Item - 2015.TE4.7

The Toronto and East York Community Council recommends that:

1.         City Council approve the application to demolish the 32 existing residential rental units located in the residential rental apartment building at 197 Redpath Avenue 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 (January 21, 2015) from the Director, Community Planning, Toronto and East York District, titled:  "197 Redpath Avenue and 95 and 99 Broadway Avenue - Residential Rental Demolition Application under Municipal Code Chapter 667 - Final Report":

a.         The owner shall provide and maintain thirty-two (32) residential rental units on the subject site as rental housing for a period of at least 20 years, comprising 7 bachelor, 9 one-bedroom, 8 two-bedroom and 8 three-bedroom units, as shown on the plans submitted to the City Planning Division, dated December 10, 2014, with any revisions to be to the satisfaction of the Chief Planner and Executive Director, City Planning, and of which at least 4 bachelors, 3 one-bedroom, 3 two-bedroom and 4 three-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 1.a. and b. above and as described in the Draft Zoning By-law Amendment attached hereto as Attachment 2 to the report (January 21, 2015) from the Director, City Planning, Toronto and East York District, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

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 32 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 part 1 above.

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

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 part 2. above.

4.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for all of the structures at 197 Redpath Avenue and 95 and 99 Broadway Avenue no earlier than issuance of the first building permit for excavation and shoring of the development approved by the OMB on June 19, 2014, and as provided for in the Draft Zoning By-law Amendment as attached to the report (January 21, 2015) from the Director, Community Planning, Toronto and East York District, and after the Chief Planner and Executive Director, City Planning, has issued 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 four (4) 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. 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 Agreement.

An application has been made to demolish a three storey, 32 residential rental unit building, comprising 7 bachelor, 9 one-bedroom, 8 two-bedroom and 8 three-bedroom units at 197 Redpath Avenue and two previously owner-occupied houses at 95 and 99 Broadway Avenue.  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 32 residential rental units in a new condominium development.  The replacement rental units are proposed to be on the third and fourth floors of the new building.  The owner has obtained approval from the Ontario Municipal Board (OMB) to construct two new 34 storey towers, inclusive of a seven storey podium, with the full replacement of the 32 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 May 24, 2013.  In September 2013, City Council directed staff to oppose the development at the Board.  The proposal was revised in December 2013, reducing the total height from 38 storeys to 34 storeys.  City Council directed Staff to continue to oppose the revised proposal.  The rezoning to permit the proposed redevelopment was approved in principle by the OMB on June 19, 2014, with the order withheld until certain conditions, including finalizing the form of the by-law and securing a Section 37 Agreement that includes the replacement of rental housing.

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 32 existing rental units, subject to conditions.  The conditions include the full replacement of the 32 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.