Item - 2024.TE15.6

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 29-39 Pleasant Boulevard substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (June 21, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 29-39 Pleasant Boulevard to enter into, and register on title, an Amending Section 37 Agreement which would amend the March 8, 2022 Section 37 Agreement registered on title for 29, 31, 33 and 39 Pleasant Boulevard as Instrument AT6011030 to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; the additional community benefits to be provided by and at the owner's expense and secured through the Zoning By-law Amendment and the required Amending Section 37 Agreement, are as follows:

a. an additional indexed cash contribution of $1,500,000 to be secured in the Amending Section 37 Agreement; the total amount is indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date the amending Section 37 Agreement is registered to the date of payment and is detailed as follows:

i. prior to the issuance of the first above-grade building permit the owner shall provide an indexed cash contribution to the City in the amount of $1,500,000 to be allocated to new or existing affordable housing, new or existing cultural and/or community space, local area park and streetscape improvements, and/or ravine improvements in the vicinity of the application site; and

ii. in the event that the cash contribution referred to in Recommendation 3.a. above has not been used for the intended purpose within three (3) years of this By-law coming into force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; and

b. all the community benefits and matters of convenience previously approved by City Council and secured in the Section 37 Agreement registered on title on 29, 31, 33 and 39 Pleasant Boulevard as Instrument AT6011030, including a financial contribution in the amount of $3,643,000.00 payable to the City prior to the issuance of the first above-grade building permit, which is indexed, and to be directed to capital improvements for new or existing cultural and/or community space within the vicinity of the application site, affordable housing, local area park improvements, and/or streetscape improvements, remain unchanged and the owner’s obligations.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. prepare and submit a revised Functional Servicing and Stormwater Management Report and Functional Servicing Report Groundwater Summary Form to Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance;

b. prepare and submit a revised Hydrogeological Summary Form and a Hydrogeological Report to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance; and

c. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services should it be determined that improvements to such infrastructure are required.

5. City Council approve that, in accordance with Section 42 of the Planning Act, prior to the first above-grade building permit, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 149 square metres on the west side of the development site, fronting onto Pleasant Boulevard to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; the remaining Section 42 parkland dedication requirement not fulfilled through the required on-site parkland conveyance shall be satisfied through a cash-in-lieu of parkland payment, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and the amount of cash-in-lieu to be paid will be determined at the time of issuance of the first above-grade building permit and provided to the City.

6. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

7. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

The Toronto and East York Community Council held a statutory public meeting on July 10, 2024 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 162.3-metre (50-storeys excluding mechanical penthouse) residential building.

The site was the subject of a previous City Council approval on November 9, 2021, for a Zoning By-law Amendment application to permit a 112-metre (35-storey, excluding mechanical penthouse) residential building. The current proposal maintains the same base building form, tower setbacks, public realm and open space as the previous approval, and proposes an additional 50.3 metres (15 storeys) in tower height.

The proposal retains a number of elements secured through the previous approval including a public park and a Privately Owned Publicly-Accessible Space (POPS). The existing Section 37 Agreement will be amended to secure a $1,500,000.00 cash contribution as an additional community benefit.