Item - 2022.MM47.53

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council amend its previous decision on Item 2021.CC36.12 by:

a. deleting Part 7.a.vi. and replacing it with the following:

vi. the design, construction, and finishing and conveyance in fee simple of six (6) affordable housing units with a minimum floor area of 427 square metres (4,600 square feet) within the approved development at 6 Dawes Road by the Owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, provided that the six (6) new affordable rental dwelling units are located in a building for which an approval pursuant to the Condominium Act is requested, including:

1. the conveyance of the Affordable Rental Housing Units shall be at no cost to the City, in fee simple, prior to first occupancy of the any building on the Site;

2. the owner and the City entering into one or more Agreements of Purchase and Sale for the Affordable Housing Units, prior to the issuance of the first building permit for the phase of development within which the units are to be provided, and the Agreements of Purchase and Sale will be assignable by the City at no additional cost;

3. the Affordable Rental Housing Units will be comprised of at least three 1-bedroom units with a minimum size of 50 square metres (540 square feet), two 2-bedroom units with a minimum size of 87 square metres (936 square feet), and one 3-bedroom unit with a minimum size of 100 square metres (1,076 square feet);

4. the Affordable Rental Housing Units will have access to all building facilities and amenities on the same terms and conditions as all the other residents; and

5. on, or prior to, the conveyance of the Affordable Rental Housing Units, the City and the owner enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Affordable Housing Units; or;

b. adding a new Part 7.a.vii. as follows:

vii. the owner shall provide and maintain six (6) new affordable rental dwelling units on the lands at 6 Dawes Road for a minimum period of ninety-nine (99) years commencing from the date of the final approval of the Amending By-laws, in accordance with the following, provided that the six (6) new affordable rental dwelling units are located in a building the remainder of which (the "Remainder of the Building") is also comprised of rental dwelling units to the satisfaction of the Chief Planner and Executive Director, City Planning:

1. the six (6) new affordable rental dwelling units shall collectively contain a total gross floor area that is no less than 427 square metres (4600 square feet);

2. at least three (3) of the new affordable rental dwelling units shall be one-bedroom rental units with a minimum unit size that is no less than 50 square metres (540 square feet);

3. at least two (2) of the new affordable rental dwelling units shall be two-bedroom rental units with minimum unit size that is no less than 87 square metres (936 square feet);

4. at least one (1) of the new affordable rental dwelling units shall be a three-bedroom rental unit with minimum unit size that is no less than 100 square metres (1,067 square feet);

5. the location and layouts of the new affordable rental dwelling units within the development shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

6. the owner shall provide and maintain the new affordable rental dwelling units as secured rental housing for a minimum period of ninety-nine (99) years commencing from the date of the final approval of the Amending By-laws; during such secured rental period, no affordable rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any affordable rental dwelling unit or to convert any affordable rental dwelling unit to a non-residential rental purpose; and upon the expiration of the secured rental period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise; 

7. the owner shall provide and maintain all six (6) new affordable rental dwelling units at affordable rents, as currently defined in the Official Plan, for a minimum period of 99 years, during which the rent (inclusive of utilities) charged to any tenant of a new affordable rental dwelling unit shall not exceed one (1) times the average rent for the same bedroom type in the City of Toronto, as reported by the Canada Mortgage and Housing Corporation in its most recent Rental Market Survey; and

8. notwithstanding Part 7.a.vii.7. above, after the first year of occupancy of an affordable rental dwelling unit, the rent (inclusive of utilities) charged to any first tenant or new tenant of a new affordable rental dwelling unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the unit under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

9. the owner shall use the City's Centralized Access Plan to advertise the units and select tenants and shall develop and implement an Access Plan in consultation with and to the satisfaction of the Executive Director, Housing Secretariat;

10. the six (6) new affordable rental dwelling units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units erected on the lands are available and ready for occupancy;

11. the owner shall provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

12. the owner shall provide all tenants of the affordable rental dwellings units with laundry facilities on the same basis as other residents of the development at no extra charge; and

13. the owner shall provide all tenants of the affordable rental dwelling units with access to permanent and visitor vehicular and bicycle parking on the same terms and conditions as any other resident of the development, and in accordance with the Zoning By-law; and

14. the owner agrees to maintain the rental tenure of the Remainder of the Building in which the six (6) new affordable rental dwelling units on the lands at 6 Dawes Road, without application to convert or demolish for at least ninety-nine (99) years commencing from the date of the final approval of the Amending By-laws, more particularly no rental dwelling unit in the Remainder of the Building shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any rental dwelling unit or to convert any rental dwelling unit in the Remainder of the Building to a non-residential rental purpose; and upon the expiration of the ninety-nine (99) year period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise.

2. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the Owner may be permitted to apply to amend the site specific zoning by-law(s) for the lands at 6 Dawes Road before the second anniversary of the first day on which any part of said site specific by-law(s) come into effect.