Item - 2019.SC4.3

Scarborough 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 for the lands at 743 Warden Avenue Block 19 (Parts 22, 25, 27 to 29) and Block 25 (Parts 30 to 34), as generally illustrated on Attachment 2 of the report dated February 20, 2019 from the Director, Community Planning, Scarborough District, subject to:

a. the conditions, as generally listed in Attachment 3 of the report dated February 20, 2019 from the Director, Community Planning, Scarborough 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 743 Warden Avenue Block 19 (Parts 1 to 21, 23, 24, 26 and 35 to 44) on Plan of Subdivision 66M-2549, as generally illustrated on Attachment 4 to this report (February 20, 2019) from the Director, Community Planning, Scarborough 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 Lands Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner or his 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.

Scarborough Community Council held a statutory public meeting on March 19, 2019 and notice was given in accordance with the Planning Act.

The common elements condominium application is required to provide legal vehicular access and service access to 21 townhouse lots on Block 19 (Parts 22, 25, 27 to 29) and Block 25 (Parts 30 to 34) known  municipally as 743 Warden Avenue. This condominium application proposes to establish a driveway and landscape strip as a common element for Block 19 (Parts 22, 25, 27 to 29) and Block 25 (Parts 30 to 34).

This application requests exemption from the Part Lot Control provision of the Planning Act to allow the creation of 21 standard townhouse lots on Block 19 (Parts 1 to 21, 23, 24,  26 and 35 to 44). The subject lands are within a registered plan of subdivision that was registered on June 25, 2018 as Plan 66M-2549.

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium and Part Lot Control Exemption. The proposal complies with the Official Plan and Zoning By-law, is consistent with the Provincial Policy Statement (2014) and conforms to the Growth Plan for the Greater Golden Horseshoe (2017). The lifting of the Part Lot Control for a period of two years is considered appropriate for the orderly development of the lands. 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.