Item - 2018.EY30.2

Etobicoke York Community Council recommends that:

1.  In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning or his designate intends to approve the Draft Plan of Common Elements Condominium for the lands at 91 Callowhill Drive as generally illustrated on Attachment 2 to the report (April 9, 2018) from the Director, Community Planning, Etobicoke York District, subject to:

a.  The conditions as generally listed in Attachment 3 to the report (April 9, 2018) from the Director, Community Planning, Etobicoke York District, which except as otherwise noted must be fulfilled prior to the release of the Plan of Common Elements Condominium for registration.

b.  Any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner and Executive Director, City Planning may deem appropriate to address matters arising from the on-going technical review of this development.

2.  City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 91 Callowhill Drive as generally illustrated on Attachment 4 to the report (April 9, 2018) from the Director, Community Planning, Etobicoke York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

3.  City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.

4.  Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner and Executive Director, City Planning or his designate.

5.  City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the Common Elements Condominium has been registered.

6.  City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

7.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

Etobicoke York Community Council held a statutory public meeting on May 2, 2018, and notice was given in accordance with the Planning Act.

Two applications have been submitted to facilitate a residential development consisting of 19 townhouse units and a semi-detached dwelling (2 units) at 91 Callowhill Drive.  One application proposes a Common Elements Condominium for a shared driveway, walkway and five visitor parking spaces to provide pedestrian and vehicular access to 21 residential units and to ensure shared ownership and maintenance of the common elements by the condominium corporation.

The other application requests exemption from the Part Lot Exemption provisions of the Planning Act to permit the creation of conveyable lots for the 21 residential units.

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium application subject to conditions and approval of Part Lot Control Exemption.  In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner and Executive Director, City Planning or his designate.