Item - 2024.SC17.5

The Scarborough Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 3051 to 3079 Pharmacy Avenue and 10 to 30 Calamint Lane substantially in accordance with the draft Part Lot Control Exemption By-law attached as Attachment 8 to the report (October 11, 2024) from the Director, Community Planning, Scarborough District, and as generally illustrated on the Part Lot Control Exemption Plans on Attachments 2, 3, 4, 5, and 6 to the report (October 11, 2024) from the Director, Community Planning, Scarborough 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” in Attachment 8 to the report (October 11, 2024) from the Director, Community Planning, Scarborough District, 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 Executive Director, Development Review Division at such a time as confirmation is received that the Common Elements Condominium has been registered or upon expiry or repeal of the Part Lot Control Exemption By-law.

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.

6. Prior to the enactment of Bills, City Council require the owner to provide an Area Certificate showing the dimensions and areas of all the proposed part lots, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

This application is requesting exemption from the Part Lot Control provisions of the Planning Act to permit the division of property and transfer of ownership into stratified parcels for residential and commercial units at 3051 to 3079 Pharmacy Avenue and 10 to 30 Calamint Lane. This application implements the site-specific Zoning By-law and Site Plan approval for the site.

The exemption request is to facilitate the creation of 85 Parcels of Tied Land (POTL) to the associated Common Elements Plan of Condominium that would result in 81 freehold townhouse condominium units and 4 commercial condominium units. The common elements parcel would also be created by this exemption request.

The related Common Elements Condominium application seeks to create a common elements condominium parcel on the lands consisting of a private driveway, a mechanical room, parking areas and a courtyard.

The proposed development is consistent with the Provincial Policy Statement (2020), the Provincial Planning Statement (2024), and conforms with a Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposed development also conforms to the City's Official Plan. The lifting of Part Lot Control is appropriate for the orderly development of these lands.

The purpose of this report is to provide an additional recommendation to ensure the submitted Area Certificate has been reviewed to the satisfaction of staff, prior to the enactment of the Part Lot Control Exemption By-law.