Item - 2021.NY27.8

North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 1202 to 1204 Avenue Road as generally illustrated on Attachment 1 to the report (September 7, 2021) from the Acting Director, Community Planning, North York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

2. Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to:

 a. provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor; and

b. 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 subject lands described in Schedule “A” in Attachment 5 to the report (September 7, 2021), from the Acting Director, Community Planning, North York District, without the written consent of the Chief Planner and Executive Director, City Planning or designate.

3. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from all or any portion of the lands in the City Solicitor's sole discretion after consulting with the Chief Planner and Executive Director, City Planning at such a time as confirmation is received that the Common Elements Condominium has been registered.

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

5. 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.

The Part Lot Control Exemption Application proposes to permit the creation of seven conveyable lots for the residential townhouses (related Site Plan Application No.: 16 254041 NNY 16 SA) at 1202 to 1204 Avenue Road. Each townhouse is to have a rear integrated garage that is accessed from a private common-element condominium road. The applicant submitted a concurrent application for approval of a draft plan of Common Elements Condominium (21 171485 NNY 08 CD) that is currently under review by the Staff pursuant to the delegated approval under Bylaw 229-2000, which proposes to establish the walkway, private driveway, and a servicing meter room as common elements of the condominium.

The requested exemption from the Part Lot Control provisions of the Planning Act is required to permit the creation of seven conveyable lots for residential townhouses currently under construction, which will become the Parcels of Tied Land ("POTL") to the Common Elements Condominium.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020) and conforms to the Official Plan. The lifting of Part Lot Control is appropriate for the orderly development of these lands.

This report reviews and recommends approval of the Part Lot Control Exemption By-law. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act against the subject lands, whereby the owner agrees not to convey or mortgage any part of the lands without prior consent of the Chief Planner or his designate.