Item - 2018.TE34.17

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of 130 existing rental dwelling units located at 55 and 65 Broadway Avenue subject to the following conditions:

a. The owner shall provide and maintain 130 replacement rental dwelling units, comprised of 10 bachelor units, 100 one-bedroom units and 20 two-bedroom units on the subject site, as illustrated on the plans submitted to the City Planning Division dated December 22, 2017, for a period of at least twenty years beginning from the date that each replacement rental dwelling unit is first occupied. Any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall provide at least 1 bachelor, 18 one-bedroom and 6 two-bedroom replacement rental dwelling units at affordable rents and at least 9 bachelor, 82 one-bedroom and 14 two-bedroom replacement rental dwelling units at mid-range rents for a period of at least ten years beginning from the date that each replacement rental dwelling unit is first occupied;

c. The owner shall provide tenants of the replacement rental dwelling units with access to all indoor and outdoor amenities located within the rental tower as illustrated on the plans submitted to the City Planning Division on December 22, 2017, and any revisions shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. The owner shall provide at least 50 vehicle parking spaces to tenants of the replacement rental dwelling units, and any revisions shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The owner shall provide storage lockers to tenants of the replacement rental dwelling units.  The number, size, location and monthly rent of the storage lockers shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner shall provide ensuite laundry facilities in each of the replacement rental dwelling units, at no additional cost to the tenants;

g. The owner shall provide tenant relocation and assistance to all eligible tenants, including the right to return to a replacement rental dwelling unit, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

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

2. City Council authorize the Chief Planner and Executive Director, City Planning, to issue the Preliminary Approval for the permit under Chapter 667 of the Toronto Municipal Code for the demolition of 130 existing rental dwelling units at 55 and 65 Broadway Avenue after all the following have occurred:

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

b. The Zoning By-law Amendments, which were the subject of a decision of a Local Planning Appeal Tribunal, have 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 their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d. The issuance of excavation and shoring permits for the approved development of 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-Bylaw Amendment.

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has issued the Preliminary Approval referred to in Recommendation 2 above.

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition 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, and after the Chief Planner and Executive Director, City Planning, has issued the Preliminary Approval referred to in Recommendation 2 above, which may be included in the demolition permit for Chapter 667 under 363-11.1, of the Toronto 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 rental 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. 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.

The Toronto and East York Community Council held a statutory public meeting on July 4, 2018, and notice was given in accordance with the Planning Act.

A Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code (Section 111 of the City of Toronto Act) for a residential rental property at 55 and 65 Broadway Avenue (File No. 16 118650 STE 22 RH) seeks approval to demolish two existing residential apartment buildings containing a total of 130 rental dwelling units and proposes to provide 130 replacement rental dwelling units within a new residential building.

The related Zoning By-law Amendment application for a residential rental property at 55 and 65 Broadway Avenue (File No. 16 118645 STE 22 OZ) was the subject of a hearing at the Local Planning Appeal Tribunal (No. PL160873). The final Order is being held until all outstanding matters, including the necessary agreements with the City, are secured.  The approval permits two 39-storey residential towers linked by a two-storey base building containing a total of 777 residential dwelling units, including 130 replacement rental dwelling units.

This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.