Exemption from Part Lot Control -

Yonge/Summerhill Development Site -

South Rosedale Subdivision -

79 and 81 Mathersfield Drive (Midtown)

The Toronto Community Council recommends the adoption of the following report (April12,1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To initiate the implementation of Part Lot Control Exemption By-law for the lands to be known municipally as 79 and 81 Mathersfield Drive within the Yonge/Summerhill Development Site, South Rosedale Subdivision.

Source of Funds:

Not applicable

Recommendations:

(1)That a Part Lot Control Exemption By-law, pursuant to Section 50(7) of the Planning Act, be enacted for Lot 25, Plan 66M-2314 in respect to the lands to be known municipally as 79 and 81 Matherfield Drive within the Yonge/Summerhill Development Site, South Rosedale Subdivision, with an expiry date of 3 years from the date of adoption by Council.

(2)That the City Solicitor be authorized to introduce the necessary Bills in Council to give effect to Recommendation 1.

Background

Toronto City Council, at its meeting held on November 25, 26 and 27, 1998, adopted the report of the Commissioner of Corporate Services (November 4, 1998) concerning a land exchange within the Yonge/Summerhill Development Site. The current owner, 1209011 Ontario Inc., of the easterly portion of the site and lands fronting onto Mathersfield Drive, requested a land exchange with the City.

Under the original development proposal for the site and at the request of Canadian Pacific Railway Company, Marathon, the original owner, had agreed to provide an exclusive access right-of-way to the CPR railway line. This proposed right-of-way would have adjoined the westerly limit of the public lane and the easterly limit of the proposed parklands. The owner has now been advised by CPR that this right-of-way is no longer required, as CPR will utilize the public lane system to provide access. As a result of these lands becoming available the owner put forward a proposal for a further land exchange with the City. The owner conveyed to the City the aforementioned right-of-way lands shown hatched on Map 2 and in exchange the City conveyed to the owner a parcel of land shown cross hatched on Map 2 and identified as PART 1 on a draft plan prepared J. D. Barnes, Ontario Land Surveyors.

Comments

In order to re-organize the land available after the land exchange described above, the owner has requested that 79 and 81 Mathersfield Drive be exempted from the Part Lot Control provision of the Planning Act. This will allow the owner to re-organize the boundaries of these two lots to include additional lands received from the City in the land exchange. This exemption would only effect the boundaries of these two properties and no new lots will be created. These two lots are proposed for development for two detached houses, and in accordance with the existing zoning provisions. The proposed part lot control exemption by-law is appropriate and raises no planning issues.

Inclusion within a registered plan of subdivision is a requirement of Section 50(7) of the Planning Act for the adoption of such a by-law, and the lands are with in a registered plan. The process for the exemption is a follows: the appropriate lots or blocks are identified on the plan of subdivision and an exemption is given from Part Lot Control via a By-law; the owner then re-surveys the lots and submits a Reference Plan showing the new parts; and when the parcels which are set out on the Reference Plan are conveyed and the Part Lot Control Exemption By-law is repealed.

The applicant has agreed that an expiration date of 3 years from the date of adoption. The date can be extended through future amendments to the by-law if necessary.

Conclusions

The proposed part lot control exemption by-law for this site raises no planning issues and is appropriate. Therefore, I am recommending that the City Solicitor be authorized to introduce the necessary Bills in Council to implement such an exemption.

Contact Name:

Gregory Byrne

City Planning Division, North Section

Telephone: 392-0881

Fax: 392-1330

E-mail: gbyrne@toronto.ca

Insert Table/Map No. 1

79 and 81 Mathersfield Drive

Insert Table/Map No. 2

79 and 81 Mathersfield Drive

Insert Table/Map No. 3

79 and 81 Mathersfield Drive

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The Toronto Community also submits Clause No. 14 of the Corporate Services Committee Report No. 17, titled "City-Owned Vacant Lands, Part of the Closed Road Allowance Known as Summerhill Avenue, and Lands Acquired by the City as Part of the Yonge/Summerhill Development Review Process, Declaration as Surplus and Proposed Land Exchange (Ward 23 - Midtown), which was amended and adopted by City Council at its meeting held on November 25, 26 and 27, 1998:

(City Council on November 25, 26 and 27, 1998, amended this Clause by amending the report dated November 4, 1998, from the Commissioner of Corporate Services:

(1)to provide that Recommendation No. (7) embodied therein shall now read as follows:

"(7)(a)the City Solicitor be authorized to complete this transaction according to the terms and conditions to be incorporated in a Land Exchange Agreement between the City and 1209011 Ontario Inc. and pay those costs incidental to the closing with 1209011 Ontario Inc. paying Land Transfer Tax and GST; and

(b)the completion of the land exchange is conditional upon 1209011Ontario Inc. constructing or agreeing to construct the berm and acoustic fence as shown on Appendix D along the south side of the railway right-of-way, and further, provided that 1209011 Ontario Inc:

(i)constructs or agrees to construct on the top of the berm along the south side of the railway line, a sound attenuation wall;

(ii)provides plants for both the north and south slopes of the berm; and

(iii)provides a water line;";

(2)to delete from the body of such report, under the heading "Comments", the following paragraph(a):

"(a)revise the construction of the berm to address the concerns of the residents north of the Canadian Pacific Railway Line on the slope of the berm;"; and

(3)to append to such report a new Appendix D, being a sketch depicting measurements and elevations for the acoustic fence.)

The Corporate Services Committee recommends the adoption of the following report (November4, 1998) from the Commissioner of Corporate Services:

Purpose:

(1)To declare surplus to the City's requirements, the City-owned lands shown cross hatched on the attached Appendix "A"and also shown on a Draft Plan of Survey, Appendix "B" prepared by J. D. Barnes Ltd., Ontario Land Surveyors as PART 1; and

(2)to approve a land exchange between the City and 1209011 Ontario Inc., the owner of the "Mathersfield Drive" Subdivision, whereby the City would acquire a parcel of land, shown hatched on Appendix "A" as PART E located at the north-westerly limit of said subdivision, to be merged with the proposed adjoining parklands to the west, and in exchange the City would convey to the adjoining owner the lands cross hatched on Appendix "A".

Financial Implications:

There are no financial implications to the City. 1209011 Ontario Inc. is to assume all costs to publish the required notices, the cost of surveys, and the payment of Land Transfer Tax and GST associated with the closing of the real estate transaction.

Recommendations:

It is recommended that:

(1)City Council declare as surplus to the City's requirements those City-owned lands, comprising a portion of the closed road allowance known as Summerhill Avenue and the two adjoining parcels of land being acquired by the City as part of the Yonge/Summerhill development review process and described as being Part of Lot 36, Thompson Avenue, Lot24, Registered Plan 277Y, City of Toronto and shown cross hatched on Appendix "A" and also shown as PART 1 on a draft plan of survey, Appendix "B" prepared by J. D. Barnes Ltd;

(2)the Commissioner of Corporate Services give notice to the public of the City-owned lands being declared surplus;

(3)the City Clerk publish notice of the proposed by-law to sell part of the closed road allowance upon payment by 1209011 Ontario Inc. of the out-of-pocket expenses that will be incurred by the City, estimated to be $1,500.00;

(4)the public hearing be held by the Corporate Services Committee;

(5)subject to the requirements of the Municipal Act, City Council approve a land exchange for a nominal sum of $1.00 on the following basis:

(a)the acquisition by the City of those lands shown hatched on attached Appendix "A", as PART E, containing a site area of approximately 176.9 mē;

(b)the conveyance by the City to the adjoining owner of those lands shown cross hatched on attached Appendix "A", containing a site area of approximately 176.9mē;

(c)the legal documentation to be in a form and content satisfactory to the City Solicitor and to include such terms and conditions as the City Solicitor may deem advisable to protect the City's interests;

(d)1209011 Ontario Inc. to provide a survey of the lands being conveyed to and by the City; and

(e)1209011 Ontario Inc. to provide the City with evidence from its environmental consultants satisfactory to the Commissioners of Corporate Services and Economic Development, Culture and Tourism, that the lands being acquired by the City have been remediated to Ministry of Environment and Energy standards for land to be used for parks purposes;

(6)City Council declare the proposed conveyance of the closed portion of Summerhill Avenue (part of cross hatched lands on Appendix "A") is in compliance with Section 3.3 of the former City of Toronto Official Plan, Part 1- Cityplan;

(7)the City Solicitor be authorized to complete this transaction according to the terms and conditions to be incorporated in a Land Exchange Agreement between the City and 1209011Ontario Inc. and pay those costs incidental to the closing with 1209011 Ontario Inc. paying Land Transfer Tax and GST;

(8)the parcel of land being acquired by the City be placed under the jurisdiction of the Commissioner of Economic Development, Culture and Tourism to be developed for parks purposes; and

(9)the appropriate Civic Officials be authorized to take the necessary action to give effect to the foregoing recommendations.

Background:

The former Toronto City Council, at its meeting held on August 14 and 15, 1995, adopted the report of the City Solicitor (August 14, 1995) concerning the Yonge Summerhill Lands Plan of Subdivision, which authorized the appropriate City Officials to take all actions necessary to implement the provisions of the Official Plan, Zoning By-law, and conditions of Draft Plan of Subdivision approval including the completion of the land conveyances with respect to the unopened road allowance known as Summerhill Avenue.

The former Toronto City Council, at its meeting held on November 6, 7 and 8, 1995 adopted City Services Committee Report 14, Clause 4 and thereby approved the stopping up and closing of part of the unopened road allowance known as Summerhill Avenue and a land exchange between the City and Marathon Realty Company ("Marathon"), the owner of the adjoining development site known as the "Yonge/Summerhill Development Site", involving a portion of the road allowance to be closed, shown as PART C on Appendix "C" in exchange for certain lands owned by Marathon shown as PART D on Appendix "C". The remaining portions of the road allowance to be closed, PARTS A and B, were to be retained by the City for parks purposes. The road allowance was closed pursuant to By-law 1996-0013. Prior to the registration of transfer documents, Marathon was to remediate the lands to be conveyed to the City in accordance with a remediation plan that had been approved by the City. As of October 26, 1998, the documents transferring title of the lands to the City have not been registered. However, I am advised that remediation has been completed and the land exchange will be completed shortly.

Comments:

The Yonge/Summerhill Development Site was originally owned by Marathon Realty Company Limited, which sold the development site in March 1997 to Woodcliffe Corporation ("Woodcliffe"). Woodcliffe sold the easterly portion of the development site, forty-seven house lots on Mathersfield Drive, to 1209011 Ontario Inc. in July, 1998. Woodcliffe retained ownership of the lands to be conveyed to the City and assigned its rights to the lands to be conveyed by the City to 1209011Ontario Inc.

1209011 Ontario Inc. is proceeding with development site preparation, including the construction of a berm. At the request of the Ward Councillors, and after consultation with staff of Economic Development, Culture and Tourism, Urban Planning and Development Services and Works and Emergency Services, 1209011 Ontario Inc. agreed to undertake certain revisions to the construction of the berm that will address the concerns of the Ward Councillors and local residents. These revisions, which prior to construction, are to be approved by Commissioners of Economic Development, Culture and Tourism and Corporate Services are to include commitments by 1209011Ontario Inc. to:

(a)revise the construction of the berm to address the concerns of the residents north of the Canadian Pacific Railway Line on the slope of the berm;

(b)build on the top of the berm a sound attenuation wall;

(c)provide plants for both the north and south slopes of the berm; and

(d)provide a water line.

Under the original development proposal and at the request of Canadian Pacific Railway Company ("CPR"), Marathon had agreed to provide an exclusive access right-of-way to the CPR railway line. 1209011 Ontario Inc. has now been advised by CPR that this right-of-way is no longer required, as CPR will utilize the public lane system to provide access. This proposed right-of-way adjoins the westerly limit of the public lane and the easterly limit of the proposed parklands.

As a result of these lands becoming available and in consideration of the required berm construction, 1209011 Ontario Inc. has put forward a proposal for a further land exchange with the City. 1209011Ontario Inc. is to convey to the City the aforementioned right-of-way lands shown hatched on Appendix "A"and in exchange the City is to convey to 1209011 Ontario Inc. a parcel of land shown cross hatched on Appendix "A" and identified as PART 1 on a draft plan prepared J.D.Barnes, Ontario Land Surveyors, which includes part of the previously closed highway and part of the lands to be conveyed to the City by Woodcliffe.

The Commissioner of Economic Development, Culture and Tourism has indicated that conveyance of PART 1 will not restrict the proposed access to David Balfour Park and that the acquisition of the right-of-way lands will enhance the proposed park.

It is noted that the parcel of land being acquired by 1209011 Ontario Inc. contains a site area of approximately 176.9 mē and is zoned GR and the parcel of land to be acquired by the City is zoned R1 and contains an equivalent site area of 176.9 mē. Under this proposal, it is necessary for the City to declare as surplus PART 1 and to comply with the Municipal Act requirements pertaining to the sale of a closed highway.

Pursuant to section 193 of the Municipal Act relating to the disposal of property, before selling real property Council must declare the property surplus by by-law or resolution passed at a meeting open to the public; give notice to the public of the proposed sale; and obtain at least one appraisal of the market value of the property, unless exempted by regulations passed under the legislation. An appraisal of the market value of the lands is being prepared and will be completed by City staff prior to Corporate Service Committee considering this report.

Pursuant to section 300 of the Municipal Act, before passing a by-law for selling a closed highway, Council must first publish notice of the proposed by-law and hold a public hearing. Pursuant to section 315 of the Municipal Act, the closed highway must first be offered to the abutting owner before it can be sold to anyone else. As 1209011 Ontario Inc. has taken an assignment of Woodcliffe's right to a conveyance of the abutting lands, 1209011 Ontario Inc. has a beneficial interest in the abutting lands and will be the registered owner of these lands once the previously approved land exchange with the City closes.

As 1209011 Ontario Inc. has advised that the lands to be conveyed to the City have been remediated in accordance with the previously approved remediation plan, the City will be in compliance with the former City of Toronto's policy of accepting only clean sites.

Staff of Urban Planning and Development Services and Economic Development, Culture and Tourism have indicated that they have no objections to declaring the City-owned lands surplus to the requirements of the City, the land exchange as outlined in this report, and that they are in agreement with the content of this report.

Conclusion:

The City-owned lands shown as PART 1 on the attached Appendix "B", should be declared surplus to the requirements of the City. The proposed land exchange for a nominal sum is considered to be reasonable and should be approved subject to 1209011 Ontario Inc. fulfilling commitments as set out in the body of this report.

Contact Name:

Ron J. Banfield, Telephone - 392-1859, Fax - 392-1880, E-mail - rbanfiel@toronto.ca.

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(A copy of Appendices A, B and C attached to the foregoing report was forwarded to all Members of Council with the November 9, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)