Item - 2024.TE18.2

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 952 King Street West substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (November 15, 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. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to:

a. submit a revised Functional Servicing and Stormwater Management Report, including the Foundation Drainage Summary Form and Servicing Report Groundwater Summary (“Engineering Reports”), and supporting plans, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

b. enter into a financially secured agreement with the City to secure the construction of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports to support the development, if any, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and

c. provide a plan for installation of art, including mural artwork, onto every elevation of the construction hoarding board, with adequate spotlighting for night-time illumination and on-going maintenance, at their sole cost, to the satisfaction of the Ward Councillor.

4. City Council allow the Owner of 952 King Street West (the "Site") to design, construct, finish, provide and maintain on the Site six (6) affordable rental housing units as part of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, the Executive Director, Development Review 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 have a total of 5 one-bedroom units and 1 two-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;

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 if the remainder of the building is condominium in tenure;

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 resident 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 the first tenants of and upon turnover of the Affordable Rental Housing Units shall not exceed Affordable Rent as defined in the Official Plan for a minimum of 30 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 4.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.

5. 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 4 above, to the satisfaction of the Chief Planner and Executive Director, City Planning, the Executive Director, Development Review and the City Solicitor, with such agreement to be registered on title to the 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 attribute a value to the in-kind contribution set out in Recommendation 4 above, equal to 100 percent of 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 and direct staff to advise the owner of such valuation.

7. 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 952 King Street West from Permit Parking.

8. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

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 application proposes a 17-storey mixed-use building with 227 dwelling units, including six affordable rental units, approximately 182 square metres of ground floor non-residential space, and 50 parking spaces in two levels of underground parking at 952 King Street West.

This report reviews and recommends approval of the application to amend the Zoning By-law. Staff are of the opinion that the proposed development is an appropriate built form for the existing and planned context.  It also supports the need for additional housing through providing both market and affordable dwelling units, and improves the public realm.