Item - 2014.EY35.12
Tracking Status
- City Council adopted this item on August 25, 2014 with amendments.
- This item was considered by Etobicoke York Community Council on August 12, 2014 and was adopted with amendments. It will be considered by City Council on August 25, 2014.
EY35.12 - Request for Direction Report - 2800 Bloor Street West - Zoning By-law Amendment Application, Rental Housing Demolition and Conversion Application and Site Plan Approval Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 5 - Etobicoke-Lakeshore
City Council Decision
City Council on August 25, 26, 27 and 28, 2014, adopted the following:
1. City Council authorize the City Solicitor and other appropriate staff to attend the Ontario Municipal Board hearing as necessary in support of a settlement of the Zoning By-law Amendment and Site Plan Control Approval appeals for 2800 Bloor Street West based on the following:
a. The applicant's July 30, 2014 plans submission and letter of July 31, 2014 with respect to built form, subject to further revisions to incorporate driveway access off of Bloor Street West to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and
b. The owner entering into and registering an Agreement under Section 37 of the Planning Act to secure the following, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and prior to any Order issuing by the Ontario Municipal Board:
I. The provision and maintenance by the owner of 10 residential affordable rental replacement dwelling units composed of 7 two bedroom units and 3 three bedroom units, all units to be replaced on site at affordable and mid range rents to the satisfaction of the Chief Planner and Executive Director City Planning, and each such replacement unit to have a minimum size of 950 square feet and including that:
A. The replacement rental dwelling units shall be maintained as rental units for at least 20 years, beginning with the date that each unit is occupied and until the Owner obtains approval for a zoning by-law amendment removing the requirement for replacement rental units to be maintained as rental units;
B. The replacement rental dwelling units shall be ready and available for occupancy no later than the date by which not more than 60 percent of the other units erected on the subject property are available and ready for occupancy;
C. The Owner shall provide and maintain affordable rents charged to the tenants who rent the replacement rental dwelling units during the first 10 years of occupancy, such that the initial rent shall not exceed an amount based on the most recent Fall Update Canada Mortgage and Housing Corporation Rental Market Report average rent for the City of Toronto by unit type, and, upon turn-over, the rent charged to any new tenant shall not exceed the greater of the most recently charged rent or the most recently reported 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 rent guideline and, if applicable, permitted above guideline increases;
D. Rents charged to tenants occupying an affordable replacement rental dwelling unit at the end of the 10 year period shall be subject only to annual 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 A. with a phase-in period of at least three years for rent increases;
E. After the completion of the 10 year period set forth in C above, rents charged to tenants newly occupying a replacement rental dwelling will not be subject to any rent restrictions that may be set out in any agreement entered pursuant to Section 37 of the Planning Act; and
F. Tenants of replacement units shall have access to indoor and outdoor amenity space on the site at no additional charge and on the same basis as other residents of the building, and shall have laundry facilities (in unit or access to shared facilities) and shall have access to vehicle parking and bicycle parking facilities;
II. A cash contribution of $200,000 to be paid prior to the issuance of any building permit for the site to the City of Toronto Affordable Housing Fund; and
III. A cash contribution of $50,000 to be paid prior to the issuance of any building permit for the site for local capital improvements at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.
c. The above required cash contributions are to be indexed upwardly in accordance with the Statistics Canada Non-Residential building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the day the payment is made.
2. City Council direct the City Solicitor to request that the OMB withhold its Order on the Zoning By-law Amendment appeal pending:
a. Receipt of confirmation from the City Solicitor that the final form of the amendment to the former City of Etobicoke Zoning Code is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. Receipt of confirmation from the City Solicitor of the satisfactory execution and registration of the Section 37 Agreement required in Part 1.b.II above; and
c. Receipt of confirmation from the City Solicitor that the owner has submitted a Functional Servicing Report satisfactory to the Executive Director of Engineering and Construction Services and that the owner has made satisfactory arrangements with the City's Engineering and Construction Services for the construction of any improvements to the municipal infrastructure should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Executive Director of Engineering and Construction Services.
3. City Council direct the City Solicitor to request that the OMB withhold its Order on the Site Plan Control appeal pending the following:
a. Receipt of confirmation from the City Solicitor that the site plan application has been revised to incorporate the 10 replacement residential affordable rental dwelling units and driveway access off of Bloor Street West to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;
b. Receipt of confirmation from the City Solicitor that the Conditions of Site Plan Approval set out in Attachment 10 to the Request for Directions report (August 1, 2014) from City Planning and any conditions related to Part a. above, have been fulfilled to the satisfaction of the Chief Planner Executive Director, City Planning; and
c. Receipt of confirmation from the City Solicitor that the Applicant has entered into and registered a Site Plan Agreement pursuant to Section 114 of the City of Toronto Act, 2006 with such agreement to include the Conditions of Site Plan Approval set out in Attachment 10 to the report (August 1, 2014) from the Director, Community Planning, Etobicoke York District and as may be amended to address Part a. above, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.
4. City Council approve the application to demolish the existing residential building that includes 10 affordable and mid-range, 2 and 3 bedroom residential rental dwelling units pursuant to Municipal Code Chapters 667, subject to the following conditions:
a. The Owner shall enter into and register one or more Section 111 Agreements to secure the conditions of rental demolition approval, including provisions requiring future owners and encumbrancers of the lands to assume the obligations contained therein, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, and as outlined below.
b. The Owner shall provide and maintain not less than 10 new replacement residential affordable rental dwelling units, composed of 7 two bedroom units and 3 three bedroom units, all units to be at affordable and mid-range rents, with each unit to be at least 950 square feet, all to the satisfaction of the Chief Planner and Executive Director, City Planning, subject to the following:
i. The 10 replacement rental dwelling units shall be provided entirely on the subject property;
ii. The replacement rental dwelling units shall be maintained as rental units for at least 20 years, beginning with the date that each unit is occupied and until the Owner obtains approval for a zoning by-law amendment removing the requirement for replacement rental units to be maintained as rental units;
iii. The replacement rental dwelling units shall be ready and available for occupancy no later than the date by which not more than 60% of the other units erected on the subject property are available and ready for occupancy;
iv. The Owner shall provide and maintain affordable rents charged to the tenants who rent the designated replacement rental dwelling units during the first 10 years of occupancy, such that the initial rent shall not exceed an amount based on the most recent Fall Update Canada Mortgage and Housing Corporation Rental Market Report average rent for the City of Toronto by unit type, and, upon turn-over, the rent charged to any new tenant shall not exceed the greater of the most recently charged rent or the most recently reported 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 rent guideline and, if applicable, permitted above guideline increases;
v. Rents charged to tenants occupying a replacement rental dwelling unit at the end of the 10 year period set forth in Part 4.b.iv. and v. above shall be subject only to annual 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 4.b.ii. above with a phase-in period of at least three years for rent increases commencing at the expiry of that period;
vi. After the completion of the 10 year period set forth in Part 4.b. iv. above, rents charged to tenants newly occupying a replacement rental dwelling will not be subject to any rent restrictions that may be set out in any agreement entered pursuant to Section 37 of the Planning Act;
vii. Tenants in the 10 rental replacement dwelling units will have access to laundry facilities within the building, and will be given access at no charge and on the same basis as residents of the remainder of the building to indoor and outdoor amenity space, bicycle parking spaces, storage lockers (where applicable), visitor parking, and other common areas, utility and mechanical areas (as appropriate); and
viii. Tenants in the each of the 10 designated rental replacement dwelling units will have access to renting at least 1 parking space for a total of at least 10 parking spaces on the same basis as residents of the remainder of the building, subject to maximum parking charges consistent with the City's practices on parking for rental replacement dwelling units, all to the satisfaction of the Chief Planner and Executive Director, City Planning.
5. City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval to the application under Municipal Code Chapter 667 after all of the following have occurred:
a. The Owner has entered into and registered the Section 111 Agreement required in Part 4. a. and has registered a Section 118 Restriction on the site, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. The zoning by-law amendment agreed to by City Council herein, as determined to the satisfaction of the Chief Planner and Executive Director, City Planning, has come into full force and effect;
c. The Owner has obtained Site Plan Approval for the development agreed to by City Council herein, to the satisfaction of the Chief Planner and Executive Director, City Planning;
d. The Owner has obtained the foundation building permit for the development, substantially in accordance with the plans submitted by the owner on July 30, 2014 and the letter of the owner of July 31, 2014, agreed to by City Council and permitted by the Zoning By-law Amendment and Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; and
e. The Owner has paid to the City the Section 37 Affordable Housing Funds required in 1.b.II above.
6. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning has provided preliminary approval.
7. City Council authorize City staff to take such other actions as are necessary to implement Council's decision.
City Council Decision Advice and Other Information
During the review of the Order Paper on August 25, 2014, Speaker Nunziata ruled the Etobicoke York Community Council Recommendations for Item EY35.12 out of order as the amendments that were moved at Community Council were based on the wrong assumptions that there were already Section 111 and Section 37 Agreements in place. Speaker Nunziata advised Members that the Item would remain on the agenda as being "without recommendation".
Public Notice Given
Statutory - City of Toronto Act, 2006
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2014/ey/bgrd/backgroundfile-72075.pdf
(July 24, 2014) Placeholder Report from the Director, Community Planning, Etobicoke York District regarding 2800 Bloor Street West - Zoning By-law Amendment Application, Rental Housing Demolition and Conversion Application and Site Plan Approval Application
https://www.toronto.ca/legdocs/mmis/2014/ey/bgrd/backgroundfile-72544.pdf
Communications (Community Council)
(August 7, 2014) Letter from Residents of Kingscourt Drive, containing approximately 13 signatures (EY.New.EY35.12.2)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-49027.pdf
(August 11, 2014) E-mail from Kayla MacNeil-DeSousa (EY.New.EY35.12.3)
(August 12, 2014) E-mail from Victoria Sharpe (EY.New.EY35.12.4)
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-49513.pdf
(August 27, 2014) Letter from David Bronskill, Goodmans LLP (CC.New.EY35.12.6)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-49625.pdf
Motions (City Council)
That:
1. City Council authorize the City Solicitor and other appropriate staff to attend the Ontario Municipal Board hearing as necessary in support of a settlement of the Zoning By-law Amendment and Site Plan Control Approval appeals for 2800 Bloor Street West based on the following:
a. The applicant's July 30, 2014 plans submission and letter of July 31, 2014 with respect to built form, subject to further revisions to incorporate driveway access off of Bloor Street West to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and,
b. The owner entering into and registering an Agreement under Section 37 of the Planning Act to secure the following, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and prior to any Order issuing by the Ontario Municipal Board:
I. The provision and maintenance by the owner of 3 affordable 3 bedroom residential rental replacement dwelling units on the site, each such replacement unit to have a minimum size of 950 square feet and including that :
A. The replacement rental dwelling units shall be maintained as rental units for at least 20 years, beginning with the date that each unit is occupied and until the Owner obtains approval for a zoning by-law amendment removing the requirement for replacement rental units to be maintained as rental units;
B. The replacement rental dwelling units shall be ready and available for occupancy no later than the date by which not more than 60 percent of the other units erected on the subject property are available and ready for occupancy;
C. The Owner shall provide and maintain affordable rents charged to the tenants who rent the replacement rental dwelling units during the first 10 years of occupancy, such that the initial rent shall not exceed an amount based on the most recent Fall Update Canada Mortgage and Housing Corporation Rental Market Report average rent for the City of Toronto by unit type, and, upon turn-over, the rent charged to any new tenant shall not exceed the greater of the most recently charged rent or the most recently reported 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 rent guideline and, if applicable, permitted above guideline increases;
D. Rents charged to tenants occupying an affordable replacement rental dwelling unit at the end of the 10 year period shall be subject only to annual 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 A. with a phase-in period of at least three years for rent increases;
E. After the completion of the 10 year period set forth C above, rents charged to tenants newly occupying a replacement rental dwelling will not be subject to any rent restrictions that may be set out in any agreement entered pursuant to Section 37 of the Planning Act; and
F. Tenants of replacement units shall have access to indoor and outdoor amenity space on the site at no additional charge and on the same basis as other residents of the building, and shall have laundry facilities (in unit or access to shared facilities) and shall have access to vehicle parking and bicycle parking facilities;
II. A cash contribution of $200,000 to be paid prior to the issuance of any building permit for the site to the City of Toronto Affordable Housing Fund; and
III. A cash contribution of $50,000 to be paid prior to the issuance of any building permit for the site for local capital improvements at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.
c. The above required cash contributions are to be indexed upwardly in accordance with the Statistics Canada Non-Residential building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the day the payment is made.
2. City Council direct the City Solicitor to request that the OMB withhold its Order on the Zoning By-law Amendment appeal pending:
a. Receipt of confirmation from the City Solicitor that the final form of the amendment to the former City of Etobicoke Zoning Code is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. Receipt of confirmation from the City Solicitor of the satisfactory execution and registration of the Section 37 Agreement required in Recommendation 1 b. II. above; and
c. Receipt of confirmation from the City Solicitor that the owner has submitted a Functional Servicing Report satisfactory to the Executive Director of Engineering and Construction Services and that the owner has made satisfactory arrangements with the City's Engineering and Construction Services for the construction of any improvements to the municipal infrastructure should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Executive Director of Engineering and Construction Services.
3. City Council direct the City Solicitor to request that the OMB withhold its Order on the Site Plan Control appeal pending the following:
a. Receipt of confirmation from the City Solicitor that the site plan application has been revised to incorporate driveway access off of Bloor Street West to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;
b. Receipt of confirmation from the City Solicitor that the Conditions of Site Plan Approval set out in Attachment 10 to the Request for Directions report of City Planning dated August 1, 2014 and any conditions related to a. above, have been fulfilled to the satisfaction of the Chief Planner Executive Director, City Planning; and
c. Receipt of confirmation from the City Solicitor that the Applicant has entered into and registered a Site Plan Agreement pursuant to Section 114 of the City of Toronto Act, 2006 with such agreement to include the Conditions of Site Plan Approval set out in Attachment 10 to the report (August 1, 2014) from the Director, Community Planning, Etobicoke York District and as may be amended to address a. above, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.
4. City Council approve the application to demolish the existing residential building that includes 10 affordable and mid-range, 2 and 3 bedroom residential rental dwelling units pursuant to Municipal Code Chapters 667, subject to the following conditions:
a. The Owner shall enter into and register one or more Section 111 Agreements to secure the conditions of rental demolition approval, including provisions requiring future owners and encumbrancers of the lands to assume the obligations contained therein, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, and as outlined below.
b. The Owner shall provide and maintain not less than 3 new replacement rental dwelling units, comprising 3 affordable rental dwelling units with each unit to be a 3 bedroom unit of at least 950 square feet, to the satisfaction of the Chief Planner and Executive Director, City Planning, subject to the following:
i. The 3 replacement rental dwelling units shall be provided entirely on the subject property;
ii. The replacement rental dwelling units shall be maintained as rental units for at least 20 years, beginning with the date that each unit is occupied and until the Owner obtains approval for a zoning by-law amendment removing the requirement for replacement rental units to be maintained as rental units;
iii. The replacement rental dwelling units shall be ready and available for occupancy no later than the date by which not more than 60% of the other units erected on the subject property are available and ready for occupancy;
iv. The Owner shall provide and maintain affordable rents charged to the tenants who rent the designated replacement rental dwelling units during the first 10 years of occupancy, such that the initial rent shall not exceed an amount based on the most recent Fall Update Canada Mortgage and Housing Corporation Rental Market Report average rent for the City of Toronto by unit type, and, upon turn-over, the rent charged to any new tenant shall not exceed the greater of the most recently charged rent or the most recently reported 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 rent guideline and, if applicable, permitted above guideline increases;
v. Rents charged to tenants occupying a replacement rental dwelling unit at the end of the 10 year period set forth in 4.b)iv. above shall be subject only to annual 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 4.b)ii. above with a phase-in period of at least three years for rent increases commencing at the expiry of that period;
vi. After the completion of the 10 year period set forth in 4.b. iv. above, rents charged to tenants newly occupying a replacement rental dwelling will not be subject to any rent restrictions that may be set out in any agreement entered pursuant to Section 37 of the Planning Act;
vii. Tenants in the 3 rental replacement dwelling units will have access to laundry facilities within the building, and will be given access at no charge and on the same basis as residents of the remainder of the building to indoor and outdoor amenity space, bicycle parking spaces, storage lockers (where applicable), visitor parking, and other common areas, utility and mechanical areas (as appropriate); and
viii. Tenants in the each of the 3 designated rental replacement dwelling units will have access to renting at least 1 parking space (for a total of at least 3 parking spaces) on the same basis as residents of the remainder of the building, subject to maximum parking charges consistent with the City's practices on parking for rental replacement dwelling units, all to the satisfaction of the Chief Planner and Executive Director, City Planning.
5. City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval to the application under Municipal Code Chapter 667 after all of the following have occurred:
a. The Owner has entered into and registered the Section 111 Agreement required in 4. a) and has registered a Section 118 Restriction on the site, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. The zoning by-law amendment agreed to by City Council herein, as determined to the satisfaction of the Chief Planner and Executive Director, City Planning, has come into full force and effect;
c. The Owner has obtained Site Plan Approval for the development agreed to by City Council herein, to the satisfaction of the Chief Planner and Executive Director, City Planning;
d. The Owner has obtained the foundation building permit for the development, substantially in accordance with the plans submitted by the owner on July 30, 2014 and the letter of the owner of July 31, 2014, agreed to by City Council and permitted by the Zoning By-law Amendment and Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; and
e. The Owner has paid to the City the Section 37 Affordable Housing Funds required in 1. B. II above.
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 has provided preliminary approval.
7. City Council authorize City staff to take such other actions as are necessary to implement the above recommendations.
Amended by motion 2a by Councillor Doucette.
Vote (Amend Item) Aug-28-2014 5:28 PM
Result: Carried | Majority Required - EY35.12 - Maloney - motion 1 - as amended |
---|---|
Total members that voted Yes: 33 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, Karen Stintz, Kristyn Wong-Tam |
Total members that voted No: 5 | Members that voted No are Gary Crawford, Mary Fragedakis, Mark Grimes, James Maloney, Ron Moeser |
Total members that were Absent: 7 | Members that were absent are Michelle Berardinetti, Raymond Cho, Gloria Lindsay Luby, Giorgio Mammoliti, James Pasternak, David Shiner, Michael Thompson |
That motion 1 by Councillor Maloney be amended to provide for the following rental housing replacement requirement:
That the applicant will replace 10 residential affordable rental units as follows:
7 two bedroom units, and
3 three bedroom units,
all units to be replaced on site at affordable and mid-range rents to the satisfaction of the Chief Planner and Executive Director City Planning
and that the relevant sections of motion 1 be amended to reflect this requirement.
Vote (Amend Motion) Aug-28-2014 5:27 PM
Result: Carried | Majority Required - EY35.12 - Doucette - motion 2a |
---|---|
Total members that voted Yes: 20 | Members that voted Yes are Maria Augimeri, Ana Bailão, Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Joe Mihevc, John Parker, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Kristyn Wong-Tam |
Total members that voted No: 18 | Members that voted No are Paul Ainslie, Josh Colle, Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Norman Kelly, Peter Leon, James Maloney, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Karen Stintz, Michael Thompson |
Total members that were Absent: 7 | Members that were absent are Michelle Berardinetti, Raymond Cho, Gloria Lindsay Luby, Giorgio Mammoliti, James Pasternak, Jaye Robinson, David Shiner |
If motion a by Councillor Doucette fails,
That City Council adopt the following recommendations contained in the report (August 1, 2014) from the Director, Community Planning, Etobicoke York District:
1. City Council authorize the City Solicitor, together with City Planning staff and other appropriate staff to attend the Ontario Municipal Board hearing to oppose the appeal of the Zoning By-law Amendment for 2800 Bloor Street West in its current form.
2. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning, to continue discussions with the applicant in an attempt to resolve outstanding matters related to rental housing replacement.
3. City Council refuse the current application to demolish rental housing units under Municipal Code Chapter 667 as the proposal does not provide for satisfactory replacement by number, size, type and at similar rents for the 10 existing affordable and mid-range units and would not provide for the right of return to any tenants who had been unduly displaced during the process.
4. In the event the applicant modifies the applications to address the issues described in Recommendation 3 and set out in this report of the Director of Community Planning, Etobicoke York District dated August 1, 2014, to the satisfaction of the Chief Planner and Executive Director, City Planning, City Council authorize the City Solicitor to settle all or part of the appeal of the Zoning By-law Amendment as applicable, and attend at the Ontario Municipal Board to take steps as required to implement any such settlement.
5. In the event that the OMB allows the appeals, in whole or in part, City Council direct the City Solicitor to request that the OMB withhold its order on the Zoning By-law Amendment application pending:
a. Receipt of confirmation from the City Solicitor that the final form of the amendment to the former City of Etobicoke Zoning Code is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. The submission of a Functional Servicing Report to the satisfaction of the Executive Director of Engineering and Construction Services; and
c. The owner making satisfactory arrangements with Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Executive Director of Engineering and Construction Services.
6. Request that the OMB withhold its order on the Site Plan Control application pending the following conditions being addressed:
a. The Conditions of Site Plan Approval set out in Attachment 10 to this report being fulfilled to the satisfaction of the Chief Planner and Executive Director, City Planning; and
b. The applicant entering into and registering a Site Plan Agreement pursuant to Section 114 of the City of Toronto Act, 2006 with such Agreement to include the Conditions of Site Plan Approval set out in Attachment 10 to this report.
7. City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above recommendations.
EY35.12 - Request for Direction Report - 2800 Bloor Street West - Zoning By-law Amendment Application, Rental Housing Demolition and Conversion Application and Site Plan Approval Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 5 - Etobicoke-Lakeshore
Public Notice Given
Statutory - City of Toronto Act, 2006
Community Council Recommendations
Etobicoke York Community Council recommends that:
1. City Council approve the Zoning By-law Amendment Application based on the July 30, 2014 submission with respect to built-form, subject to further revisions to incorporate driveway access off Bloor Street West, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services.
2. City Council approve the application to demolish the existing residential building that includes 10 residential rental housing units pursuant to Municipal Code Chapters 667, subject to the following conditions under Chapter 667 which provide for partial replacement of the rental housing units:
a. The Owner shall enter into and register one or more Section 111 Agreements to secure the conditions of rental demolition approval, including provisions requiring future owners and encumbrancers of the lands to assume the obligations contained therein, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, as outlined below and as referred to in the August 1, 2014 report from the Director, Community Planning, Etobicoke York District.
b. The Owner shall provide and maintain not less than 3 new replacement rental dwelling units, comprising 3 affordable rental dwelling units with each unit to be a unit of approximately 867 square feet, to the satisfaction of the Chief Planner and Executive Director, City Planning, subject to the following:
i. The 3 replacement rental dwelling units shall be provided entirely on the subject property.
ii. The replacement rental dwelling units shall be maintained as rental units for at least 20 years, beginning with the date that each unit is occupied and until the Owner obtains approval for a zoning by-law amendment removing the requirement for replacement rental units to be maintained as rental units.
iii. The replacement rental dwelling units shall be ready and available for occupancy no later than the date by which not more than 60% of the other units erected on the subject property are available and ready for occupancy.
iv. The Owner shall provide and maintain affordable rents charged to the tenants who rent the 1 designated affordable replacement rental dwelling units during the first 10 years of its occupancy, such that the initial rent shall not exceed an amount based on the most recent Fall Update Canada Mortgage and Housing Corporation Rental Market Report average rent for the City of Toronto by unit type, and, upon turn-over, the rent charged to any new tenant shall not exceed the greater of the most recently charged rent or the most recently reported 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 rent guideline and, if applicable, permitted above guideline increases.
v. Rents charged to tenants occupying an affordable replacement rental dwelling unit at the end of the 10 year period set forth in 2(b)(iv) shall be subject only to annual 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 2(b)(ii) with a phase-in period of at least three years for rent increases.
vi. After the completion of the 10 year period set forth in 2 (b)(iv), above, rents charged to tenants newly occupying a replacement rental dwelling will not be subject to any rent restrictions that may be set out in any agreement entered pursuant to Section 37 of the Planning Act.
3. City Council direct the City Solicitor to request that the Ontario Municipal Board withhold its order on the Zoning By-law Amendment application pending:
a. Receipt of confirmation from the City Solicitor that the final form of the amendment to the former City of Etobicoke Zoning Code is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.
b. The submission of a Functional Servicing Report to the satisfaction of the Executive Director of Engineering and Construction Services.
c. The Owner making satisfactory arrangements with Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Executive Director of Engineering and Construction Services.
d. The Owner providing a payment of:
i. $50,000 for local improvements; and
ii. $200,000 for the City of Toronto Affordable Housing Fund.
4. City Council request that the Ontario Municipal Board withhold its order on the Site Plan Control application pending the following conditions being addressed:
a. The Conditions of Site Plan Approval set out in Attachment 10 to this report being fulfilled to the satisfaction of the Chief Planner and Executive Director, City Planning.
b. Revisions to the proposal to incorporate driveway access off of Bloor Street West.
c. The Applicant entering into and registering a Site Plan Agreement pursuant to Section 114 of the City of Toronto Act, 2006 with such agreement to include the Conditions of Site Plan Approval set out in Attachment 10 to the report (August 1, 2014) from the Director, Community Planning, Etobicoke York District.
5. City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval to the application under Municipal Code Chapter 667 after all of the following events have occurred:
a. The Owner has entered into the Section 111 Agreement contemplated above.
b. The Owner has obtained the first building permit for the foundation of the development on the site.
c. The Official Plan amendment and zoning by-law amendment contemplated herein has come into full force and effect.
d. The Owner has obtained Notice of Approval conditions.
e. The Owner has provided the Section 37 Affordable Housing Funds in Recommendation 3.d above.
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 has provided preliminary approval.
7. City Council direct the Owner to enter into and register a Section 118 Restriction on title pursuant to the Land Titles Act, with such Agreement to be to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.
Decision Advice and Other Information
Etobicoke York Community Council held a public meeting on August 12, 2014, and notice was given in accordance with Municipal Code Ch. 667 under the City of Toronto Act, 2006.
Origin
Summary
The Zoning By-law Amendment and Rental Housing Demolition applications propose to demolish the existing 3-storey residential rental building containing 10 affordable and mid-range residential rental units and replace it with a residential condominium building at 2800 Bloor Street. The Site Plan Control application proposes to implement the proposed development.
The purpose of this report is to obtain City Council's direction on a revised development proposal for the lands submitted on July 30, 2014 involving a Zoning By-law Amendment application, a Site Plan Control application and an application for permission to demolish the existing rental housing on the subject lands.
The original application submitted on June 11, 2013 proposed to demolish the existing residential rental building and replace it with a 9-storey, 8,692 m2 residential condominium building containing 44 dwelling units, of which 3 units were proposed to be non-condominium registered rental replacement dwellings.
In April 2014, the applicant submitted a revised development concept for an 8-storey, 7,708 m2 residential condominium building containing 41 dwelling units of which 3 units were proposed to be non-condominium registered rental replacement dwellings. The April 2014 resubmission was accompanied by a Site Plan Control approval application for the revised development concept.
On May 22, 2014 the applicant appealed the subject Zoning By-law Amendment application to the Ontario Municipal Board (OMB), citing Council's failure to make a decision within the time prescribed by the Planning Act as well as an appeal to the related Site Plan Control application. A Pre-Hearing Conference, as requested by the appellant, has yet to be scheduled by OMB.
On July 30, 2014 the applicant submitted a further revised development concept. This submission maintains the 8-storey and 41 residential unit proposal, of which 3 units are proposed to be non-condominium registered rental replacement dwellings but incorporates built form refinements and modifies indoor and outdoor on-site amenity space for the proposed development. The total gross floor area of this July 30, 2014 resubmission is 7,250 m2.
The applicant has also submitted an application for a Section 111 permit pursuant to Chapter 667 of the City of Toronto Municipal Code for the demolition of the existing 10 residential rental units, comprising 7 two-bedroom and 3 three-bedroom units. City decisions made pursuant to Section 111 of the City of Toronto Act, 2006, as to whether or not to allow the demolition or conversion of existing residential rental units under c.667 of the Municipal Code are not appealable to the OMB. The proposal for the rental housing replacement is to replace the existing 10 units with 3 units, comprised of 2 one-bedroom and 1 two-bedroom units at mid-range rents that are not to be condominium registered.
The July 2014 proposal provides for a building height, massing and form that Planning staff do not have any objection to from a built form perspective. However, the proposal is not consistent with the Provincial Policy Statement 2014, does not have regard to Section 2(j) of the Planning Act, and does not maintain the intent of the Official Plan policies with respect to housing. In particular, the application requires the demolition of 10 existing rental dwelling units having affordable and mid-range rents and proposes only three rental replacement dwelling units with mid-range rents. The resulting development would negatively impact the provision of an appropriate range of housing, particularly rental and affordable housing. On this basis, staff are recommending refusal of the Zoning By-law Amendment application.
This report also recommends the related Site Plan Control application not be approved until issues and concerns as detailed in this report have been addressed and in the event the OMB were to allow the zoning appeal, it is recommended that any Board Order respecting the Site Plan Control application be held to allow for resolution of the site plan issues.
This report also recommends refusal of the Rental Housing Demolition application for a permit under Municipal Code chapter 667 to demolish the 10-unit residential rental unit apartment building at 2800 Bloor Street West due to the proposed loss of rental and affordable housing.
Background Information
https://www.toronto.ca/legdocs/mmis/2014/ey/bgrd/backgroundfile-72075.pdf
(July 24, 2014) Placeholder Report from the Director, Community Planning, Etobicoke York District regarding 2800 Bloor Street West - Zoning By-law Amendment Application, Rental Housing Demolition and Conversion Application and Site Plan Approval Application
https://www.toronto.ca/legdocs/mmis/2014/ey/bgrd/backgroundfile-72544.pdf
Communications
(August 7, 2014) Letter from Residents of Kingscourt Drive, containing approximately 13 signatures (EY.New.EY35.12.2)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-49027.pdf
(August 11, 2014) E-mail from Kayla MacNeil-DeSousa (EY.New.EY35.12.3)
(August 12, 2014) E-mail from Victoria Sharpe (EY.New.EY35.12.4)
Speakers
Shelly Tulloch, Goodmans
Joseph Mik
Edna Becker
John Agellon
Peter Kreutzner
Carole Goyette
Ann Hannah
Motions
That Etobicoke York Community Council delete the recommendations contained in the report (August 1, 2014) from the Director, Community Planning, Etobicoke York District, and recommend that City Council adopt the following instead:
1. City Council approve the Zoning By-law Amendment Application based on the July 30, 2014 submission with respect to built-form, subject to further revisions to incorporate driveway access off Bloor Street West, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services.
2. City Council approve the application to demolish the existing residential building that includes 10 residential rental housing units pursuant to Municipal Code Chapters 667, subject to the following conditions under Chapter 667 which provide for partial replacement of the rental housing units:
a. The Owner shall enter into and register one or more Section 111 Agreements to secure the conditions of rental demolition approval, including provisions requiring future owners and encumbrancers of the lands to assume the obligations contained therein, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, as outlined below and as referred to in the August 1, 2014 report from the Director, Community Planning, Etobicoke York District.
b. The Owner shall provide and maintain not less than 3 new replacement rental dwelling units, comprising 3 affordable rental dwelling units with each unit to be a unit of approximately 867 square feet, to the satisfaction of the Chief Planner and Executive Director, City Planning, subject to the following:
i. The 3 replacement rental dwelling units shall be provided entirely on the subject property.
ii. The replacement rental dwelling units shall be maintained as rental units for at least 20 years, beginning with the date that each unit is occupied and until the Owner obtains approval for a zoning by-law amendment removing the requirement for replacement rental units to be maintained as rental units.
iii. The replacement rental dwelling units shall be ready and available for occupancy no later than the date by which not more than 60% of the other units erected on the subject property are available and ready for occupancy.
iv. The Owner shall provide and maintain affordable rents charged to the tenants who rent the 1 designated affordable replacement rental dwelling units during the first 10 years of its occupancy, such that the initial rent shall not exceed an amount based on the most recent Fall Update Canada Mortgage and Housing Corporation Rental Market Report average rent for the City of Toronto by unit type, and, upon turn-over, the rent charged to any new tenant shall not exceed the greater of the most recently charged rent or the most recently reported 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 rent guideline and, if applicable, permitted above guideline increases.
v. Rents charged to tenants occupying an affordable replacement rental dwelling unit at the end of the 10 year period set forth in 2(b)(iv) shall be subject only to annual 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 2(b)(ii) with a phase-in period of at least three years for rent increases.
vi. After the completion of the 10 year period set forth in 2 (b)(iv), above, rents charged to tenants newly occupying a replacement rental dwelling will not be subject to any rent restrictions that may be set out in any agreement entered pursuant to Section 37 of the Planning Act.
3. City Council direct the City Solicitor to request that the Ontario Municipal Board withhold its order on the Zoning By-law Amendment application pending:
a. Receipt of confirmation from the City Solicitor that the final form of the amendment to the former City of Etobicoke Zoning Code is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.
b. The submission of a Functional Servicing Report to the satisfaction of the Executive Director of Engineering and Construction Services.
c. The Owner making satisfactory arrangements with Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Executive Director of Engineering and Construction Services.
d. The Owner providing a payment of:
i. $50,000 for local improvements; and
ii. $200,000 for the City of Toronto Affordable Housing Fund.
4. City Council request that the Ontario Municipal Board withhold its order on the Site Plan Control application pending the following conditions being addressed:
a. The Conditions of Site Plan Approval set out in Attachment 10 to this report being fulfilled to the satisfaction of the Chief Planner and Executive Director, City Planning.
b. Revisions to the proposal to incorporate driveway access off of Bloor Street West.
c. The Applicant entering into and registering a Site Plan Agreement pursuant to Section 114 of the City of Toronto Act, 2006 with such agreement to include the Conditions of Site Plan Approval set out in Attachment 10 to the report (August 1, 2014) from the Director, Community Planning, Etobicoke York District.
5. City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval to the application under Municipal Code Chapter 667 after all of the following events have occurred:
a. The Owner has entered into the Section 111 Agreement contemplated above.
b. The Owner has obtained the first building permit for the foundation of the development on the site.
c. The Official Plan amendment and zoning by-law amendment contemplated herein has come into full force and effect.
d. The Owner has obtained Notice of Approval conditions.
e. The Owner has provided the Section 37 Affordable Housing Funds in Recommendation 3.d above.
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 has provided preliminary approval.
7. City Council direct the Owner to enter into and register a Section 118 Restriction on title pursuant to the Land Titles Act, with such Agreement to be to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.
Vote (Amend Item) Aug-12-2014
Result: Carried | Majority Required - EY35.12 - Maloney - motion 1 - Adopt Item, as amended |
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Total members that voted Yes: 9 | Members that voted Yes are Vincent Crisanti (Chair), Frank Di Giorgio, Sarah Doucette, Doug Ford, Mark Grimes, Peter Leon, James Maloney, Frances Nunziata, Cesar Palacio |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 2 | Members that were absent are Gloria Lindsay Luby, Giorgio Mammoliti |