Item - 2025.TE22.7

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for the lands at 11 Pleasant Boulevard.

2. City Council direct the City Solicitor and appropriate City staff to continue discussions with the applicant in an attempt to resolve outstanding issues.

3. In the event that the Ontario Land Tribunal allows the Zoning By-law Amendment appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. the owner has at their sole cost and expense:

1. submitted a revised Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

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

c. the owner is required to work with Toronto Transit Commission staff to accommodate lands for transit infrastructure associated with a potential mid-tunnel fire ventilation fan room within the development at 11 Pleasant Boulevard, as part of the Toronto Transit Commission’s Fire Ventilation Upgrade and Line 1 Capacity Review Project, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Development Review and the Head, Property, Planning and Development, Toronto Transit Commission;

d. the owner shall prepare and submit an updated Pedestrian Level Wind Study to the satisfaction of the Executive Director, Development Review, should it be determined that changes to height and massing are required;

e. the owner shall prepare all required documents and convey to the City, for nominal consideration, a 1.17 metre wide strip of land to the full extent of the site abutting the east limit of the north-south lane (west site frontage), such lands to be free and clear of all obstructions and encumbrances and subject to a right-of-way for access purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated as a public laneway, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; and

f. the owner shall prepare a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services, should it be determined that changes to the development are required.

4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On February 18, 2021, a Zoning By-law Amendment application was submitted to permit a 53.40-metre (14 storeys including mechanical penthouse) mixed-use building containing 72 dwelling units and 65 square metres of retail space on the ground floor.

On July 4, 2024, the applicant submitted a revised application to permit a 62.75-metre (17 storeys including the mechanical penthouse) residential building with 87 dwelling units.

On October 30, 2024, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the time frame in the Planning Act.

This report recommends that the City Solicitor and appropriate City staff attend the OLT hearing to oppose the application in its current form and continue discussions with the applicant to resolve outstanding issues.