289 and 291 The Kingsway and 1, 3, 5 and 7 St. Stevens Court - Part Lot Control Exemption Application - Final Report

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The decision

2022-06-15 · Toronto City Council · adopted

As filed

City Council on June 15 and 16, 2022, adopted the following: 1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 289 and 291 The Kingsway, and 1, 3, 5 and 7 St. Stevens Court substantially in accordance with the draft by-law in Attachment 5 to the report to the report (May 4, 2022) from the Director, Community Planning, Etobicoke York District for the lands generally shown in Attachment 1 to the report (May 4, 2022) from the Director, Community Planning, Etobicoke York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

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2. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law. 3. City Council direct the Chief Planner and Executive Director, City Planning or designate to withhold their consent under paragraph 118 (1) 2 of the Land Titles Act until the owner provides fully executed copies of the following certificates satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services: a. from the applicant's solicitor with respect to the creation of necessary easements; b. from the applicant's surveyor with respect to the identification of necessary easements; and c. from the applicant's engineer with respect to the identification of necessary easements. 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. City Council authorize the City Solicitor to release, or partially release, the Section 118 Restriction from title to all or a portion of the lands in the City Solicitor's discretion after consulting with the Chief Planner and Executive Director, City Planning.

On the agenda

As the city filed it

This application requests an extension to the exemption from the Part Lot Control provisions of the Planning Act to permit the division of land to create five residential lots for four proposed residential apartment buildings (Buildings A, B, C and D) and one existing residential apartment building on the lands located at 289 and 291 The Kingsway, and 1, 3, 5 and 7 St. Stevens Court. The exemption from the Part Lot Control provisions of the Planning Act would also allow for boundary and easement adjustments based upon the as-built condition of the constructed buildings, construction mortgage financing for Building C, and for mortgage financing for Buildings A and B.

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The proposal complies with the existing Official Plan and site specific Zoning By-law 1618-2019. The previous lifting of Part Lot Control for a period of three years, enacted as By-law 1190-2019, is set to expire on July 18, 2022. Additional time is needed for the applicant to convey and complete the development on the subject lands. The extension to lift Part Lot Control for a period of two years is considered appropriate for the orderly development of these lands. This report reviews and recommends approval of the extension for Part Lot Control Exemption. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner and Executive Director, City Planning or designate.

Staff recommended

The City Planning Division recommends that: 1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 289 and 291 The Kingsway, and 1, 3, 5 and 7 St. Stevens Court substantially in accordance with the draft by-law in Attachment 5 to this report for the lands generally shown in Attachment 1, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

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2. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law. 3. City Council direct the Chief Planner and Executive Director, City Planning or designate to withhold their consent under paragraph 118 (1) 2 of the Land Titles Act until the owner provides fully executed copies of the following certificates satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services: a. From the applicant's solicitor with respect to the creation of necessary easements; b. From the applicant's surveyor with respect to the identification of necessary easements; and, c. From the applicant's engineer with respect to the identification of necessary easements. 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. City Council authorize the City Solicitor to release, or partially release, the Section 118 Restriction from title to all or a portion of the lands in the City Solicitor's discretion after consulting with the Chief Planner and Executive Director, City Planning.

Considered

2022-05-27 · Etobicoke York Community Council · adopted
Decision as filed
The Etobicoke York Community Council recommends that: 1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 289 and 291 The Kingsway, and 1, 3, 5 and 7 St. Stevens Court substantially in accordance with the draft by-law in Attachment 5 to this report for the lands generally shown in Attachment 1 to the report (May 4, 2022) from the Director, Community Planning, Etobicoke York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.
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2. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law. 3. City Council direct the Chief Planner and Executive Director, City Planning or designate to withhold their consent under paragraph 118 (1) 2 of the Land Titles Act until the owner provides fully executed copies of the following certificates satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services: a. From the applicant's solicitor with respect to the creation of necessary easements; b. From the applicant's surveyor with respect to the identification of necessary easements; and, c. From the applicant's engineer with respect to the identification of necessary easements. 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. City Council authorize the City Solicitor to release, or partially release, the Section 118 Restriction from title to all or a portion of the lands in the City Solicitor's discretion after consulting with the Chief Planner and Executive Director, City Planning.
2022-06-15 · Toronto City Council · adopted

On the record

The item as the City filed it

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