Item - 2024.NY13.7

North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 939 Lawrence Avenue East, 966 Don Mills Road, and 169 The Donway West, substantially in accordance with the Draft Part Lot Control Exemption By-law attached as Attachment 3 to the report (April 18, 2024) from the Director, Community Planning, North York District, and as generally illustrated on the Part Lot Control Exemption Plan on Attachment 4 to the report (April 18, 2024) from the Director, Community Planning, North York District, to be prepared to the satisfaction of the City Solicitor and to expire five (5) years following enactment by City Council.

2. Prior to enactment of the Part Lot Control Exemption By-law, 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 a Section 118 Restriction under the Land Titles Act, agreeing not to transfer or charge any part of the lands without prior written consent of the Chief Planner or their designate, to the satisfaction of the City Solicitor.

3. Prior to depositing a draft Reference Plan of Survey in the appropriate Land Registry Office to revise any parts of the Part Lot Control Exemption Plan on Attachment 4 to the report (April 18, 2024) from the Director, Community Planning, North York District, the Owner shall submit the revised draft plan to the Chief Engineer and Executive Director of Engineering and Construction Services, for review, with acceptance at the discretion of the Chief Engineer.

4. The revised draft plan in Recommendation 3 above shall be in metric units and integrated with the Ontario Co-ordinate System, showing the co-ordinate values at the main corners of the development lands, and delineating thereon, by separate PARTS, the lands to be divided, the required easement lands, Part Lot Control Exemption lands, and any appurtenant rights-of-way. The plan should:

a. Be in metric units and integrated to the 1983 North American Datum (Canadian Spatial Reference System) and the 3 degree Modified Transverse Mercator projection;

b. Delineate by separate PARTS the Part Lot Control Exemption lands, easements, the remainder of the site and any appurtenant rights-of-way;

c. Show the co-ordinate values of the main corners of the subject lands in a schedule on the face of the plan; and,

d. The plan must be signed and dated by an Ontario Land Surveyor.

5. The Owner shall pay all costs for registration and preparation of Reference Plan(s).

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.

7. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

8. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction under the Land Titles Act, from title upon the expiry or repeal of the Part Lot Control Exemption By-law.

This application is requesting exemption from the Part Lot Control provisions of the Planning Act for the lands municipally known as 939 Lawrence Avenue East, 966 Don Mills Road, and 169 The Donway West. The exemption request is to facilitate the continued orderly and integrated development of the subject lands and adjoining lands at Shops at Don Mills.

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.