Item - 2021.TE26.13

The Toronto and East York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 48-110 Eastdale Avenue, as generally illustrated on Attachment 1 and substantially in accordance with the Part Lot Control Exemption Plan attached as Attachment 2 and the Draft Part Lot Control Exemption By-law attached as Attachment 3 to the report (June 4, 2021) from the Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire three (3) years following enactment by City Council.
    
2. Prior to the introduction of the Part Lot Control Exemption By-law Bill for enactment, City Council require the owner:
   
   
   1. to provide a detailed schedule identifying all services and facilities to be shared amongst the proposed three parcels, and setting out all proposed transfers and easements, including easements for servicing and access, in favour of each of the proposed three parcels, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services;
      
      
   2. to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor; and
      
      
   3. 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 Chief Planner and Executive Director, City Planning.
      
      
3. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title to the lands or any portion thereof against which the Section 118 Restriction under the Land Titles Act has been registered.
   
   
4. City Council require that, prior to any release of the Section 118 restriction, the owner shall:
   
   
1. submit to the Chief Engineer and Executive Director, Engineering and Construction Services a fully executed copy of Certification from the owner's engineer, stating that each of the three proposed three lots has been separately serviced for water in compliance with Chapter 851 of the City of Toronto Municipal Code and the Ontario Building Code, to the satisfaction of the Executive Director, Engineering and Construction Services;
   
   
2. submit a Draft Reference Plan designating all proposed parcels and easements, substantially in accordance with the Part Lot Control Exemption Plan and the schedule referenced in Recommendation 2.a. above, the Draft Reference Plan of Survey to be in metric units and referenced to the Ontario Co-ordinate System, delineating thereon by separate PARTS the proposed lots and any appurtenant rights-of-way or easements to the satisfaction of Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Engineering and Construction Services, for review and approval prior to being deposited in the Land Registry Office;
   
   
3. submit to the Chief Planner and Executive Director, City Planning, fully executed copies of the following certificates all substantially in accordance with the Part Lot Control Exemption Plan and the schedule of easements referenced in Recommendation 2.a. above and the approved and deposited Reference Plan referenced in Recommendation 4.a. above, all to the satisfaction of the Chief Planner and Executive Director, City Planning:
   
   
   1. from the owner's solicitor with respect to the creation of necessary easements;
   2. from the owner's surveyor with respect to the creation of necessary easements; and 
   3.  from the owner's engineer with respect to the identification of the necessary easements;
      
      
4. submit to the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, a fully executed copy of certification from the owner's solicitor that: 
   
   
1. upon conveyance of the first of the three proposed parcels, the owners will enter into and register on title a Cost Sharing Agreement with respect to any shared services or facilities, including, but not limited to, stormwater services and sanitary discharge services; and
   
   
2. the Cost Sharing Agreement shall designate an owner who will be the person responsible in the case of any issues regarding the shared stormwater and sanitary discharge services, including but not limited to issues arising with respect to the City of Toronto Municipal Code Chapter 681 (the “Person of Responsibility”). The Certification shall further indicate:
   
   
1. who the Person of Responsibility is;
2. the contact information for the Person of Responsibility; and;
3. that the Cost-Sharing Agreement shall contain a clause requiring the Person of Responsibility to maintain up-to-date contact information with the General Manager, Toronto Water.
   
   
5. City Council authorize the City Solicitor to  release, or partially release, the Section 118 Restriction from title to all or a portion of the lands in her sole discretion after consulting with the Chief Planner and Executive Director, City Planning and Chief Engineer and Executive Director, Engineering and Construction Services, including on clearance of matters identified in Recommendation 4 above.
   
   
6. City Council authorize City officials to take necessary steps, including the execution of agreements and documents which set out the implementation of the Part Lot Control Exemption By-law to give effect to the above-noted recommendations, including, without limitation, the steps in Recommendation 4 above.
   
   
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.

A Part-Lot Control Exemption application has been submitted to create three conveyable parcels on the lands municipally known as 48-110 Eastdale Avenue.  The application is to facilitate the separate legal ownership of three parcels created through the development of new 35-storey and 7-storey residential apartment buildings and a 612 square metre privately-owned publicly accessible space, while maintaining an existing 24-storey apartment building. The three parcels will share a driveway, amenities, certain servicing areas, ramps, and an underground parking garage.

The proposed development is consistent with the Provincial Policy Statement (2020) ("PPS"), conforms with the Growth Plan for the Greater Golden Horseshoe (2020) ("Growth Plan"), and conforms to the City of Toronto Official Plan ("the Official Plan").

This report reviews and recommends approval of a Part-Lot Control Exemption By-law, lifting Part-Lot Control for a period of three years, subject to the recommendations set out below. Furthermore, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Lands Titles Act against the subject lands. This is to ensure the owner does not convey or mortgage any part of the lands without prior consent of the Chief Planner or their designate. The applicant has been advised that consent for parcel creation under the Section 118 Restriction will be only given following certification from certified professionals that each parcel is serviced and accessible.