Item - 2010.TE36.8

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan for 15-27 Beverley Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report from the Director, Community Planning, Toronto and East York District, dated July 29, 2010.

2.         City Council amend Zoning By-law 438-86, as amended, for 15-27 Beverley Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report from the Director, Community Planning, Toronto and East York District, dated July 29, 2010.

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

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor as follows:

a.         The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.          A Tenant Relocation and Assistance Plan for residential tenants in the existing buildings to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 6.

ii.         A contribution in the amount of $770,000 for cash-in-lieu of replacement of the six (6) residential rental housing units existing on the lot at the time of the application to be paid to the City’s Capital Revolving Fund for Affordable Housing for the purpose of constructing new affordable housing units.

b.         The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.          The owner shall provide a minimum of nine (9) residential units in the building having at least three bedrooms.

5.         City Council approve the application to demolish the five (5) existing buildings that include 6 residential rental housing units located at 15-27 Beverley Street pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for payment of cash-in-lieu of replacement of the rental housing, and tenant relocation assistance:

a.         the owner shall provide A Tenant Relocation and Assistance Plan for residential tenants in the existing buildings to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 6;

b.         the owner shall pay to the City, prior to the issuance of the first above grade building permit, the sum of $770,000 for cash-in-lieu of replacement of the 6 residential rental housing units existing on the lot at the time of the application to be paid to the City’s Capital Revolving Fund for Affordable Housing for the purpose of constructing new affordable housing units; and

c.          the owner shall enter into and register one or more Section 111 Agreements to secure the conditions outlined in a. and b. above and as described in Appendix 1 of the draft Zoning By-law Amendment (Attachment 6), to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division.

6.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 for demolition of the six (6) rental housing units after the latest of the following has occurred: the satisfaction of the conditions in Recommendation 5; the Official Plan Amendment and Zoning By-law Amendment in Recommendations 1 and 2 have come into full force and effect; and the issuance of the site plan approval for the development by the Chief Planner and Executive Director, City Planning or his designate, pursuant to Section 114 of the City of Toronto Act, 2006.

7.         City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 6 for the existing rental housing units.

8.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for the existing rental housing units no earlier than issuance of the first building permit for the foundation of the new building, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 7 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

a.         the owner erect a residential building on site no later than three (3) years from the date the permit is issued for demolition of the buildings;

b.         should the owner fail to complete the new building within the time specified in condition a., the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that such sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

9.         In the event City Council adopts Recommendations 1 to 8 in the July 29, 2010 report of the Director, Community Planning, Toronto and East York District, City Council confirm that its decision of July 6, 7 and 8, 2010, respecting Recommendation 3 contained in Item PG39.11, headed “Short Term Delegation Authority to Deal with Applications under Parts IV and V of the Ontario Heritage Act During and After the 2010 Municipal Election”, directing the Chief Planner to designate listed properties after the last City Council meeting of the term until the resumption of regular City Council meetings following the October 2010 municipal election when an application to demolish a listed property is submitted,  is not intended to apply to the two (2) existing buildings at 15 and 27 Beverley Street.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applicant proposes an 11-storey residential building at 15-27 Beverley Street. Townhouses with separate entrances are proposed along Beverley Street at the base of a 3-storey podium with a residential building above. Access for parking and loading is located off the public lane at the south side of the site. The proposal involves the demolition of existing buildings on the site, including all of the residential rental dwelling units, with no replacement rental housing to be provided. Two buildings listed on the City’s Inventory of Heritage Properties would also be demolished.

As directed by City Council at its meeting on July 6 and 7, 2010, this report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law, and approval of the application to demolish the existing residential buildings without requiring the replacement of the residential rental units.  An application to demolish the listed heritage buildings on-site has been submitted to Heritage Preservation Services and is currently under review.