Item - 2023.NY4.4

North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 368-372 Briar Hill Avenue substantially in accordance with the Draft Part-Lot Control Exemption By-Law attached as Attachment 2 to the report (February 24, 2023) from the Director, Community Planning, North York District, as generally illustrated on Attachment 3 to the report (February 24, 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 24, 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. 

This application is requesting exemption from the Part Lot Control provisions of the Planning Act for the lands municipally known as 368-372 Briar Hill Avenue. The exemption request is to facilitate the creation of seven conveyable lots for three-storey townhouses (related Site Plan Application No. 17 235785 NNY 16 SA) at 368-372 Briar Hill Avenue.

The related Common Element Condominium application (22 163166 NNY 08 CD) is currently under review by staff pursuant to the delegated approval authority under Bylaw 229-2000. The Common Element Condominium application, if approved would have the effect of establishing a common element condominium over the driveway from Briar Hill Avenue to access parking in the rear of each townhouse unit, and common walkway with stairs, inclusive of maintenance and services and utilities within.  

The requested Part Lot Control Exemption is required to permit the creation of seven conveyable lots for the residential townhouses currently under construction, which will become the Parcel of Tied Land tied to the Common Elements Condominium.

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 Bylaw. 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, whereby the owner agrees not to convey or mortgage any part of the lands without prior consent of the Chief Planner or his designate.