Item - 2019.NY2.2

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 intends to approve the draft plan of common elements condominium for the lands at 3052 Bayview Avenue, as generally illustrated on Attachment 2 to the report (December 17, 2018) from the Director, Community Planning, North York District, subject to:

a. the Draft Plan Approval Conditions as generally listed in Attachment 3 to the report (December 17, 2018) from the Director, Community Planning, North 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 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 3052 Bayview Avenue as generally illustrated on Attachment 3 to the report (December 17, 2018) 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 lands 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 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 January 15, 2019 and notice was given in accordance with the Planning Act. No one addressed the North York Community Council on January 15, 2019.

This application proposes to establish a rear driveway and landscape strip as a common element condominium at 3052 Bayview Avenue.  The common elements condominium is required to provide legal pedestrian and vehicular access to six residential townhouse 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 six residential townhouse units fronting Bayview Avenue.

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 his designate.