Item - 2023.NY6.6

North York Community Council recommends that:

1. City Council enact a Part-Lot Control Exemption By-law with respect to the subject lands at 3125-3389 Steeles Avenue East and 4000 Victoria Park Avenue, substantially in accordance with the Draft Part-Lot Control Exemption By-law attached as Attachment 3, and as generally illustrated on the Site Plan as Attachment 2, to the report (June 2, 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 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. provide a final Zoning Notice issued by the Toronto Building Division confirming that the existing buildings within the proposed Parcels of Tied Land and the proposed Parcels of Tied Land comply with the applicable zoning-law, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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.

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 for the lands municipally known as 3125-3389 Steeles Avenue East and 4000 Victoria Park Avenue. The purpose of this application is to facilitate the conveyance of a portion of land on the western side of the subject site for the purpose of a hotel.  In order to do so, the applicant has registered one subdivision block for the entirety of the lands at 3125-3389 Steeles Avenue East and 4000 Victoria Park Avenue, and has proposed a Common Element Condominium which would apply to the existing services and private roads within the site.  Six Parcels of Tied Land are proposed to be associated with the Common Element Condominium, one of which would accommodate the proposed hotel.

The requested Part-Lot Control Exemption is required to permit the creation of the six conveyable development blocks. The Common Element Condominium Corporation will be established to ensure vehicular access and maintenance of the shared private driveways comprising the common elements portion of the Plan of 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 By-law that would be in effect for a maximum of two years. Furthermore, 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. 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.