Item - 2019.TE7.21

The Toronto and East York Community Council recommends that:  

1. City Council enact a Part Lot Control Exemption By-law with respect to the lands at 440, 444, 450 and 462 Front Street West; 425, 439, 441 and 443 Wellington Street West; 6‑18 Spadina Avenue and 1 and 19 Draper Street (the Subject Lands), to be prepared to the satisfaction of the City Solicitor and to expire four years following enactment by City Council.

2. Prior to the introduction of the necessary bill(s) to City Council for enactment of a Part Lot Control Exemption By-law, require the owner to provide proof of payment of all current property taxes for the Subject Lands to the satisfaction of the City Solicitor.

3. Prior to the introduction of the necessary bill(s) to City Council for enactment of a Part Lot Control Exemption By-law, require the owner to register on title to the Subject Lands, in a form and with priority 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 without the prior written consent of the Chief Planner and Executive Director, City Planning, or his designate.

4. Prior to the introduction of the necessary bill(s) to City Council for enactment of a Part Lot Control Exemption By-law, require the owner to register against title to the Subject Lands the Draft Plan of Subdivision for the Subject Lands (Application 18 135637 STE 20 SB) as a final approved plan of subdivision, to the satisfaction of the Chief Planner and Executive Director, City Planning, or his designate.

5. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 restriction from title to portions of the Subject Lands that become subject to a registered plan of condominium.

6. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title to the Subject Lands.

7. 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 has been submitted to facilitate implementation of the approved large-scale mixed-use development on the lands at 440, 444, 450, 462 Front St W; 425, 439, 441 and 443 Wellington St W; 6-8 Spadina Ave and 1 and 19 Draper St, known as The Well (the Subject Lands).  The development includes seven mixed-use buildings with residential, office and retail uses, as well as public parkland and privately-owned publicly-accessible open space (POPS).  Overall, 1,537 dwelling units are proposed, as well as 105,364 square metres of office space and 44,824 square metres of retail space.

The applicant requests exemption from the Part Lot Control provisions of the Planning Act to permit the creation of seven parcels, consisting of: one commercial and six residential parcels.  The commercial parcel is comprised of the office building, the commercial podium space, the commercial components of the shared underground parking structure and the common open space areas.  The six residential parcels correspond to the six residential buildings above the commercial podium space and the residential components of the shared underground parking structure.

The application is consistent with the Provincial Policy Statement (2014), conforms to the Growth Plan for the Greater Golden Horseshoe (2019) and the City of Toronto’s Official Plan, and advances the implementation of the mixed-use development of the lands as approved by Council in 2017.  The lifting of Part Lot Control is appropriate for the orderly development of these lands.

This report reviews and recommends approval of the Part Lot Control Exemption application.  In addition, this report recommends that the owner of the Subject Lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to

convey or mortgage any part of the Subject Lands without prior consent of the Chief Planner and Executive Director, City Planning or his designate.