Item - 2019.EY7.7

Etobicoke York Community Council recommends that:

1.  City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 289 & 291 The Kingsway and 1, 3, 5 & 7 St. Stevens Court as generally illustrated on Attachment 2 of the report (June 7, 2019) from the Director, Community Planning, Etobicoke York District, to be prepared to the satisfaction of the City Solicitor and to expire three years following enactment by City Council.

2.  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.

3.  Prior to the introduction of the Part Lot Control Exemption By-law, 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.

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

5.  City Council direct the Chief Planner and Executive Director, City Planning or his designate to withhold his consent under paragraph 118(1) 2 of the Land Titles Act until the site specific Zoning By-law for the four new residential apartment buildings approved in principle by the Local Planning Appeal Tribunal in its decision dated April 24, 2018 has come into full force and effect.

6.  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.

7.  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.

This application requests exemption from the Part Lot Control provisions of the Planning Act to permit the division of land to create 5 residential lots for four proposed residential apartment buildings and 1 existing residential apartment building on the lands located at 289 & 291 The Kingsway and 1, 3, 5 & 7 St. Stevens Court. The exemption from the Part Lot Control provisions of the Planning Act would also establish easements for shared access and servicing between the proposed buildings.

The proposal complies with the existing Official Plan and Local Planning Appeal Tribunal (LPAT) approved Zoning By-law. The lifting of Part Lot Control for a period of three years is considered appropriate for the orderly development of these lands.

This report reviews and recommends 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.