Item - 2026.NY29.5

North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law for the lands municipally known as 28-32 Evergreen Gardens substantially in accordance with the draft Part Lot Control Exemption By-law included as Attachment 5 to the report (December 18, 2025) from the Director, Community Planning, North York District, and as generally illustrated on the Part Lot Control Plan on Attachment 3 to the report (December 18, 2025) 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 the report (December 18, 2025) from the Director, Community Planning, North York District, without prior written consent of the Executive Director, Development Review or their 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 at such time as confirmation is received that a plan of 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 repeal or amend the Part Lot Control Exemption By-law to delete part of the lands described in the by-law, if the City Solicitor determines, in their sole discretion after consulting with the Executive Director, Development Review, that it is necessary prior to releasing or partially releasing the 118 Restriction from title.

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.

This Report recommends approval of the application to exempt the lands from the Part Lot Control provisions of the Planning Act for the lands municipally known as 28-32 Evergreen Gardens to permit the creation of conveyable lots for five townhouse units.

This application will facilitate the creation of five Parcels of Tied Land (POTLs) for the proposed townhouse units (Parts 2-6), and also Part 1 for a road conveyance to widen the Bayview Avenue right-of-way and Part 7 for a shared swale which extends along the entire width at the rear of the property as shown on Attachment 3.

A related Common Elements Condominium application (File No. 25 115684 NNY 15 CD) has been submitted to create a common element condominium corporation for the shared swale which extends along the entire width at the rear of the property referenced as Part 7 on Attachment 3.

The proposed development is consistent with the Provincial Planning Statement (2024) and conforms to the Official Plan. The lifting of Part Lot Control is appropriate for the orderly development of these lands.