Item - 2022.NY32.8

North York Community Council recommends that:

1. City Council enact a Part-Lot Control Exemption By-law with respect to the subject lands at 1 Heathcote Avenue, substantially in accordance with the Draft Part-Lot Control Exemption By-law attached as Attachment 2, and as generally illustrated on the Part-Lot Control Exemption Plan on Attachment 3, to the report (April 28, 2022) from the Director, Community Planning, North 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 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 transfer or charge any part of the subject lands described in Schedule “A” to this report, without the written consent of the Chief Planner or his/her designate.

3. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from all or any portion of the lands in the City Solicitor's sole discretion after consulting with the Chief Planner and Executive Director, City Planning at such a time as confirmation is received that the Common Elements Condominium has been registered to the satisfaction of the Chief Planner and Executive Director.

4. 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.

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 is requesting exemption from the Part-Lot Control provisions of the Planning Act for the lands municipally known as 1 Heathcote Avenue. The exemption request is to facilitate the creation and conveyance of six lots for a three-storey townhouse block development. An application for Draft Plan of Common Element Condominium (21 231948 NNY 15) has also been submitted for approval in conjunction with this application. The Common Element Condominium application is currently under review by the Chief Planner, pursuant to delegated approval under By-law 229-2000, which proposes to establish a private vehicular rear driveway accessed from Heathcote Avenue.

The requested Part-Lot Control Exemption is required to permit the creation of the 6 conveyable lots for the townhouses, which will become Parcels of Tied Land (POTLs) to the Common Element Condominium. The Common Element Condominium Corporation will be established to ensure vehicular access and maintenance of the shared private driveway comprising the common elements portion of the Plan of Condominium (the "Condominium Driveway").

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), and conforms to the Official Plan. The lifting of Part-Lot Control is appropriate for the orderly development of these lands.

This report reviews and recommends approval of the Part-Lot Control Exemption By-law that would be in effect for a maximum of two years. Furthermore, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Lands Titles Act against the subject lands. This is to ensure that no part of the lands can be conveyed or mortgaged without prior consent of the Chief Planner or his designate.