Item - 2020.TE20.4

The Toronto and East York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the Subject Lands at 77, 81, and 83 Mutual St as generally illustrated on Attachments 1 and 2 and substantially in accordance with the Part Lot Control Exemption Plan attached as Attachment 3 and the Draft Part Lot Control Exemption By-law attached as Attachment 4 to the report (October 19, 2020), from the Director Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire three (3) 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:

a. to provide proof of payment of all current property taxes for the Subject Lands to the satisfaction of the City Solicitor; and

b. to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to convey or charge any part of the lands, excluding any unit forming part of a condominium and any charge on all of the lands, without the written consent of the Chief Planner or their designate.

3. 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.

4. City Council authorize the City Solicitor to take release, or partially release, the Section 118 Restriction from title to all or a portion of the lands in their sole discretion after consulting with the Chief Planner and Executive Director, City Planning.

5. City Council authorize City officials to take necessary steps, including the execution of agreements and documents which set out the implementation of the Part Lot Control Exemption By-law to give effect to the recommendations above.

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.

The Toronto and East York Community Council held a statutory public meeting on November 10, 2020 and notice was given in accordance with the Planning Act.

This application proposes exemption from the Part Lot Control provisions of the Planning Act for the lands municipally known as 77, 81, and 83 Mutual Street (the “Subject Lands”) to facilitate the development of a 36-storey mixed use building on the Subject Lands.  Five (5) conveyable lots will be created through this application.  The Subject Lands are within a registered plan of subdivision and are therefore subject to Part Lot Control.

The proposed development includes the following in their own separate and conveyable lot, stratified throughout the building: a commercial freehold parcel (partial 1st floor); a commercial parking garage (partial P1, P2 and P3, and 1st floors); a floor of rental replacement dwelling units (partial 3rd floor); shared areas for circulation, servicing, and amenities (parts of all floors); and a residential condominium (parts of all floors).

The application has been requested by the owner to permit the division of the Subject Lands and the constructed 36-storey building into a number of stratified parcels, enabling the applicant to transfer title for the aforesaid stratified portions of the Subject Lands along with easements to facilitate the implementation of the development.

This report reviews and recommends approval of a Part Lot Control Exemption by-law to be enacted for a period of up to three (3) years on the Subject Lands.   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 charge any part of the Subject Lands without prior consent of the Chief Planner and Executive Director or their designate.