Item - 2024.TE18.1

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 2400-2440 Dundas Street West substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (November 18, 2024) from the Director, Community Planning, Toronto and East York District.

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

3. City Council allow the owner of 2400-2440 Dundas Street West (the "site") to design, construct, finish, provide and maintain on the site 11 affordable rental units as part of the development in Phase 1, to the satisfaction of the Executive Director, Development Review, 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 Affordable Rental Housing Units secured through in-kind contribution shall be comprised of 1 studio unit; 1 one-bedroom unit; 8 two-bedroom units; 1 three-bedroom units (the "Affordable Rental Housing Units");

b. the average unit size of the Affordable Rental Housing Units shall be no less than the minimum unit size of all the market units, by unit type, and the Affordable Rental Housing Units shall collectively have a gross floor area of at least 2,442 square metres (8,013 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 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 on the same terms and conditions as any other resident of the development without the needs to pre-book or pay a fee, unless specifically required as a customary practice of private bookings;

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

h. tenants of the Affordable Rental Housing Units will be provided with access to long-term and short-term bicycle parking and visitor parking 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 of the Affordable Rental Housing Units shall not exceed Affordable Rent as defined in the Official Plan for a minimum of 40 years, beginning with the date each such unit is first occupied (the "Affordability Period"); during the Affordability Period, increases to initial rents charged to tenants occupying any of the Affordable Rental Housing Units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline; regardless of whether the Provincial rent guideline applies to the Affordable Rental Housing Units under the Residential Tenancies Act;

j. the owner shall provide and maintain the Affordable Rental Housing Units as rental dwelling units at the rents identified in Recommendation 3.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 in Phase 1 of the proposed development are erected on the site are available and ready for occupancy.

4. 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.

5. City Council authorize the Executive Director, Development Review 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 3 above, to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to 2400-2440 Dundas Street West lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

6. City Council approve that in accordance with Section 42 of the Planning Act, the owner shall convey to the City, an on-site parkland dedication having a minimum size of 1,043 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor prior to the issuance of the first Above Grade Building permit for Phase 2.

7. City Council approve that prior to the issuance of the first above grade building permit for the development, the owner shall register a Section 118 Restriction, pursuant to the Land Titles Act against title to the parkland to be conveyed to the City, that prohibits the transfer or charge of the parkland without the prior written consent of the General Manager, Parks, Forestry and Recreation, to the satisfaction of the City Solicitor.

8. City Council approve that prior to the issuance of the first above grade building permit for the development, the owner shall provide a letter of credit for the value of the parkland as appraised by the Executive Director, Corporate Real Estate Management in a form satisfactory to the City, and such security shall not be released until the parkland has been conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation; from the date the Financial Security is first paid to the City until such time as the parkland is conveyed to the City, the Financial Security shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

9. City Council approve the acceptance of the 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.

10. 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.

11. 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 2400-2440 Dundas Street West from Permit Parking.

The Toronto and East York Community Council held a statutory public meeting on December 4, 2024 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of an application to amend the Zoning By-law. The proposal is for three mixed use tower buildings, two of which share a podium, with tower at heights of 25, 37 and 42 storeys. 6,371 square metres of non-residential floor area is proposed, and 1,214 dwelling units. Of the proposed residential units, 447 units are proposed to be purpose built rental housing including 11 affordable rental units to be secured through Community Benefits Charge in-kind contribution, and 56 affordable rental units as a requirement of the Site and Area Specific Policy 796. The application also includes a vehicular and pedestrian access route to a Pick-Up and Drop-Off Loop (PUDO) that provides access to the Bloor GO/UP Express Station at 2376 Dundas Street West. A park of 1,043 square metres will be conveyed to the City.

The proposed development is consistent with the Provincial Planning Statement (2024). The proposed development also conforms to the City's Official Plan, including Site and Area Specific Policy 796.