Item - 2021.TE28.4

That:

1. City Council amend Zoning By-law 438-86 for the lands at 29-39 Pleasant Boulevard Substantially in accordance with the draft Zoning By-law Amendment in Attachment 5 to the report (September 23, 2021) from the Director, Community Planning, Toronto and East York District with the following revisions:

a. reduce base building height at the rear of the building from 6-storeys (23-metres) to 2-storeys (11-metres), and increase the tower height from 32-storeys (102.5 metres, plus mechanical penthouse) to 35-storeys (112-metres, plus mechanical penthouse); and

b. reduce the depth of the south facing balconies from 1.8 metres to 1.5 metres, up to the height of the adjacent building at 40 Rosehill Avenue.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 29-39 Pleasant Boulevard substantially in accordance with the draft Zoning By-law Amendment in Attachment 6 to the report (September 23, 2021) from the Director, Community Planning, Toronto and East York District  with the following revisions:

a. reduce base building height at the rear of the building from 6-storeys (23-metres) to 2-storeys (11-metres), and increase the tower height from 32-storeys (102.5 metres, plus mechanical penthouse) to 35-storeys (112-metres, plus mechanical penthouse); and

b. reduce the depth of the south facing balconies from 1.8 metres to 1.5 metres, up to the height of the adjacent building at 40 Rosehill Avenue.

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

4.  City Council, before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 29-39 Pleasant Boulevard in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. 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, with such amount indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135­01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment. The funds shall be directed at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor for the following:

i. capital improvements for new or existing cultural and/or community space within the vicinity of the application site, affordable housing, local area park improvement, and/or streetscape improvements.

b. in the event the cash contribution referred to in Recommendation 5 a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment coming into full 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 Ward Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community; and

c. the following matters of convenience are also recommended to be secured in the Section 37 Agreement:

i. a privately-owned publicly-accessible open space (POPS) of not less than 140 square metres;

ii. a 1.7-metre wide publicly-accessible pedestrian walkway on the east side of the site;

iii. the owner shall pay for and construct any improvements to the municipal  infrastructure in connection with the site servicing report, should it be determined that upgrades to such infrastructure are required to support this development; and

iv. prior to the issuance of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Executive Director, Engineering and Construction Services and the ward Councillor.

5. City Council, before introducing the necessary Bills to City Council for enactment, require the owner to:

a. submit the following materials to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

i.  Functional Servicing and Stormwater Management Report;

ii. Hydrological Report;

iii. Servicing Report Groundwater Summary Form; and

iv. Hydrological Review Summary Form.

6. City Council accept an on-site parkland dedication of 149 square metres, to be dedicated to the City prior to the issuance of the first above-grade building permit for the lands, and to be dedicated at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, and in an acceptable environmental condition, all to the satisfaction of the General Manger, Parks, Forestry and Recreation and the City Solicitor; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance if 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 direct the City Solicitor to secure such matters as outlined in the memorandum from Parks, Forestry and Recreation dated August 20, 2021, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

8. 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.

9. City Council direct the Chief Planner and Executive Director, City Planning to set up a Working Group  comprised of the local Councillor, applicant, City staff, and interested residents (including 40 Rosehill Avenue) to refine and mitigate any issues related to the rear podium façade, south facing balcony design and the design of the open space on the east side of the building; the group would work on options to maintain vehicular access to the rear of the property located at 40 Rosehill Avenue for maintenance and repair purposes, including that of trucks, that would be compatible with the park design.

10. City Council determine that no further notice is to be given in respect of the proposed by-laws under section 34(17) of the Planning Act.

That the item be forwarded to City Council without recommendation.