Item - 2022.NY33.11

North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 2932, 2934, 2936, 2940 and 2942 Bayview Ave as generally illustrated on Attachment 2 to the report (June 9, 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;

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; and

c. the Ontario Land Tribunal issues its final Order bringing the Zoning by-law Amendment into full force and effect.

3. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from the two future parcels of land consisting of Parts 1, 2, 3, 4, and 5, that will contain detached dwellings as soon as the parcels are created, and to release the Section 118 from the future common element condominium 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 a 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 and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

6. 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 requests exemption from the Part Lot Control provisions of the Planning Act on the lands municipally known at 2932, 2934, 2936, 2940 and 2942 Bayview Avenue (the "Subject Lands") to facilitate the sale of two detached dwellings and sixteen, 3-storey townhouses, arranged in two blocks and facing Bayview Avenue.

The proposed exemption from the part lot control provisions of the Planning Act has been requested by the owner to permit the division of the lands into a number of parcels that will enable the applicant to transfer or mortgage title for portions of the lands.

This report reviews and recommends approval of a Part Lot Control Exemption by-law to be enacted for a period of up to 2 years on the Subject Lands. In addition, this report recommends that the owner of the Subject Lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or charge any part of the Subject Lands without prior consent of the Chief Planner and Executive Director or their designate.

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.