115 Saulter Street South - Official Plan and Zoning By-law Amendment Applications - Decision Report - Approval

A combination of Production, Interactive and Creative ("PIC") non-residential uses will be dedicated to the remaining 4,643 square metres. The total gross floor area of the proposal is 74,734 square metres. This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law. The proposed applications are consistent with the Provincial Planning Statement (2024) and conform to the City's Official Plan, including the Central Waterfront Secondary Plan. This proposal was also reviewed concurrent with ongoing publicly-led precinct planning for the McCleary District, where this property is located.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the the draft Official Plan and Zoning By-law Amendment as may be required. 4. City Council allow the owner to design, construct, finish, provide and maintain on the site at least 6.5 percent of the total residential gross floor area as affordable rental housing units for a minimum 99 year period or 10 percent of the total residential gross floor area as affordable rental housing units for a minimum 25 year period 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; all in accordance with the following terms (the "in-kind contribution"): a. the Affordable Rental Housing Units shall be comprised of the same unit mix as the proposed market residential 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 within each building; 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; d. the Affordable Rental Housing Units shall be provided in contiguous groups of at least 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 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 permanent 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 25-year or 99-year period, as outlined in Recommendation 4 above, 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 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; 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 percent) of the new dwelling units erected on the site as 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 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 Executive Director, Development Review 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 Executive Director, Development Review, and the City Solicitor. 7. Prior to the enactment of Bills, City Council direct the Executive Director, Development Review to obtain the joint approval of the Minister of Municipal Affairs and Housing and the Minister of Natural Resources and Forestry pursuant to the Natural Hazards policies of the Provincial Planning Statement, 2024, and the Protocol for the Lower Don Special Policy Area as it applies to Priority Projects.