Item - 2019.NY11.2

North 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 Chief Planner and Executive Director, City Planning intends to approve the draft plan of Common Elements Condominium, as generally illustrated on Attachment 2 to the report (November 1, 2019) from the Director, Community Planning, North York District, subject to:

a. the conditions, as generally listed in Attachment 3 to the report (November 1, 2019) from the Director, Community Planning, North York District, which, except as otherwise noted, must be fulfilled prior to final approval and 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 117, 121, 123 and 129 Roselawn Avenue as generally illustrated on Attachment 4 to the report (November 1, 2019) from the Director, Community Planning, North 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 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 subject lands described in Schedule "A" in attachment 6 to the report (November 1, 2019) from the Director, Community Planning, North York District, without the written consent of the Chief Planner or his/her designate.

5. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title to the Parcels of Tied Land (POTLs) 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.

North York Community Council held a statutory public meeting on December 3, 2019 and notice was given in accordance with the Planning Act. No one addressed the North York Community Council on December 3, 2019.

This application proposes to establish the underground garage and related vehicular and pedestrian accesses and walkways as Common Elements Condominium at 117, 121, 123 and 129 Roselawn Avenue. The Common Elements Condominium is required to provide legal pedestrian and vehicular access to twelve townhouses and to ensure shared ownership and maintenance of the common element underground garage and at grade walkway by the Common Elements 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 twelve residential townhouses currently under construction, which will become the Parcels of Tied Land (POTLs) to the Common Elements Condominium.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with 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 Draft Plan of Common Elements Condominium and Part Lot Control Exemption By-law. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act against the subject lands, described in Schedule "A" in attachment 6 to this report, whereby the owner agrees not to convey or mortgage any part of the lands without prior consent of the Chief Planner or his designate, which may be provided following registration of the Common Elements Condominium.