Item - 2023.NY4.10

North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 36, 38 and 40 Churchill Ave substantially in accordance with the Draft Part-Lot Control Exemption By-law attached as Attachment 1 to the report (February 28, 2023) from the Director, Community Planning, North York District, and as generally illustrated on the Part-Lot Control Exemption Plan on Attachment 2 to the report (February 28, 2023) 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” to the report (February 28, 2023) from the Director, Community Planning, North York District, 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.

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.

A part-lot control exemption application has been submitted to facilitate the townhouse development at 36, 38 and 40 Churchill Ave (Attachment 1).

This application requests exemption from the Part Lot Control provisions of the Planning Act to permit the creation of conveyable lots for 14 townhouse units which would ultimately be held under freehold ownership and become the Parcels of Tied Land (POTLs) to the Common Elements Condominium (22 154657 NNY 18 CD).

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 approval of Part Lot Control Exemption. 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 their designate.

The related application for a Common Elements Condominium will be considered and approved through delegated authority to the Chief Planner and Executive Director or their designate for the lands at 36, 38 and 40 Churchill Avenue (22 154657 NNY 18 CD).

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.