Item - 2018.TE29.6

The Toronto and East York Community Council recommends that:

1. City Council approve the application for a Section 111 permit in accordance with Municipal Code Chapter 667 to allow the demolition of nine (9) existing rental dwelling units located at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue subject to the following conditions:

a. The owner shall provide and maintain nine (9) replacement rental dwelling units and two (2) new rental dwelling units, comprised of two (2) bachelor units, two (2) one-bedroom units, six (6) two-bedroom units and one (1) three-bedroom unit, on the subject site for a period of at least twenty (20) years, as generally shown on the plans submitted to the City Planning Division dated November 2, 2017. Any revision to these plans must be to the satisfaction of the Acting Chief Planner and Executive Director, City Planning;

b. The owner shall provide at least two (2) bachelor and one (1) two-bedroom replacement rental dwelling units at affordable rents and five (5) two-bedroom and one (1) three-bedroom replacement rental dwelling units at mid-range rent for a period of at least ten (10) years. The owner shall also provide at least two (2) one-bedroom new rental dwelling units at unrestricted rents;

c. The owner shall provide ensuite laundry in all replacement rental dwelling units and new rental dwelling units;

d. The owner shall provide tenants of the replacement rental dwelling units and new rental dwelling units with access to all indoor and outdoor amenities and bicycle parking on the same terms and conditions as condominium residents;

e. The owner shall provide at least two (2) vehicle parking spaces for rent to tenants of the replacement rental dwelling units and new rental dwelling units;

f. The owner shall provide at least seven (7) of the replacement rental dwelling units with a balcony or terrace;

g. The owner shall provide a Tenant Relocation and Assistance Plan to all eligible tenants, including the right to return to a replacement rental dwelling unit, to the satisfaction of the Acting Chief Planner and Executive Director, City Planning;

h. The owner shall enter into and register on title one or more Agreement(s) to secure the conditions outlined in 1.a., b., c., d., e., f. and g. above to the satisfaction of the City Solicitor and the Acting Chief Planner and Executive Director, City Planning; and

i. 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 nine (9) replacement rental dwelling units and two (2) new rental dwelling units, without the written consent of the Acting Chief Planner and Executive Director, City Planning or their designate, to assist with the securing of 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 Acting Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the application under Municipal Code Chapter 667 for the demolition of the nine (9) existing rental dwelling units at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue after all of the following have occurred:

a. Satisfaction or securing of the conditions in Recommendation 1 above;

b. The Zoning By-law amendments which were the subject of a hearing at the Ontario Municipal Board have come into full force and effect;

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

d. The issuance of excavation and shoring permits for the approved structure on the site; and

e. The execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendations 1. a., b., c., d., e., f. and g. above and any other requirements of the Zoning By-law Amendment.

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 preliminary approval referred to in Recommendation 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 the issuance of the first building permit for excavation and shoring of the development, after the Acting Chief Planner and Executive Director, City Planning has given preliminary approval referred to in Recommendation 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 erects 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 Recommendation 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 recommendations above, including execution of the Section 111 Agreement.

An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been filed for a residential rental property at 85-91 Broadway Avenue and 198 Redpath Avenue (16 262583 STE 22 RH).  This application seeks approval to demolish 12 dwelling units (9 rental dwelling units and 3 owner occupied dwelling units) in 5 house form buildings and proposes to provide 11 rental dwelling units (9 replacement rental dwelling units and 2 new rental dwelling units) within a new residential building as part of the proposed redevelopment of the site.

This property is part of a related group of buildings at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue that is subject to a Zoning By-law Amendment application (File No. 15 106950 STE 22 OZ) for the development of a 37-storey mixed-use building containing 351 dwelling units.  The Zoning By-law Amendment application was the subject of a hearing at the Ontario Municipal Board, with a final Order pending until all outstanding matters, including the necessary agreements with the City, are secured.

This report recommends approval of the Section 111 permit application under Chapter 667 of the Toronto Municipal Code and the demolition permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.