Item - 2025.TE19.2

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands municipally known as 450 Dufferin Street substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (December 18, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands municipally known as 450 Dufferin Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (December 18, 2024) from the Director, Community Planning, Toronto and East York District.

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

4. City Council allow the owner of 450 Dufferin Street to provide 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 in accordance with the following terms (the "In-Kind Contribution"):

a. the Affordable Rental Housing Units secured through an in-kind contribution shall be comprised of 1 studio unit; 3 one-bedroom units; 1 two-bedroom unit; and 1 three-bedroom unit (the "Affordable Rental Housing Units");

b. the minimum unit size of the Affordable Rental Housing Units shall be no less than the minimum unit size of all the purpose-built rental units, by unit type, and the Affordable Rental Housing Units shall collectively have a gross floor area of at least 351 square metres (3,778 square feet);

c. 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;

d. 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 other residents of the development without the need to pre-book or pay a fee unless specifically required as a customary practice of private bookings;

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

f. 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;

g. 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;

h. the owner shall provide and maintain the Affordable Rental Housing Units as rental dwelling units at the rents identified in Recommendation 4.g. 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;

i. 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 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

j. 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 the proposed development are erected on the site are available and ready for occupancy.

5. City Council attribute a value to the in-kind contribution set out 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.

6. 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 and the City Solicitor, with such Agreement to be registered on the title to 450 Dufferin Street, which agreement shall be evidence of arrangements for the provision of the in-kind Contribution that are satisfactory to City Council.

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

8. City Council direct the City Solicitor to withhold the necessary Bills for enactment, until the owner has, at its sole cost and expense, entered into one or more agreements, including a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure the rental tenure of the 169 market rate units until such time as the City Solicitor determines that its registration on title is no longer required.

9. City Council direct the Director, Community Planning, Toronto and East York District, to consult with the Ward Councillor and Alexander Muir/Gladstone Avenue and Grove Community Schools respecting student safety in the vicinity of the construction site and City Council request the applicant to commit to implementing any appropriate additional measures identified as part of the Construction Management Plan, to the satisfaction of the Director, Community Planning, Toronto and East York District, the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services.

10. 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 450 Dufferin Street from Permit Parking.

The Toronto and East York Community Council held a statutory public meeting on January 14, 2025 and notice was given in accordance with the Planning Act.

This Report recommends approval of the applications to amend the Official Plan and Zoning By-law to permit an 18 storey mixed use building, containing 175 purpose-built rental residential units, including 6 affordable rental housing units.  A total of 12,554 square metres of gross floor area is proposed, including 364 square metres of non-residential space on the ground floor.

This report reviews and recommends the Official Plan Amendment required to amend Site and Area Specific Policy (SASP) 794 to permit an 18 storey building and modify the employment area replacement requirements.  It also recommends the Zoning By-law Amendment to permit the proposed development.

The proposed development is consistent with the Provincial Planning Statement (2024).