Item - 2024.NY15.9

North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 2-56 Cather Crescent substantially in accordance with the Draft Part-Lot Control Exemption By-law attached as Attachment 6 to the report (June 21, 2024) from the Director, Community Planning, North York District, and as generally illustrated on the Part-Lot Control Exemption Plan on Attachment 3 to the report (June 21, 2024) from the Director, Community Planning, North York District, to be prepared to the satisfaction of the City Solicitor and to expire two (2) years following enactment by City Council.

2. Prior to the introduction 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, 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 prior written consent of the Chief Planner or his / her designate to the satisfaction of the City Solicitor.

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 2-56 Cather Crescent, also known as Phase 1Fa of the Lawrence Heights Revitalization Project (Attachment 4) (related Site Plan Application No: 17 277713 NNY 15 SA).

The exemption request is to facilitate the creation of 32 parcels, of which 26 conveyable parcels are intended to become future Parcels of Tied Land (POTLs) for 26 market townhouses and the other parts are to support a future Common Elements Condominium tenure through the approval of the Common Elements Condominium (23 131471 NNY 08 CD) application, and to facilitate the creation of various easements.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms to 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.

A related Common Elements Condominium application has been submitted to create a common element condominium tenure over the lands consisting of a private rear lane driveway, pedestrian walkways, underground services, site furnishings and landscaping. The laneway and walkway will provide access to the garages and other common elements, being Parts 27 to 32 on the draft Reference Plan.