Item - 2025.TE22.3

That City Council adopt the following recommendations in the report (April 11, 2025) from the Director, Community Planning, Toronto and East York District, with an amendment to delete Recommendation 2:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 72 Perth Avenue substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to this report.

2. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. Submit additional information requested by Engineering Review in their memo dated February 25, 2025, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water.

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

4. City Council allow the owner of 72 Perth Avenue (the "site") to design, construct, finish, provide, and maintain on the site thirteen (13) 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 three (3) studio units, five (5) one-bedroom units, four (4) two-bedroom units, and one (1) three-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 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;

j. the owner shall provide and maintain the affordable rental housing units as rental dwelling units at the rents identified in (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; 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 seventy percent (70%) 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 four 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 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 134 square metres, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor.

8. City Council accept the remaining deficiency of parkland dedication as cash-in-lieu of parkland dedication, the value of which to be appraised by Corporate Real Estate Services upon the submission of an application for the first above-grade building permit.

9. 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.

10. In the event the owner elects to design and construct Above Base Park Improvements, 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.

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

That the item be forwarded to City Council without recommendation.