Item - 2013.TE25.9

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, as amended, for the lands at 2263-2287 Yonge Street, 8-10 Eglinton Avenue East and 25 and 25R Roehampton Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District, with the following modifications:

a.         Revise Map 2 to remove floors 37 and 38 from the North Building, resulting in a reduction of the permitted height from 123.0 metres to 117.1 metres for the North Building.

b.         Revise the minimum parking requirements in Subsections 15(a) through 15(d) as follows:

(i)         0.1 parking spaces for each bachelor dwelling unit;

(ii)        0.3 parking spaces for each one-bedroom dwelling unit;

(iii)       0.5 parking spaces for each two-bedroom dwelling unit; and

(iv)       0.7 parking spaces for each three and more bedroom dwelling units.

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 enter into an Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor pursuant to Section 37 of the Planning Act, such agreement to be registered on title to the lands to secure the facilities, services and matters as follows:

a.         The community benefits to be provided and secured at the owner's sole expense in the Section 37 Agreement are, in a form satisfactory to the City with conditions providing for no credit for development charges, indexing escalation of both the financial contributions and letters of credit, indemnity, insurance, GST, termination and unwinding and registration and priority of the agreement, as follows:

i.          contributions in the amount of $3,250,000.00 payable prior to the first above-grade building permit to be applied as directed by the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor, in accordance with the following or towards other local area park or streetscape improvements, as appropriate:

1.         up to $1,250,000.00 for neighbourhood improvements to the Yonge-Eglinton area as recommended by the Parks and Open Space and Streetscape Master Plan Study in consultation with the Chief Planner and Executive Director, City Planning Division and with the Ward Councillor; and

2.         up to $2,000,000 for the acquisition, design and construction of a new public space on the TTC-owned property on the south-west corner of Yonge and Eglinton in consultation with the Chief Planner and Executive Director, City Planning Division and with the Ward Councillor.

Such total amount is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment.

b.         The owner shall enter into one or more agreements with the City pursuant to Section 37 of the Planning Act which are registered on title to the lot to the satisfaction of the City Solicitor to secure:

i.          Provision and maintenance of not less than 30 new replacement rental dwelling units on the lot, with rents no higher than mid-range rents,  to the satisfaction of the Chief Planner and Executive Director, City Planning Division, subject to the following:

1.         The replacement rental dwelling units shall comprise of 23 one-bedroom units, and 7 two-bedroom units; and the combined floor area of the 30 replacement rental dwelling units shall be not less than 17,641 square feet. Each rental dwelling unit shall have a storage locker.  There shall be 3 accessible units.  The units shall have a range of sizes as per the following list:

-           12 one-bedroom units with a minimum of 450 sq. ft. of which 6 units shall be larger than 500 sq. ft.;

-           11 one-bedroom units with a minimum of 590 sq. ft. of which 5 units shall be larger than 690 sq. ft.; and

-           7 two-bedroom units with a minimum of 707 sq. ft. of which 6 units shall be larger than 710 sq. ft.

2.         The replacement rental dwelling units shall be maintained as rental housing units for at least 20 years, beginning with the date each unit is occupied and until the owner obtains approval for a zoning by-law amendment removing the requirement for the replacement rental housing units to be maintained as rental units.  No application may be submitted for condominium registration, or for any other conversion to non-rental housing purposes, or for demolition without providing for replacement during the 20-year period.

3.         The building permit which provides for the replacement rental dwelling units shall be issued no later than the issuance of the first above-grade building permit for any building with residential uses on the lot.  The 30 replacement rental dwelling units shall be ready for occupancy no later than the date by which no more than 90% of the other dwelling units contained within the same building are available and ready for occupancy.

ii.         Provision and maintenance of rents no greater than mid-range rents charged to the tenants who rent each of the designated 30 replacement rental dwelling units during the first 10 years of occupancy, such that the initial rent shall not exceed an amount based on one and a half times (1.5x) the most recent Fall Update Canada Mortgage and Housing Corporation Rental Market Report average rent for the City of Toronto by unit type inclusive of basic utility costs.  Upon turnover, the rent charged to any new tenant shall not exceed the greater of the most recently charged rent or one and a half times (1.5x) the most recent Fall Update Rental Market Report average rent for the City of Toronto by unit type, and over the course of the 10 year period, annual increases shall not exceed the Provincial rental guideline and, if applicable, permitted above-guideline increases.

iii.        Rents charged to tenants occupying a replacement rental dwelling unit at the end of the 10-year period set forth in 3.b.ii. shall be subject only to increases which do not exceed the Provincial rent guideline and, if applicable, permitted above guideline increases, so long as they continue to occupy their dwelling unit or until the expiry of the rental tenure period set forth in 3.b.i.2. with a phase-in period of at least three years to unrestricted rents.

iv.        Rents charged to tenants newly occupying a replacement rental dwelling unit after the completion of the 10-year period set forth in 3.b.ii. will not be subject to restrictions by the City of Toronto under the terms of the Section 37 Agreement.

c.         The owner shall provide, prior to the introduction of bills in City Council, and implement a Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, that requires the owner to provide for each eligible tenant at 25 Roehampton Avenue the right to return to a replacement rental dwelling unit, assistance that includes at least a moving allowance and other financial assistance geared to the affordability gap between the current rent and local area rent by unit type, with provisions for special needs tenants.

d.         The owner shall enter into an agreement with the City, prior to any building permit,  to secure the implementation of appropriate local roadway improvements, at the Owner's expense, as may be required which address the potential traffic impacts of the proposed development to the satisfaction of the Director of Engineering and Construction Services, Toronto and East York District.

Notwithstanding the foregoing, the owner and the City may modify or amend the said agreement(s), from time to time and upon the consent of the City and the owner, without further amendment to those provisions of this zoning by-law which identify the facilities, services and matters to be secured.

4.         City Council approve the application to demolish the existing building at 25 Roehampton Avenue that includes 30 residential rental dwelling units pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for replacement of the rental housing units:

i.          the owner shall provide and maintain 30 residential rental dwelling units in the development, for a period of at least 20 years, comprising 23 one-bedroom units and 7 two-bedroom units, which shall have mid-range rents;

ii.         the owner shall provide tenant relocation assistance for tenants in the existing rental building including the right to return to a replacement rental unit for the eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

iii.        the owner shall obtain a building permit which provides for the replacement rental  dwelling units no later than the issuance of the first above-grade building permit for any building with residential uses on the lot;

iv.        the owner shall enter into, and register on title, one or more Section 111 Agreements to secure the conditions outlined in (i) to (iii) herein and as further detailed in the draft zoning by-law amendment which is Attachment 11 to the final rezoning report from City Planning dated May 24, 2013, to the satisfaction of the Chief Planner and the City Solicitor;

v.         the owner shall enter into and register, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands, to the satisfaction of the City Solicitor, without the written consent of the Chief Planner and Executive Director, City Planning Division or her designate (to assist with securing the Section 111 Agreement against future owners and encumbrances of lands).

5.         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 the existing residential rental housing building after all of the following has occurred:

i.          the satisfaction of, or securing of the conditions in Recommendation 4; and

ii.         the official plan amendment and zoning by-law amendment in Recommendations 1 and 2 have come into full force and effect; and

iii.        the issuance of the Notice of Approval Conditions for site plan approval for the development by the Chief Planner and Executive Director, City Planning Division or her designate, pursuant to Section 114 of the City of Toronto Act, 2006.

6.         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 5 for the existing rental housing building.

7.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for the residential rental building no earlier than the date that the owner has submitted application for a building permit for the shoring and excavation for the lands on which the existing rental building is situated, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5 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 five (5) years from the date the permit is issued for demolition of the buildings; and

b.         should the owner fail to complete the new building within the time specified in condition 7.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.

8.         City Council require that the owner pay for and construct any necessary improvements to the municipal infrastructure, including the proposed watermain upgrades, in connection with the Functional Servicing Report as accepted by the Executive Director of Engineering and Construction Services and the General Manager of Toronto Water.

9.         City Council require that the owner make arrangements with Engineering and Construction Services for work in the City's right-of-way and to provide access to and from the site and to provide financial security, submit engineering and inspection fees and provide insurance as required by the Executive Director of Engineering and Construction Services.

10.       City Council require the applicant to provide an access to the Yonge-Eglinton subway station from the North Building on Roehampton Avenue.

11.       City Council direct City Planning staff to secure, as a condition of final Site Plan Approval, the high quality materials proposed by the Applicant.

12.       City Council direct the Applicant to consult with the Ward Councillor and local residents group on the review of the final design features prior to final Site Plan Approval.