Item - 2018.EY27.3

Etobicoke York Community Council recommends that:

1.  In accordance with the delegated approval under By-law No. 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Common Elements Condominium for the lands at 4780 Eglinton Avenue West, as generally illustrated on Attachment 2 to the report (December 7, 2017) from the Director, Community Planning, Etobicoke York District, subject to:

a.  The Conditions as generally listed in Attachment 3 to the report (December 7, 2017) from the Director, Community Planning, Etobicoke York District, which except as otherwise noted, must be fulfilled prior to the release of the Plan of 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 to be 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 4780 Eglinton Avenue as generally illustrated on Attachment 4 to the report (December 7, 2017) 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 By-law 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 January 16, 2018, and notice was given in accordance with the Planning Act.

Two applications have been submitted to facilitate the townhouse development at 4780 Eglinton Avenue West. One application proposes a common elements condominium for a shared driveway to provide access to 6 units within Block 14 of the subdivision plan. The other application requests exemption from the Part Lot Control provisions of the Planning Act to permit the creation of conveyable lots for the 89 townhouse units.

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium 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.