Item - 2022.NY33.10
Tracking Status
- City Council adopted this item on July 19, 20, 21 and 22, 2022 without amendments and without debate.
- This item was considered by the North York Community Council on June 28, 2022 and adopted without amendment. It will be considered by City Council on July 19, 20, 21 and 22, 2022.
- See also By-law 135-2023
NY33.10 - 1 to 87 Bredonhill Court, Phase 1E, Block 2 - Part Lot Control Exemption Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 8 - Eglinton - Lawrence
City Council Decision
City Council on July 19, 20, 21 and 22, 2022, adopted the following:
1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 1 to 87 Bredonhill Court, being Blocks 1 and 2 on 66M-2577 as generally illustrated on Attachments 1 and 2 to the report (June 3, 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, 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 in Attachment 6 to the report (June 3, 2022) from the Director, Community Planning, North York District, without the written consent of the Chief Planner and Executive Director, City Planning or their designate.
3. City Council authorize the City Solicitor to take the necessary steps to release, partially release, or provide consent to charge or convey under, 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 and City Council authorize and direct the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning to release the Section 118 Restriction from title to portions of the subject lands that become subject to a registered plan of condominium.
4. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title to the lands.
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.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2022/ny/bgrd/backgroundfile-227135.pdf
Communications (Community Council)
NY33.10 - 1 to 87 Bredonhill Court, Phase 1E, Block 2 - Part Lot Control Exemption Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 8 - Eglinton - Lawrence
Community Council Recommendations
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 to 87 Bredonhill Court, being Blocks 1 and 2 on 66M-2577 as generally illustrated on Attachments 1 and 2 to the report (June 3, 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, 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” in Attachment 6 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, partially release, or provide consent to charge or convey under, 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 and authorize and direct the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning to release the Section 118 Restriction from title to portions of the subject lands that become subject to a registered plan of condominium.
4. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title to the lands.
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.
Origin
Summary
The Part Lot Control Exemption Application (the "Application") applies to the lands identified as Blocks 1 and 2 on Plan 66M-2577 and known as Phase 1E of the Lawrence Heights Revitalization Project (Attachment 4) (related Site Plan Application No: 17 222387 NNY 15 SA).
The Application proposes to permit the creation of the following:
- parcels intended to be future Parcels of Tied Lands (POTL) for 36 market freehold townhouses being Parts 1 to 36 on the draft R-Plan attached as Attachment 3 and associated common elements intended for a future common element condominium being Parts 37 to 39, 45 and 50;
- parcels intended for the creation of 18 three-storey back-to-back stacked townhouses being Part 40 and associated outdoor space being Part 41 intended to be a future standard condominium;
- parcels intended for 27 rental back-to-back townhouses being Parts 42, 44 and 47 and associated outdoor space being Parts 43, 48 and 49) retained by Toronto Community Housing Corporation (TCHC); and
- various easements to be created over Parts 37, 38, 39, 41, 43, 45, 46, 48, 49, 50, 51, including over a private lane in the form of a future common elements road being Part 39.
The proposed development is consistent with the Provincial Policy Statement (2020), conforms to 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.
A Common Elements Condominium application to create a common elements condominium over the private lane and other common elements, being Parts 1 to 36, and to tie the Market Freehold Townhouses as POTLs to the private lane, starting at the northeastern portion of the block and ending at the southeastern and eastern portions of the block as well as other common elements (including Parts 37, 38, 45 and 50) will be submitted in the future.
The applicant recently made a resubmission of additional information in support of this application on March 10, 2022. The owner and TCHC both require a Part Lot Control Exemption and the applicant has provided a draft R-Plan and colour coded draft R-Plan (Attachment 3) delineating the parts that will be subject to various easements within the Phase 1E lands, being Block 1 and Block 2 on Plan 66M-2577.
This report reviews and recommends approval of the Part Lot Control Exemption By-law. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act against the subject lands, described in Schedule "A" in attachment 6 to this report, whereby the owner agrees not to convey or mortgage any part of the lands without prior consent of the Chief Planner or his designate.
Background Information
https://www.toronto.ca/legdocs/mmis/2022/ny/bgrd/backgroundfile-227135.pdf