Item - 2019.TE5.7

The Toronto and East York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the Subject Lands as generally illustrated on Attachment 3 to the report (April 1, 2019) from the Director, Community Planning, Toronto and East 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 on title to the Subject Lands and 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 without the written consent of the Chief Planner and Executive Director, City Planning or designate.

4. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title to the Subject Lands at such time as confirmation is received that the Common Elements Condominium has been registered.

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

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.

The Toronto and East York Community Council commenced a statutory public meeting on April 24, 2019 and notice was given in accordance with the Planning Act.

Two applications have been submitted to facilitate the proposed residential development of 7 townhouses at 1025 Dupont Street (the "Subject Lands").  The first application (File No. 18 254683 STE 18 PL) requests exemption from the Part Lot Control provisions of the Planning Act to permit the creation of 8 parcels, which include 7 townhouse lots and a Common Elements Condominium.

The second application (File No. 18 254688 STE 18 CD) proposes to establish a Common Elements Condominium for a shared driveway, pedestrian walkway and landscaped area. The Common Elements Condominium is required to provide vehicular access to the townhouse units and to ensure collective ownership and maintenance of the Common Element Condominium area by the condominium corporation.

The applications are consistent with the Provincial Policy Statement (2014) and conform to the Growth Plan for the Greater Golden Horseshoe (2017) and the City of Toronto's Official Plan.  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. The approval of the Draft Plan of Common Elements Condominium application is delegated to the Chief Planner and Executive Director, City Planning.  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 or his designate.