Item - 2014.NY30.27
Tracking Status
- City Council adopted this item on March 20, 2014 without amendments and without debate.
- This item was considered by the North York Community Council on February 25, 2014 and adopted without amendment. It will be considered by City Council on March 20, 2014.
NY30.27 - Final Report - Residential Rental Demolition Application Under Municipal Code Chapter 667 - 50 and 52 Neptune Drive
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 15 - Eglinton-Lawrence
City Council Decision
City Council on March 20, 2014, adopted the following:
1. City Council approve the application to demolish the 24 existing residential rental units located in two buildings at 50 and 52 Neptune Drive pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for the replacement of 24 rental housing units with the same housing mix, as outlined in the report (February 3, 2014) from the Director, Community Planning, North York District:
a. the owner shall provide and maintain twenty-four (24) residential rental units according to the rental floor plans dated October 28, 2013 with any changes to the satisfaction of the Chief Planner and Executive Director, City Planning on the subject site;
b. the owner shall provide the units in a. above, as rental housing for a period of at least 20 years, comprising 12 one-bedroom units and 12 two-bedroom units, of which at least 20 shall have affordable rents and 4 shall have rents no higher than mid-range rents;
c. the owner shall provide tenant relocation assistance 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;
d. the owner shall enter into and register one or more Section 111 Agreement(s) to secure the conditions outlined herein and as described in the zoning by-law amendment attached and before the Ontario Municipal Board on November 5, 2013 to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and
e. the owner shall enter into and register 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 to be released only upon the owner obtaining the necessary approvals including the zoning by-law amendment.
2. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval of the Section 111 permit to the application under Municipal Code Chapter 667 after the latest of the following has occurred:
a. satisfaction or securing of the conditions in Part 1 above;
b. after the Zoning By-law amendments approved by the Ontario Municipal Board have 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 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 Division has given the preliminary approval referred to in Part 2 above.
4. City Council authorize the Chief Building Official and Executive Director, Toronto Building 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, and after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Part 2 above, 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 three (3) 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 a. above, 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 Council's decision, including execution of the Section 111 Agreements.
Public Notice Given
Statutory - City of Toronto Act, 2006
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2014/ny/bgrd/backgroundfile-66522.pdf
Communications (Community Council)
NY30.27 - Final Report - Residential Rental Demolition Application Under Municipal Code Chapter 667 - 50 and 52 Neptune Drive
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 15 - Eglinton-Lawrence
Public Notice Given
Statutory - City of Toronto Act, 2006
Community Council Recommendations
North York Community Council recommends that:
1. City Council approve the application to demolish the 24 existing residential rental units located in two buildings at 50 and 52 Neptune Drive pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for the replacement of 24 rental housing units with the same housing mix, as outlined in the report (February 3, 2014) from the Director, Community Planning, North York District:
a. the owner shall provide and maintain twenty-four (24) residential rental units according to the rental floor plans dated October 28, 2013 with any changes to the satisfaction of the Chief Planner on the subject site;
b. the owner shall provide the units in a. above, as rental housing for a period of at least 20 years, comprising 12 one-bedroom units and 12 two-bedroom units, of which at least 20 shall have affordable rents and 4 shall have rents no higher than mid-range rents;
c. the owner shall provide tenant relocation assistance 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;
d. the owner shall enter into and register one or more Section 111 Agreement(s) to secure the conditions outlined herein and as described in the zoning by-law amendment attached and before the Ontario Municipal Board on November 5, 2013 to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division; and
e. the owner shall enter into and register 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 Division or her designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands to be released only upon the owner obtaining the necessary approvals including the zoning by-law amendment.
2. City Council authorize the Chief Planner and Executive Director, City Planning Division to issue the Preliminary Approval of the Section 111 permit 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 amendments approved by the Ontario Municipal Board have come into full force and effect; and
c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner 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 Division has given 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, and after the Chief Planner and Executive Director, City Planning Division has given 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 three (3) 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 a. above, 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 Agreements.
Decision Advice and Other Information
North York Community Council held a statutory public meeting on February 25, 2014 and notice was given in accordance with the Planning Act. No one addressed the North York Community Council on February 25, 2014.
Origin
Summary
This application for a Section 111 permit proposes to demolish two existing three storey walk-up rental apartment buildings with a total of 24 residential rental units at affordable and mid-range rents. The Applicant has approval from the Ontario Municipal Board to construct a new 10-storey residential condominium building and full replacement of the 24 existing rental units within the building.
This report's recommendations are in regard to the rental demolition application on the subject site under Municipal Code Chapter 667, pursuant to the City of Toronto Act. The related Zoning application for the proposed redevelopment was appealed to the Ontario Municipal Board on December 19, 2012. In July 2013 Council gave Staff direction to settle the appeals with the applicant. The Official Plan and Zoning By-law Amendments were before the Ontario Municipal Board on November 5, 2013. On December 11, 2013 the Board allowed the applicant's appeal as it relates to the Official Plan Amendment. The Board withheld its final order regarding the rezoning application pending confirmation from the City that, among other matters, a Section 111 Rental Housing and Demolition application be approved by City Council. This report provides the results of the negotiations on the rental housing matters, an overview of the approved development, and makes recommendations to approve a Section 111 permit under Chapter 667 and Chapter 363 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, including the right for 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.
The recommendations of this report fulfill these requirements.
Background Information
https://www.toronto.ca/legdocs/mmis/2014/ny/bgrd/backgroundfile-66522.pdf
Communications
Motions
That North York Community Council recommend that:
1. City Council adopt the staff recommendations in the Recommendations Section of the report (February 3, 2014) from the Director, Community Planning, North York District.