Item - 2022.EY29.3

The Etobicoke York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 3002, 3004, 3006, 3010 and 3014 Islington Avenue as generally illustrated on Attachment 1 to the report (November 29, 2021) 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.

2. Prior to the enactment of the Part Lot Control Exemption By-law, City Council require the owner to:

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

b. 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 or designate.

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

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

5. 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.

This application proposes an exemption from the Part Lot Control provisions of the Planning Act to permit the creation of 32 parcels of tied land ("POTLs") associated with a common element condominium, as well as 14 freehold townhouse units at 3002, 3004, 3006, 3010 and 3014 Islington Avenue.

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 designate.