Item - 2019.EY9.2

Etobicoke York Community Council recommends that:

1.  City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 68 Daisy Avenue as generally illustrated on Attachments 6 to 8 of the report (September 20, 2019) 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.

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 authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

6.  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.

7.  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, as generally illustrated on Attachments 3 to 5 of the report (September 20, 2019) from the Director, Community Planning, Etobicoke York District, subject to:

a. The conditions, as generally listed in Attachment 9 to the report (September 20, 2019) from the Director, Community Planning, Etobicoke York District, which, except as otherwise noted, must be fulfilled prior to final approval and 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.

c. Draft Plan approval not being issued until the necessary Bill(s) for the Part Lot Control Exemption By-law are in full force and effect.

Etobicoke York Community Council held a statutory public meeting on October 10, 2019, and notice was given in accordance with the Planning Act.

Two applications have been submitted to facilitate the proposed residential development of freehold townhouses on the lands located at 68 Daisy Avenue. The first application (18 265575 WET 03 PL) requests exemption from the Part Lot Control provisions of the Planning Act to permit the division of land to allow for the development of 73, 4-storey freehold townhouses within 5 residential blocks.

This second application proposes to establish a Common Elements Condominium, to provide pedestrian and vehicular access to the 73 townhouse units and to ensure shared ownership and maintenance of the common elements by the condominium corporation.  

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms to the Growth Plan for the Greater Golden Horseshoe (2019). The lifting of Part Lot Control and the creation of the Common Elements Condominium is appropriate for the orderly development of these lands.

This report reviews and recommends approval of the Part Lot Control Exemption application. In addition, this report recommends that the owner of the subject lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the subject lands without prior consent of the Chief Planner and Executive Director, City Planning or his designate.

The approval of the Draft Plan of Common Elements Condominium application is delegated to the Chief Planner and Executive Director, City Planning.