Item - 2014.EY32.1

Etobicoke York Community Council recommends that:

1.         City Council approve the application to demolish the 24 existing residential rental units located in the residential rental apartment building at 1990 Bloor Street West pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for the replacement of rental housing, as outlined in the report (March 18, 2014) from the Director, Community Planning, Etobicoke York District:

a.         the owner shall provide and maintain twenty-four (24) residential rental units on the subject site as rental housing for a period of at least 20 years, comprising five bachelor and nineteen one-bedroom units, as shown on the plans submitted to the City Planning Division dated December 13, 2013 with any revisions to be to the satisfaction of the Chief Planner and Executive Director, City Planning, and of which at least two one-bedroom units shall have affordable rents and the remainder shall have rents no higher than mid-range rents;

b.         the owner shall provide tenant relocation assistance to eligible tenants, including: an extended notice period; financial assistance beyond the minimums of the Residential Tenancies Act; and the right to return to a replacement rental unit for all of the tenants (the "Tenant Relocation and Assistance Plan"), and that the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.         the owner shall enter into and register on title one or more Section 111 Agreement(s) to secure the conditions outlined in (a) and (b) above and as described in the Draft Zoning By-law Amendment attached hereto (Attachment 2) to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

d.         the owner shall enter into and register on title, a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) agreeing not to transfer or charge those parts of the lands, comprising the 24 replacement rental units, without the written consent of the Chief Planner and Executive Director, City Planning or her designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Section 111 Agreement.

2.         City Council authorize the Chief Planner and Executive Director, City Planning to issue preliminary approval to the application under Municipal Code Chapter 667 after the latest of the following has occurred:

a.         satisfaction or securing of the conditions in Recommendation 1;

b.         after the Zoning By-law Amendment for the proposed development approved in principle by the Ontario Municipal Board on February 19, 2014 has come into full force and effect; and

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

3.         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 has issued the preliminary approval referred to in Recommendation 2.

4.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for excavation and shoring of the development approved by the OMB on February 19, 2014, and as provided for in the Draft Zoning By-law Amendment as attached to this report, and after the Chief Planner and Executive Director, City Planning has issued the preliminary approval referred to in Recommendation 2, which permit may be included in the demolition permit for Chapter 667 under 363-11.1 of the Municipal Code, on condition that:

a.         the owner erect a residential building on site no later than two (2) years from the day demolition of the buildings is commenced; and

b.         should the owner fail to complete the new building within the time specified in Condition 4 (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 ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

5.         City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 111 Agreement.

An application has been made to demolish a three storey, 24 residential rental unit building, comprising six bachelor and 18 one bedroom units at 1990 Bloor Street West and a house-form commercial building.  The demolition of the rental housing is prohibited without a Section 111 permit issued under the City of Toronto’s Rental Housing Demolition and Conversion By-law (Chapter 667 of the Municipal Code).  The owner is proposing to replace the 24 residential rental units in a new condominium development.  The replacement rental units are proposed to be on the second, third, fourth and fifth floors of the new building.  The owner has obtained approval from the Ontario Municipal Board (OMB) to construct a new 11-storey condominium building with commercial units at grade and full replacement of the 24 existing rental units within the building.

The Zoning By-law Amendment application for the proposed redevelopment was appealed to the Ontario Municipal Board (OMB) on September 26, 2012.  In December 2013, City Council directed staff to settle the appeals with the applicant.  The rezoning to permit the proposed redevelopment was approved in principle by the OMB on February 19, 2014, with the order withheld until certain conditions, including finalizing the form of the by-law and securing the replacement of rental housing in a Section 37 Agreement were met.

This report provides the results of the negotiations on the rental housing matters, an overview of the development approved by the OMB and recommends the approval of a Section 111 permit under Chapter 667 and Chapter 363 of the Municipal Code for the demolition of the 24 existing rental units, subject to conditions.  The conditions include the full replacement of the 24 rental units and the provision of tenant relocation assistance for eligible tenants, including the right for all tenants to return to occupy a rental unit in the new building.  This report recommends entering into an Agreement under Section 111 to secure these conditions.