Item - 2021.TE26.12

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 101, 111 and 129 St Clair Avenue West as generally illustrated on Attachment 2: the Part Lot Control Exemption Plan and substantially in accordance with Attachment: 3: Draft Part Lot Control Exemption By-law to the report (June 4, 2021) 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. Prior to the introduction of the Part Lot Control Exemption Bill for enactment, City Council requires 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, with priority, agreeing not to convey or charge any part of the lands subject to the Part Lot Control Exemption By-law 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 execution of an agreement with the owner, in a form and containing conditions satisfactory to the City Solicitor, whereby the Section 118 Restriction would be removed from title upon the request of the owner, on reasonable notice to the City permitting the City to repeal the Part Lot Control Exemption By-law.

5. City Council enact a By-law repealing the Part Lot Control Exemption By-law, substantially in accordance with the Draft Part Lot Control Exemption Repeal By-law attached as Attachment 5, in the event the owner of the lands at 101, 111 and 129 St. Clair Avenue West or any part thereof, requests the City to consent to the removal of the Section 118 Restriction from the lands or any part thereof while the Part Lot Control Exemption By-law is in effect.

6. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law and the associated repealing By-law as may be required.

7. 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, or its repeal, to give effect to the above-noted recommendations.

A Part Lot Control Exemption application has been submitted for the properties at 101, 111 and 129 St. Clair Avenue West, to allow for any required minor alignments of property boundary lines to coincide with foundations which have already been poured, with various easements and rights-of-way for both vehicular and pedestrian access to be properly established together with the necessary servicing, maintenance and support easements, to facilitate financing of the developments, and to potentially allow for the strata conveyance of the proposed retail space within the restored Deer Park Church at 129 St. Clair Avenue West, proposed to be a 500 square metre café.

This report reviews and recommends approval of a Part Lot Control Exemption By-law, lifting Part Lot Control for a period of two years and requires 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 the prior consent of the Chief Planner and Executive Director, City Planning. The lifting of Part Lot Control for a period of two years is considered appropriate for the orderly development of these lands.