366 Rogers Road and 50 to 100 Bronoco Avenue

Application for Exemption from Part-Lot Control

Landcrest Development Management Inc. for Mateus Village Inc.

Ward 28, York Eglinton

The York Community Council recommends the adoption of the following report (November29, 1998) from the Director, Community Planning, West District:

Purpose:

To report on a request for exemption from Part-Lot Control for 17 semi-detached lots.

Funding Sources, 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 Mateus Village Inc. for 17 semi-detached lots be approved;

(2)City Council enact a By-law to exempt certain lands from Part-Lot Control, in accordance with the draft By-law attached as Schedule 1 to this report and once enacted, the By-law be subsequently registered on title;

(3)prior to the Bill being introduced to City Council, the City be in receipt of an undertaking from the Owner, to advise the Director of Community Planning, West District, in writing forthwith, of the sale of the last of the multiple residential lots comprising lands described in the By-law;

(4)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

Approval of a draft plan of subdivision to create 17 lots, each to be developed with a pair of semi-detached dwellings was granted by the former Commissioner of Planning for Metropolitan Toronto on October 31, 1998, subject to a number of conditions including securing all necessary zoning variance approvals entering into a Subdivision Agreement with the City.

The current RM1-Residential Multiple Zone District zoning permits the use of the lands for a semi-detached house development, but variances to the zoning regulations standards were necessary to permit the development. Applications for minor variances to lot frontage, front yard depth, side yard width, lot area, and floor space index density, as necessary to permit the development , were granted by the Committee of Adjustment on December 2, 1997. An executed Subdivision Agreement which provides for the construction of public roads, services and other works and facilities for the development of the site, among other matters, has been registered on title.

On June 9, 1998, Site Plan Approval was granted by the Commissioner of Development Services for the former City of York.

Final approval of the Plan of Subdivision was given on September 25, 1998 and it was subsequently registered as Plan 66M-2327 on September 30, 1998, in the Land Registry Office . (See Appendix1)

Semi-detached dwellings are under construction for all of the 17 lots in the Plan of Subdivision. All but 4 semi-detached dwellings on Rogers Road have been sold. In addition, at the time of sale of the homes, the owner will also convey mutual rights-of-way between the pairs of semi-detached dwellings, for passage purposes due to the narrow side yard widths between the houses. The semi-detached dwellings that have been sold are scheduled to close between January and August, 1999. The owner anticipates that the remaining four units will be sold prior to the end of 1999. Consequently, the owner has requested an exemption to Part-Lot Control for at least a one-year period to expire December 31, 1999, so as to permit the sale and conveyance of all the unsold houses.

The provisions for the removal of Part-Lot Control are set out in Section 50(7) of the Planning Act. They permit municipalities to authorize the conveyance of land by the passage of a By-law to suspend the operation of Part-Lot Control, which normally applies to all land within registered plans of subdivision and which prevents land owners from further subdividing and conveying any part of their lots.

This method of land division is typically used in developments of semi-detached dwellings and townhouses, where it is much easier to finalize the precise lot boundaries after the dwellings have been constructed. It is also a more expeditious method of land division than either Plan of Subdivision or Consent by Committee of Adjustment.

Given that the parcels of land to which the Part-Lot Control exemption By-law pertains is subject to site specific variances granted by the Committee of Adjustment for semi-detached dwellings, the likelihood for abuse of the Part-Lot Control By-law is minimal. The Part-Lot Control exemption By-law will automatically be repealed on December 31, 1999, or alternatively, may be repealed after the sale of the last semi-detached dwelling on the identified lot. In this regard it is recommended that prior to the Bill being introduced to City Council, the Owner provide an undertaking that the Owner will advise the Director of Community Planning, West District, in writing forthwith, of the sale of the last of the multiple residential lots comprising lands described in the By-law.

Conclusions:

The approval of the application for exemption from Part-Lot Control as it applies to Lots 1 to 17 inclusive, 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 condition that the undertaking noted above be provided prior to the introduction of the Bill to City Council.

Contact Name:

L. Moretto

Manager, Community Planning - West District

York Civic Centre

Tel: 394-2607Fax: 394-2782

(A copy of Appendix 1: Plan of Subdivision 66M-2327 referred to in the foregoing communication, was forwarded to all Members of Council with the agenda of the York Community Council meeting of December 9, 1998 and a copy thereof is on file in the Clerk's Department, York Civic Centre.)

Schedule 1 - Draft Part-Lot Control Exemption By-law

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 enacts 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 December31,1999, unless it shall have prior to that date been repealed or extended by the Council for the City of Toronto.

ENACTED AND PASSED this day of , A.D. 1998.

SCHEDULE "A" TO CITY OF TORONTO BY-LAW NO.

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 on Plan of Subdivision No. 66M-2327 registered in the Land Registry Office for the Land Titles Division of Metropolitan Toronto (No. 66)