part-Lot Control for a portion of lands to be soold to a religious order for the purpose of constructing a nun's residence which includes a workshop and retail space.

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) the application for exemption from Part-Lot Control by Lexington Green Homes Inc. be approved;

(2) City Council enact a By-Law to exempt a portion of the lands at the rear of 1945 Lawrence Avenue West (Part 25, Reference Plan of Survey 66R-18544) from Part-Lot Control, in accordance with the draft By-Law attached as attachment 4 to this report;

(3) the Part-Lot Control Exemption By-Law be registered on title to the lands;

(4) prior to Council passing the Part-Lot Control Exemption By-Law the owner shall:

(i) 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, West District for the City of Toronto, and,

(ii) demonstrate through the appropriate legal instruments that such a restriction has been registered on title; and,

(5) that City staff be authorized to take the appropriate and necessary action to give effect to the preceding recommendations.

Background:

Lexington Green Homes Inc. is the owner of a 0.804 hectare (2 acre) vacant property at the rear of 1945 Lawrence Avenue West as shown on the location map attached as attachment 1.

The application is made to permit Lexington Green Homes Inc. to sell a portion of the vacant lands, (Part 25, Reference Plan 66R-18544) to a religious order (Sisters of the Divine Master) to complete an agreement of purchase and sale with the religious order in February 2000.

Part 25 recently has been zoned to permit a nun's residence for the religious order that includes a workshop and retail area. Parts 1 to 24 on the Reference Plan also have been recently zoned to permit the development of 24 semi-detached dwellings with access from a new lane (Part 26) which is to be constructed and conveyed to the City (see attachment 2 - Site Plan and attachment 3 - Parcel Subject of Part-Lot Control Exemption Application)

Zoning By-law 654-1999 as amended by the Ontario Municipal Board to permit this total development is now in effect by Ontario Municipal Board Order #2175 issued on November 30, 1999.

Other residual parcels (Parts 27, 28, 29 and 30) also will be conveyed to the City for reserve and roads purposes. Consent applications to the Committee of Adjustment have been filed to permit division of Parts 1 to 24 and conveyance of Parts 26 to 30 to the City. Part 25 is not included with the consent applications because the consent approval process will not permit completion of the sale of Part 25 to the religious order by mid February 2000.

Comment:

The sale of Part 25 for the development of the nun's residence has no relationship to and will not impact on the semi-detached development located on the balance of the lands. Part 25 as well is not dependent on the future public lane for access or services. The development of the nun's residence on Part 25 will gain direct access and can be serviced from Pine Street. The future development of the nun's residence will require site plan approval as will the proposed semi-detached dwelling development.

Given that the parcels of land to which the Part-Lot Control exemption application pertains is subject to site specific zoning under By-law Number 654-1999 which permits the its use for a nun's residence, the likelihood for abuse of the Part-Lot Control exemption is minimal. However, to ensure that Part 25 is conveyed in its entirety to the religious order, and not further subdivided, the Legal Division has advised staff to recommend that prior to Council passing Part Lot Control Exemption By-law, the owner:

(i) be required to register on title to the lands 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, West District, and,

(ii) demonstrate to the City through the appropriate legal instruments that such a restriction has been registered on title.

The proposed Part Lot Control exemption By-law also has been drafted to contain an automatic date of March 31, 2000. (see attachment 4)

Agencies circulated on this application either provided no comment or no objection to this application.

Conclusions:

The approval of the application for exemption from Part-Lot Control as it applies to Part 25, Reference Plan of Survey 66R-18544 is supportable. Council should consider enacting a Part-Lot Control Exemption By-law, in accordance with the draft By-law attached as Schedule 1 to this report, subject to the requirement that prior to passing the Part-Lot Control Exemption By-law the owner register against title, a restriction to prohibit the transfer or charge of the subject lands or any part thereof without the consent of the Director of Community Planning, West District and the owner demonstrate that such a restriction has been registered;

Contact:

Lou Moretto Tel: (416) 394-2610

Manager of Community Planning Fax: (416) 394-2782

West District E-Mail: lmore@toronto.ca

Paul J. Bedford

Executive Director and Chief Planner

City Planning

Attachment 1: Location Map - Lands Rear of 1945 Lawrence Avenue West

Attachment 2: Site Plan - Lands Rear of 1945 Lawrence Avenue West

Attachment 3: Parcel Subject to Part Lot Control Exemption Application

Attachment 4: Draft Part Lot Control Exemption By-law

Attachment 4: Draft Part-Lot Control Exemption By-Law

Authority: York Community Council Report No. Clause No.

As adopted by City of Toronto Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No.

To designate certain lands on a registered plan not subject to Part-Lot Control.

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) does not apply to such registered plans or part thereof as are designated in the by-law.

The Council of the City of Toronto HEREBY ENACT as follows:

1. Subsection 50(5) of the Planning Act does not apply to the lands described in Schedule "A" attached hereto.

2. Pursuant to Subsection 50(7.3) of the Planning Act, this By-law shall expire on March 31, 2000, unless it shall have prior to that date been repealed or extended by Council for the City of Toronto.

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

CASE OOTES, NOVINA WONG,

Deputy Mayor City Clerk

SCHEDULE "A" TO BY-LAW No.

Part of Block A, Registered Plan M-304 formerly in the City of York, Municipality of Metropolitan Toronto, now in the City of Toronto more particularly described as Part 25, Reference Plan of Survey No. 66R-18544 deposited in the Land Titles Division of Metropolitan Toronto (No. 66)