Item - 2021.SC26.3

Scarborough Community Council recommends that:

1. City Council enact a Part Lot Control Exemption by-law with respect to the subject lands at 971 to 979 Warden Avenue as generally illustrated on Attachment 1 to the report (August 20, 2021) 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.

2. Prior to the introduction of the Part-Lot Control Exemption Bill for enactment, City Council require the owner:

a. to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor; and

b. to register, to the satisfaction of the City Solicitor, a Section 118 restriction under the Land Titles Act agreeing not to convey or charge any part of the lands without the written consent of the Chief Planner and Executive Director, City Planning.

3. City Council authorize and direct the City Solicitor to register the Part-Lot Control Exemption By-law on title to the lands or any portion thereof against which the Section 118 Restriction under the Land Titles Act has been registered.

4. 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.

5. City Council authorize City staff to take necessary steps, including the execution of agreements and documents which set out the implementation of the Part-Lot Control Exemption By-law to give effect to the above-noted recommendations.

This Part-Lot Control Exemption application has been submitted to create conveyable lots for 26 detached houses on the subject lands, previously developed with five detached houses on oversized lots. The new detached house lots will become Parcels of Tied Land ("POTLS") to the Common Elements of a Common Elements Condominium, which includes an 8.0 metre wide private road and landscaping. The private road will provide shared access and servicing to the houses and two visitor parking spaces.

This report reviews and recommends approval of a Part-Lot Control Exemption By-law, lifting Part-Lot Control for a period of two years, subject to conditions, on the subject lands. 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 subject lands without prior consent of the Chief Planner and Executive Director, City Planning or their designate.

The application is consistent with the Provincial Policy Statement (PPS) and conforms to the Growth Plan and Official Plan, and will implement the Plan of Condominium at the subject lands. The exemption from Part-Lot Control is considered appropriate for the orderly development of the subject lands.