Re-opening and Amending Item 2025.TE22.3 - 72 Perth Avenue - Zoning By-law Amendment Application - Decision Report - Approval - by Councillor Alejandra Bravo, seconded by Councillor Gord Perks

There have been subsequent council approvals to increase the height and density of the development, however the parkland dedication size remained the same. Through detailed review of the related Site Plan Control application, it has come to staff's attention that the on-site parkland dedication area illustrated on the submitted site plan drawings is less than the required 134 square metres, with the actual size being 131 square metres. The applicant has informed parks staff that the proposed building associated with the Zoning By-law Amendment approval may have openings along the western wall that may trigger a Building Code requirement for the need for a Limiting Distance Agreement to be registered on a the eastern portion of the parkland to be transferred to the City that would prevent the erection of a buildings or structures within the limiting distance lands. The affected land is 131 square metres in area. If the Limiting Distance Agreement encumbrance is acceptable to the Executive Director, Development Review, the encumbrance would be subject to the payment of compensation to the City. This Motion seeks authority from City Council to accept the reduced on-site parkland dedication with the difference being satisfied through cash-in-lieu payment and to add a Limiting Distance Agreement as a permitted encumbrance to the parkland to be conveyed to the City. Requires Re-opening: Toronto and East York Community Council Item 2025.TE22.3 (May 21 and 22, 2025 Council Meeting), only as it pertains to Parts 6 and 8.

b. adding to the end of Part 8 the words "the owner may propose the exception of an encumbrance of a registered limiting distance agreement that would encumber the 131 square metres of the parkland dedication, where such an encumbrances is deemed acceptable by the Executive Director, Development Review, 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 Executive Director, Development Review and the Executive Director, Corporate Real Estate Management", so that Part 8 now reads as follows: 8. 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 an encumbrance of a registered limiting distance agreement that would encumber the 131 square metres of the parkland dedication, where such an encumbrances is deemed acceptable by the Executive Director, Development Review, 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 Executive Director, Development Review and the Executive Director, Corporate Real Estate Management.