Item - 2024.TE17.8

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 985 Woodbine Avenue and 2078, 2086, 2100, 2102 and 2106 Danforth Avenue, substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (October 7, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council allow the Owner of 985 Woodbine Avenue and 2078, 2086, 2100, 2102 and 2106 Danforth Avenue (the "Site") to design, construct, finish, provide and maintain on the Site 12 affordable rental housing units as part of the development (the “Affordable Rental Housing Units”), to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat, as an in-kind contribution pursuant to Subsection 37(6) of the Planning Act; all in accordance with the following terms (the “in-kind contribution”):

a. the in-kind contribution shall be comprised of 1 bachelor unit, 8 one-bedroom units, 2 two-bedroom unit and 1 three-bedroom unit (the "Affordable Rental Housing Units");

b. the average unit size of the Affordable Rental Housing Units shall be no less than the average unit size of all the market units, by unit type, in each phase of the proposed development; the Affordable Rental Housing units shall collectively have a total gross floor area of at least 716.4 square metres (7,711 square feet);

c. the minimum unit size of the Affordable Rental Housing Units shall be no less than the minimum unit sizes of all market units, by unit type, in each phase of the proposed development;

d. the Affordable Rental Housing Units shall be provided in contiguous groups of at least six (6) rental dwelling units;

e. the general configuration, location and layout of the Affordable Rental Housing Units in the development shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. tenants of the Affordable Rental Housing Units shall be provided with access to, and use of all indoor and outdoor amenities in the development at no extra charge; access to, and use of, these amenities shall be 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;

g. all Affordable Rental Housing Units will be provided with ensuite laundry facilities and central air conditioning at no extra charge;

h. tenants of the Affordable Rental Housing Units will be provided with access to permanent and visitor bicycle parking/bicycle lockers in accordance with the Zoning By-law and on the same basis as other units within the development;

i. the initial rent (inclusive of utilities) charged to first tenants and upon turnover shall not exceed Affordable Rent as currently defined by the Official Plan for a minimum 40-year period, beginning with the date each such unit is first occupied; during the first 40 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial Rent Guideline;

j. the owner shall provide and maintain the Affordable Rental Housing Units as rental dwelling units at the rents identified in Recommendation 2.i. above, for the duration of the Affordability Period; the Affordable Rental Housing Units shall not be registered as a condominium or any other form of ownership, such as life lease or co-ownership, which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any Affordable Rental Housing Unit shall be made for the duration of the Affordability Period; and upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the Affordable Rental Housing Units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise;

k. the owner will use the City's Centralized Affordable Housing Access System to advertise and select tenants for the Affordable Rental Housing Units, provided it is in place, unless otherwise agreed to by the Executive Director, Housing Secretariat; and at least six (6) months in advance of any Affordable Rental Housing Unit being made available for rent, the owner shall develop and implement an Access Plan which will outline how the Affordable Rental Housing Units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; and

l. the Affordable Rental Housing Units shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units erected on the site as are available and ready for occupancy.

3. City Council attribute a value to the in-kind contribution set out above, equal to 100 percent of four (4) percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development.

4. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 2 above, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to 985 Woodbine Avenue and 2078, 2086, 2100, 2102 and 2106 Danforth Avenue lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

5. City Council approve that in accordance with Section 42 of the Planning Act prior to the issuance of the First Above Grade Building Permit, the owner shall convey to the City, an off-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

6. City Council approve the acceptance of an off-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.

7. City Council direct that should the cost of acquiring the land for the off-site dedication, including the purchase price, less reasonable real estate commissions of up to five (5) percent, land transfer tax and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks, Forestry and Recreation, be less than the value of the parks levy calculated upon the submission of an application for the first above-grade building permit, the difference will be paid as cash in lieu to the City prior to the issuance of the first above-grade building permit for the development.

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 approve the Rental Housing Demolition Application (19 132721 STE 19 RH) in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of 14 existing rental housing units located at 2100, 2102 and 2106 Danforth Avenue, subject to the following conditions:

a. the owner shall provide and maintain 14 rental replacement units on the subject site for a period of at least 20 years beginning from the date that each replacement housing unit is first occupied, and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement; and the replacement units shall collectively have a total gross floor area of at least 1001.9 square metres (10,784 square feet) and be comprised of 12 one-bedroom units and 2 three-bedroom units as generally illustrated in the revised plans submitted to the City Planning dated August 29, 2024; and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall provide all 14 replacement rental dwelling units required in Recommendation 9.a. above, at affordable rents, defined as gross monthly rent no greater than one times the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation all for a period of at least 10 years beginning from the date of first occupancy of each unit; and rents shall not include additional charges for laundry or central air conditioning;

c. the owner shall provide an access plan addressing how replacement rental dwelling units will be occupied, including the use of the City's Centralized Affordable Rental Housing Access System or, where the system is not yet in place, to tenants who have demonstrated that they are in need of affordable rental housing through a fair and transparent process developed in consultation and to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

d. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the 14 existing rental units proposed to be demolished 2100, 2102 and 2106 Danforth Avenue, addressing the right to return to occupy one of the rental replacement units at similar rents, the provision of an alternate rental unit during the construction period, and other assistance to lessen hardship; the Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

e. the owner shall provide tenants of all 14 rental replacement units with access to, and use of, all indoor and outdoor amenities in the proposed 35-storey and 10-storey buildings; access to, and use of, these amenities shall be 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 an established practice for private bookings;

f. the owner shall provide tenants of all rental replacement units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the proposed building;

g. the owner shall provide ensuite laundry in each replacement rental dwelling unit at no extra charge;

h. the rental replacement units required in Recommendation 9.a. above, shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the proposed development, exclusive of the rental replacement units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. the owner shall enter into, and register on title to the lands at 985 Woodbine Avenue and 2078, 2086, 2100, 2102 and 2106 Danforth Avenue, an Agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 9.a. through 9.h. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

10. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the 14 existing rental units located at 2100, 2102 and 2106 Danforth Avenue after all the following have occurred:

a. all conditions in Recommendation 9 above have been fully satisfied and secured;

b. the Zoning By-law Amendments have come into full force and effect;

c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006, or as otherwise agreed to by the Chief Planner and Executive Director, City Planning;

d. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; and

e. the owner has confirmed, in writing, that the 14 existing rental units are vacant.

11. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 10 above.

12. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 985 Woodbine Avenue and 2078, 2086, 2100, 2102 and 2106 Danforth Avenue after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 11 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to Section 6.2 of Chapter 363, on condition that:

a. the owner removes all debris and rubble from the site immediately after demolition;

b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects the proposed building on site no later than three (3) years from the date that demolition of the existing rental units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning, or as otherwise agreed to by the Chief Planner and Executive Director, City Planning; and

d. should the owner fail to complete the proposed building within the time specified in Recommendation 12.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

13. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement and any other related agreements.

14. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 985 Woodbine Avenue from Permit Parking.

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

16.  City Council request the owner to make efforts to secure funding and/or partnerships and/or beneficial financing arrangements in support of the provision of additional Affordable Housing through Federal (Canada Mortgage and Housing Corporation or otherwise), Provincial and/or municipal funding programs (such as the Rental Housing Supply Program) to maximize the provision of Affordable Rental Housing on the Site.

17.  City Council direct Planning staff to pursue the inclusion of a potential theatre space within the non residential component of the development, and should the Owner propose the theatre use, that the theatre operator make the theatre space available to book by the public for a minimum of ten (10) hours per month at a nominal cost, and if successful to secure the access to the theatre space and any necessary terms through any appropriate agreements to the satisfaction of the City Solicitor.

18.  Should the parkland dedication requirement not be satisfied through an acceptable off-site parkland dedication, City Council require the owner to satisfy the parkland dedication requirement through cash-in-lieu, with payment to be made prior to the issuance of the first above-grade building permit for the land to be developed.

The Toronto and East York Community Council held a statutory public meeting on October 24, 2024 and notice was given in accordance with the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend Zoning By-law 569-2013 for the lands municipally known as 985 Woodbine Avenue and 2078, 2086, 2100, 2102 and 2106 Danforth Avenue to permit a mixed-use development with a 10-storey residential building in the north-easterly portion of the site and a 35-storey tower in the south-westerly portion of the site, connected by non-residential uses in a shared base building. The site is immediately adjacent to the Woodbine TTC station.

The proposed development includes 45,766 square metres of Gross Floor Area, of which 3,492 square metres are allocated to non-residential uses. The proposed non-residential uses include a grocery store and theatre space in the west building and daycare space in the east building. The application also proposes a total of 606 residential units, including 14 rental replacement units and 12 affordable rental units. One level of underground parking will serve both buildings.

The proposed development is consistent with the Provincial Policy Statement (2020) and the Provincial Planning Statement (2024). It conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposed development also conforms to the City's Official Plan, including Site and Area Specific Policy 552 implementing Segment 1 of the Danforth Planning Study from Coxwell Avenue to Victoria Park Avenue.

This report reviews and recommends approval of the application to amend the Zoning By-law. The proposed mixed-use buildings fit with the existing and planned context of the surrounding area. The mix of residential unit types including affordable rental units, as well as the proposed daycare space, theatre space and commercial component, assists in the creation of complete communities by providing mixed-use intensification around a transit station.

This report also reviews and recommends approval of the Rental Housing Demolition application. The proposal includes full replacement of the existing 14 rental dwelling units, and a Tenant Relocation and Assistance Plan that addresses the right for existing tenants to return to replacement rental dwelling units at similar rents and financial assistance to mitigate hardship.