Item - 2025.TE24.72

The Toronto and East Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law for the lands municipally known as 2161 Yonge Street, substantially in accordance with the draft Part Lot Control Exemption By-law included as Attachment 3 to the report (July 4, 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 (July 4, 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 Schedule “A” in Attachment 3 to the report (July 4, 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. enter into a Shared Facilities Agreement and provide the requisite certification, to the satisfaction of the Executive Director, Development Review, prior to the registration of a Section 118 Restriction under the Land Titles Act for any applicable conveyances.

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 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 repeal or amend the Part Lot Control Exemption By-law to delete part of the lands described in the bylaw, 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 maybe required.

This report recommends approval of the application to exempt 2161 Yonge Street from the Part Lot Control provisions of the Planning Act. This application facilitates any required minor realignments of the property boundary lines within the non-residential portion of this proposed 38-storey mixed-use development site. The lifting of Part Lot Control is appropriate for the orderly development of these lands.

The Part Lot Control Exemption application implements the site-specific Zoning By-law. This report also recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act against the lands to ensure that no part of the lands can be conveyed or mortgaged without prior consent of the Executive Director, Development Review.