Item - 2018.TE29.10

Tracking Status

  • City Council adopted this item on January 31, 2018 without amendments and without debate.
  • This item was considered by the Toronto and East York Community Council on January 16, 2018 and adopted without amendment. It will be considered by City Council on January 31, 2018.
  • See also By-law 117-2018

TE29.10 - 378-388 Shuter Street, 47-63 Sutton Avenue and 150-160 Sackville Street - Common Elements Condominium and Part Lot Control Exemption Applications - Final Report

Decision Type:
ACTION
Status:
Adopted
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on January 31 and February 1, 2018, adopted the following:

 

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 intends to approve the Draft Plan of Common Elements Condominium for the lands at 378-388 Shuter Street, 47-63 Sutton Avenue and 150-160 Sackville Street, as generally illustrated on Attachment 1 to the report (December 15, 2017) from the Acting Chief Planner and Executive Director, City Planning, subject to:

 

a.  the conditions as generally listed in Attachment 2 to the report (December 15, 2017) from the Acting Director, Community Planning, Toronto and East York District, which except as otherwise noted, must be fulfilled prior to the release of the Plan of Condominium for registration; and

 

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 378-388 Shuter Street, 47-63 Sutton Avenue and 150-160 Sackville Street, 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 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.

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(December 15, 2017) Report and Attachments 1 to 4 from the Acting Director, Community Planning, Toronto and East District - 378-388 Shuter Street, 47-63 Sutton Avenue and 150-160 Sackville Street - Common Elements Condominium and Part Lot Control Exemption Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-110147.pdf

TE29.10 - 378-388 Shuter Street, 47-63 Sutton Avenue and 150-160 Sackville Street - Common Elements Condominium and Part Lot Control Exemption Applications - Final Report

Decision Type:
ACTION
Status:
Adopted
Ward:
28 - Toronto Centre-Rosedale

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East 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 Acting Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Common Elements Condominium for the lands at 378-388 Shuter Street, 47-63 Sutton Avenue and 150-160 Sackville Street, as generally illustrated on Attachment 1 of the report (December 15, 2017) from the Acting Chief Planner and Executive Director, City Planning, Toronto and East York District, subject to:

 

(a)  the conditions as generally listed in Attachment 2 of the report (December 15, 2017) from the Acting Chief Planner and Executive Director, City Planning, Toronto and East York District, which except as otherwise noted, must be fulfilled prior to the release of the Plan of Condominium for registration;  and

 

(b)  any such revisions to the proposed condominium plan or any such additional or modified conditions as the Acting 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 378-388 Shuter Street, 47-63 Sutton Avenue and 150-160 Sackville Street, 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 Acting Chief Planner and Executive Director, City Planning or 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.

Origin

(December 15, 2017) Report from the Acting Director, Community Planning, Toronto and East York District

Summary

This application proposes to establish a driveway as a common element at 378-388 Shuter St, 47-63 Sutton St and 150-160 Sackville St.  The common elements condominium is required to provide legal vehicular access to eighteen (18) residential units and to ensure shared ownership and maintenance of the common elements by the condominium corporation.

 

The requested exemption from the Part Lot Control provisions of the Planning Act is required to permit the creation of conveyable lots for the eighteen (18) residential units: 7 townhouses fronting Shuter Street, 7 townhouses fronting Sutton Avenue, 2 semi-detached dwellings fronting Sutton Avenue and 2 semi-detached dwellings fronting Sackville Street. 

 

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

Background Information

(December 15, 2017) Report and Attachments 1 to 4 from the Acting Director, Community Planning, Toronto and East District - 378-388 Shuter Street, 47-63 Sutton Avenue and 150-160 Sackville Street - Common Elements Condominium and Part Lot Control Exemption Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-110147.pdf

Motions

Motion to Adopt Item moved by Councillor Lucy Troisi (Carried)
Source: Toronto City Clerk at www.toronto.ca/council