104-110 Bartley Drive - Part Lot Control Exemption Application - Final Report

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The decision

2022-12-14 · Toronto City Council · adopted

As filed

City Council on December 14 and 15, 2022, adopted the following: 1. City Council enact a Part Lot Control Exemption by-law with respect to the subject lands at 104-110 Bartley Drive, as generally illustrated on Attachment 3 to the report (October 28, 2022) from the Director, Community Planning, North 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. Prior to the introduction of the Part Lot Control Exemption Bill for enactment, 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 4 to the report (October 28, 2022) from the Director, Community Planning, North York District, without the written consent of the Chief Planner and Executive Director, City Planning or designate. 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 to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title to the lands or any portion thereof against which the Section 118 Restriction under the Land Titles Act has been registered. 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.

On the agenda

As the city filed it

This application is requesting exemption from the part lot control provisions of the Planning Act for the lands municipally known as 104-110 Bartley Drive. The exemption request is to facilitate the creation and conveyance of 84 lots for a four-storey residential townhouse development within 14 blocks. An application for draft plan of common element condominium (22 163020 NNY 16 CD) has also been submitted for approval in conjunction with this application.

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The common element condominium application is currently under review by the Chief Planner, pursuant to the delegated approval under By-law 229-2000, which proposes to create a condominium corporation to facilitate the sharing and maintenance of the private drive aisles for vehicular access and circulation within the townhouse blocks, pedestrian walkways, visitor parking spaces, and landscaped open space area. The requested part lot control exemption is required to permit the creation of the 84 conveyable lots for the townhouses currently under construction, which will become the parcels of tied land to the common element condominium. The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), and conforms with the Official Plan. The lifting of part lot control is appropriate for the orderly development of these lands. This reports reviews and recommends approval of the Part Lot Control Exemption By-law that would be in effect for a maximum of two years. Furthermore, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Lands Titles Act against the subject lands, as described in "Schedule A" in Attachment 4 of this report. This is to ensure that no part of the lands can be conveyed or mortgaged without prior consent of the Chief Planner or his 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 104-110 Bartley Drive, as generally illustrated on Attachment 3 to the report, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council. 2. Prior to the introduction of the Part Lot Control Exemption Bill for enactment, City Council require the owner to: a.

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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 4 to this report, without the written consent of the Chief Planner or his/her designate. 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 to the satisfaction of the Chief Planner and Executive Director. 4. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption by-law on title to the lands or any portion thereof against which the Section 118 Restriction under the Land Titles Act has been registered. 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.

Considered

2022-11-29 · North York Community Council · adopted
Decision as filed
North York Community Council recommends that: 1. City Council enact a Part Lot Control Exemption by-law with respect to the subject lands at 104-110 Bartley Drive, as generally illustrated on Attachment 3 to the report (October 28, 2022) from the Director, Community Planning, North York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council. 2. Prior to the introduction of the Part Lot Control Exemption Bill for enactment, City Council require the owner to: a.
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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 4 to the report (October 28, 2022) from the Director, Community Planning, North York District, without the written consent of the Chief Planner or his/her designate. 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 to the satisfaction of the Chief Planner and Executive Director. 4. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption by-law on title to the lands or any portion thereof against which the Section 118 Restriction under the Land Titles Act has been registered. 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.
2022-12-14 · Toronto City Council · adopted

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