Item - 2019.TE9.6

The Toronto and East York Community Council recommends that:

1. In accordance with the delegated approval under By-law No. 229-2000, 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 3258-3260 Dundas Street West, as generally illustrated on Attachments 2 and 3 to the report (September 23, 2019) from the Director, Community Planning, Etobicoke York District, subject to:

a. the conditions as generally listed in Attachment 4 to the report (September 23, 2019) from the Director, Community Planning, Etobicoke York District, which except as otherwise noted, must be fulfilled prior to 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; and

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.

2. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 3258-3260 Dundas Street West as generally illustrated on Attachments 5 to 7 of the report (September 23, 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.

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 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 Parcel Of Tied Lands without the written consent of the Chief Planner and Executive Director, City Planning or designate.

5. 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 the City Solicitor's sole discretion after consulting with the Chief Planner and Executive Director, City Planning.

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.

The Common Elements Condominium application proposes to establish the drive aisle, driveway, landscape area, parking area, and a shared mechanical and electrical room as a common element for nine townhouses and one commercial unit at 3258-3260 Dundas Street West. The Common Elements Condominium will 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 to permit the creation of conveyable lots for the nine townhouses fronting Gilmour Avenue and the commercial unit fronting Dundas Street West, which will become the Parcels of Tied Land (POTLs) to the Common Elements Condominium. The exemption from the Part Lot Control provisions would also establish an easement for shared access and servicing between the building and the adjacent building at 3256 Dundas Street West. The lifting of Part Lot Control for a period of two years is considered 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 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 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.