Item - 2020.TE14.11

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 at 26 Ernest Avenue as generally illustrated on Attachment 2 to the report (February 20, 2020) 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, 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 his / her designate.

4. 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 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.

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 Part Lot Control Exemption application proposes to create the conveyable lots for 79 townhouses at 26 Ernest Avenue which will become Parcels of Tied Land (POTLs) to a Common Elements Condominium which will provide shared access and servicing for the townhouses. A Common Elements Condominium application will be considered by Toronto and East York Community Council at a future meeting. The lifting of the Part Lot Control for a period of two years is considered appropriate for the orderly development of these lands.

The Common Elements Condominium application proposes to establish the drive aisle for the 79 townhouse units. The Common Elements Condominium will ensure shared ownership and maintenance of the common elements by the condominium corporation.

This report reviews and recommends approval of the Part Lot Control Exemption application. This report also recommends that the owner 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 / her designate.