Item - 2025.TE20.10

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands municipally known as 1400, 1408 and 1410 Victoria Park Avenue substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the revised report (February 12, 2025) 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. enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, as it has been determined that upgrades and road improvements are required to support the development, according to the Functional Servicing and Stormwater Management report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

4. City Council allow the Owner of 1400, 1408 and 1410 Victoria Park Avenue to design, construct, finish, provide and maintain nineteen (19) affordable rental housing units as part of the development, 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 in accordance with the following terms (the "in-kind contribution"):

a. the in-kind contribution shall be comprised of one (1) studio unit, twelve (12) one-bedroom units, four (4) two-bedroom units and two (2) 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 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 1,182 square metres (12,723) 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 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 long-term and short-term bicycle parking and visitor bicycle 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 99-year period, beginning with the date each such unit is first occupied (the "Affordability Period"); during the first 99 years of occupancy, 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 in the proposed development erected on the site are available and ready for occupancy.

5. City Council attribute a value to the in-kind contribution set out in Recommendation 4 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 first 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 title to 1400, 1408 and 1410 Victoria Park Avenue, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

7. 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 on-site parkland dedication, having a minimum size of 1,180 square metres, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor.

8. City Council approve the acceptance of 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.

9. 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 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 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.

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 1400, 1408 and 1410 Victoria Park Avenue from Permit Parking.

The Toronto and East York Community Council held a statutory public meeting on February 20, 2025 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of a Zoning By-law Amendment to permit two new mixed buildings on two blocks with a total of four towers. On 1408 and 1410 Victoria Park Avenue (the north block), an 8-storey podium connects towers of 26-storeys and 13-storeys. On 1400 Victoria Park Avenue (the south block), an 8-storey podium connects towers of 13-storeys and 23-storeys.

The proposal will include 951 residential dwelling units, including 10 affordable rental units and a total gross floor area (GFA) of approximately 69,599 square metres, including 2,971 square metres of non-residential gross floor area fronting onto Victoria Park Avenue. Vehicular access to the site is from the rear of each block to loading spaces and underground parking. A new public park of 1,225 square meters is proposed on the south end of the south block.

The proposed development is consistent with the Provincial Planning Statement (2024). The proposed development also conforms to the City's Official Plan, and represents appropriate intensification that is compatible with the existing and planned context. It will provide diverse unit types and affordable rental housing units, a new public park, improved pedestrian connections and increased tree canopy on site.