Request for Exemption from Part Lot Control

Lawctor Holdings Incorporated, 416 The Westway

(Kingsway-Humber)

The Etobicoke Community Council recommends the adoption of the following report (April14, 1999) from the Director of Community Planning, West District:

Purpose:

To review a request for exemption from Part Lot Control.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the request for exemption from Part Lot Control be approved and that staff be authorized to forward draft bills to City Council for adoption.

Background:

The property is located at the northeast quadrant of The Westway and Martin Grove Road. The lands were the subject of Zoning Amendment and Site Plan Control applications submitted in 1991 and 1994. The property was also the subject of two Ontario Municipal Board Hearings, which ultimately resulted in a Board Decision dated February 11,1998, approving the rezoning of the property to Sixth Density Residential (R6) to permit the development of 22, three-story townhouses in conjunction with an existing apartment building. A Board Order approving the amending by-law and the conditions of Site Plan Control approval is expected shortly.

Proposal:

The applicant is requesting exemption from Part Lot Control in order to first separate the existing apartment from the townhouse parcel (with appropriate easements) and secondly, to create separate parcels for the townhouse units. Exhibits Nos. 1 and 2 are copies of a location plan and site plan.

Comment:

The project has been approved by the Ontario Municipal Board and reviewed during the rezoning and site plan control approval processes. The applicant will be required to fulfil conditions of site plan control approval imposed by the Ontario Municipal Board and financial securities will be required prior to the issuance of building permits to ensure completion in accordance with the approved plans. The lifting of Part Lot Control is requested in order to separate the apartment site from the townhouse parcel and to permit the sale of the individual units.

The staff in Community Planning, Fire Services, Building Standards and Works and Emergency Services have reviewed the application and have no objection with the requested exemption. Urban Development staff are satisfied that sufficient public notice for the project was given in connection with the Ontario Municipal Board Hearings and that further public notice is not warranted.

Conclusion:

An exemption from part lot control for the project is considered appropriate for the orderly development of the land. Staff will forward the Bills when appropriate.

Contact Name:

Paul Zuliani, Senior Planner, Community Planning

Tel: (416) 394-8230; Fax: (416) 394-6063

(Draft Bill - City of Toronto and

Lawctor Holdings Inc., Part Lot Control

Exemption By-law - 416 The Westway,

Submitted by Reble, Ritchie, Green & Ketcheson)

CITY OF TORONTO

BY-LAW No. 1999-

To designate certain lands on a Registered Plan not subject

to Part Lot Control, in the City of Toronto

WHEREAS authority is given to Council by subsection 50(7) of the Planning Act, R.S.O.1990, c.P.13, as amended to pass this By-law;

The Council of The Corporation 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, shall not apply to the lands described in Schedule "A".

2.THAT this By-law shall expire twelve months from the day of its passage by Council.

ENACTED AND PASSED this day of May, A.D. 1999.

(A copy of Exhibits Nos. 1 and 2, referred to in the foregoing report, was forwarded to all Members of Council with the agenda for the Etobicoke Community Council meeting of April 28, 1999, and a copy of each is on file in the office of the City Clerk.)