Item - 2025.TE23.7

The Toronto and East York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law for the lands municipally known as 2 Tecumseth Street and 125-133 Niagara Street, substantially in accordance with the draft Part Lot Control Exemption By-law included as Attachment 3 to the report (May 20, 2025) from the Director, Community Planning, Toronto and East York District, and as generally illustrated on the Part Lot Control Exemption Plan on Attachment 2 to the report (May 20, 2025) from the Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire two (2) years following enactment by City Council.

2. Prior to the introduction of the Part Lot Control Exemption By-law, 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;

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 Attachment 4, Schedule A, to the report (May 20, 2025) from the Director, Community Planning, Toronto and East York District, without prior written consent of the Executive Director, Development Review or their designate, to the satisfaction of the City Solicitor; and

c. provide a written letter to the Committee of Adjustment requesting withdrawal and closure of the Consent Application (Application Number B0015/23TEY) that was provisionally approved in 2023 with conditions set to lapse in September 2025.

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 Executive Director, Development Review, at such time as confirmation is received that a plan of condominium has been registered or upon expiry or repeal of the Part Lot Control Exemption By-law.

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 repeal or amend the Part Lot Control Exemption By-law to delete part of the lands described in the Part Lot Control Exemption By-law if the City Solicitor determines, in their sole discretion, after consulting with the Executive Director, Development Review, that it is necessary prior to releasing or partially releasing the 118 Restriction from title.

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.

This report recommends approval of the application to exempt 2 Tecumseth Street and 125-133 Niagara Street from the Part Lot Control provisions of the Planning Act. This application facilitates the construction phasing of the approved development, which includes three mixed-use buildings and two non-residential buildings with residential, office and retail uses, as well as affordable housing, a public parkland dedication, a multi-use path, and improvements to Tecumseth Street.

The lifting of Part Lot Control is appropriate for the orderly development of these lands, as it will allow for the phased construction and financing of the project in order to begin construction of the first building.