Item - 2022.TE33.8

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 177 Caledonia Road and 19 Innes Avenue, as generally illustrated on Attachment 2 to the report (May 2, 2022) 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 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, prior to the enactment of the Part Lot Control Exemption By-law; 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 3 to the report (May 2, 2022) from the Director, Community Planning, Toronto and East York District, without the written consent of the Chief Planner and Executive Director, City Planning 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, City Planning.

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 to permit the creation of 41 lots for the residential dwellings currently under construction at 177 Caledonia Road and 19 Innes Avenue. The 41 lots will become the parcels of tied land (POTLs) associated with a common element condominium. The common element portions include a private laneway and a pedestrian walkway.

This reports 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 Lands Titles Act against the subject lands, as described in Schedule "A" in Attachment 3 of this report. 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.