Item - 2024.TE16.8

The Toronto and East York Community Council recommends that:

1. Subject to the Committee of Adjustment granting necessary minor variances to the Site-specific Zoning By-law 1336-2023 (Ontario Land Tribunal) for the lands at 2 Tecumseth Street and 125-133 Niagara Street, City Council direct the City Solicitor, in consultation with the Director, Community Planning, Toronto and East York District, to prepare for execution and registration on title, an amendment to the Section 37 Agreement between the City and the Owner, dated August 22, 2022, which amends the timing and delivery of the Multi-Use Path and Tecumseth Street Improvements.

2. City Council authorize the appropriate City officials to take the necessary action to give effect to Recommendation 1 above, including execution and registration of the amended Section 37 Agreement.

3. City Council direct that, prior to final Site Plan Approval, the amending agreement be registered on title and that the Owner has obtained the final and binding notification for the approval of the minor variance application for the subject property.

This report recommends that the Section 37 Agreement for the development at 2 Tecumseth Street and 125-133 Niagara Street be amended to revise the timing and delivery of the proposed Multi-Use Path and the Tecumseth Street Improvements. This amendment reflects planned construction phasing that has been introduced by the applicant following the 2022 approval of the rezoning application by the Ontario Land Tribunal (OLT).

The applicant has consulted with Community Planning staff and will be applying for a minor variance application to also revise the Section 37 benefits noted in Site-Specific By-law 1336-2023(OLT). The amendment to the Section 37 Agreement would be prepared following the Committee of Adjustment's approval of these minor variances. 

The proposed adjustments to reflect the development phasing are minor, in keeping with the intent of the original approvals, and would assist in enabling the development and delivery of the associated community improvements in a timely manner.