Item - 2025.TE21.5

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 152-164 Bathurst Street and 623-627 Richmond Street West substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to to the report (March 17, 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.City Council allow the Owner of 152-164 Bathurst Street and 623-627 Richmond Street West (the "Site") to design, construct, finish, provide and maintain on the Site nine (9) 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 be comprised of six (6) studio or one-bedroom units, two (2) two-bedroom units, and one (1) three-bedroom unit (the "Affordable Rental Housing Units") and shall collectively have a total gross floor area of at least 4,355 square feet;

b. 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;

c. 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;

d. 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;

e. 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;

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

g. 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;

h. 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 25 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;

i. the Owner shall provide and maintain the Affordable Rental Housing Units as rental dwelling units at the rents identified in Recommendation 3.h. 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;

j. 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

k. 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 are available and ready for occupancy.

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 3 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. 

5. City Council attribute a value to the in-kind contribution set out in Recommendation 3 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 and direct staff to advise the Owner of such valuation.

6. 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 152-164 Bathurst Street and 623-627 Richmond Street West from Permit Parking.

7. City Council direct the applicant to provide, install and maintain public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

8. City Council request Development Review staff to continue to consult with neighbours in close proximity, particularly the residents of the properties to the immediate north of the subject site to discuss matters including, but not limited to: streetscape design, traffic mitigation measures and construction related impacts, such as vehicular access, noise, dust, vibration, etc.; and that the construction issues be addressed through the submission by the applicant of a comprehensive Construction Management Plan, to the satisfaction of the General Manager, Transportation Services and the Director, Community Planning, Toronto and East York District. 

9.  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 April 3, 2025 and notice was given in accordance with the Planning Act.

This report recommends approval of the application to amend the Zoning By-law to permit a 29-storey mixed-use building with 362 dwelling units, including nine affordable rental units, at 152-164 Bathurst Street and 623-627 Richmond Street West. This site was previously approved in 2023 for a 18-storey mixed-use building with 216 dwelling units and no affordable units.

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 the provision of both market and affordable dwelling units close to existing and future transit.